1989 Journal

OCTOBER TERM, 1989

Reference Index

Contents: Page

Statistics n General m Appeals in

Arguments in

Attorneys in

Briefs iv

Certiorari iv Costs v Judgments and Opinions v Miscellaneous v Original Cases v

Parties vi

Records vi

Rehearings vi

Rules vi

Stays vi Conclusion vn

(i) II

STATISTICS AS OF JUNE 28, 1990

In Forma Paid Oripnal Pauperis Total Cases Cases

Number of cases on docket 14 2,416 3,316 5,746 Cases disposed of 2 2,051 2,879 4,932

Remaining on docket 12 365 437 814

Cases docketed during term: Paid cases 2,032 In forma pauperis cases 2,885

Original cases 1 Total 4,918

Cases remaining from last term 828 Total cases on docket 5,746 Cases disposed of 4,932 Number of remaining on docket 814 Petitions for certiorari granted: In paid cases 100 In in forma pauperis cases 19 Appeals granted: In paid cases 3 In in forma pauperis cases 0 Total cases granted plenary review 123* Cases argued during term 146 Number disposed of by full opinions 143 Number disposed of by per curiam opinions 3 Number set for reargument next term 0 Cases available for argument at beginning of term 81 Disposed of summarily after review was granted 1 Original cases set for argument 1 Cases reviewed and decided without oral argument 79 Total cases available for argument at start of next term 57

Number of written opinions of the Court 129 Opinions per curiam in argued cases 3

Number of lawyers admitted to practice as of October 1, 1990: On written motion 4,623 On oral motion 1,173 Total 5,796

*Includes 74, Original. Ill

GENERAL: page

1988 Term closed and 1989 Term convened October 2, 1989;

adjourned October 1, 1990 1 Blackmun, J., assigned as Circuit Justice for 1st Circuit pending further order 829 Brennan, J., announces retirement on Friday, July 20, 1990, effective that date Chief Justice assigned as Circuit Justice for 1st and 3rd Circuit, effective July 20, 1990 pending further order; order vacated 825, 829 Goldberg, J., announcement of death on January 19, 1990. 357 Powell, J. (Retired), assigned to 11th Circuit for period September 19-20, 1990 919 Special sitting to commemorate 200th anniversary of first sitting of Court (Special poster issued) 343 Souter, David H., Circuit Judge, nominated to Court by President Bush on July 23, 1990 Stevens, J., assigned as Circuit Justice for the Third Cir- cuit pending further order 829 APPEALS: Motion to expedite consideration of appeals granted; probable jurisdiction noted (89-1433, 89-1434), expedited briefing schedule set; cases argued; opinion announced 465, 523, 647, 734 ARGUMENTS: Motion granted— Attorney General of Arkansas to argue on behalf of two respondents. (88-7146) 285 Motion with respect to oral argument denied. (88-1595, 88-1771) 222 ATTORNEYS: Appointment of counsel order vacated, new counsel appointed. (88-1972) 359 Appointment of counsel order vacated, new counsel appointed to argue. (89-61) 285 Attorney died, Rule to Show Cause discharged. (D-807) 720 Counsel appointed. (88-7146; 88-1972; 88-6613, 88-7164, 88-7194, 89-189; 89-789; 89-260; 89-5867; 89-5011; 89- 5900; 89-839; 89-1433; 89-1434; 89-5916; 89-1363; 89-7272) 4, 143, 174, 360, 381, 470, 505, 543, 576, 648, 654, 797 IV

ATTORNEYS - Continued page Dissent from disbarment order. (D-891) 797 Orders released after oral motions for admission enter- tained 193 Resignation accepted. (D-782; D-797; D-804; D-817; D-824; D-825; D-852; D-850; D-852; D-862; D-863; D-859; D-897; D-893; D-896) 100, 125, 271, 284, 328, 379, 469, 542, 575, 697, 746 Former Solicitor General Rex Lee presented argument. (88-493) 192 BRIEFS:

Briefing on merits suspended for 120 days. (89-1027, 89-1028) 721 Leave granted inmate to dispense with printing reply brief. (89-1040) 505

Leave to file brief on reargument granted. (88-325) .... 173, 222 Leave to submit case on briefs denied. (88-1400) 142 Motion to strike brief of United States granted. (89-1104) 600

Respondents directed to file single brief. (89-61) 285 CERTIORARI: Certiorari granted, but Question Presented rephrased. (87-6700) 103 Certiorari granted and expedited briefing schedule set. (89-322: 89-393; 89-542; 89-453; 89-535; 89-700; 89-5691) 286, 287, 288 Certiorari granted and parties directed to brief and argue additional question. (89-7024; 89-7370) 698, 747

Leave to file copies of petition and appendix separately

and out-of-time denied. (No. ) 358 Motion to defer granted; certiorari dismissed by parties on June 20, 1990. (89-579) 505 Pro se petition granted, vacated and remanded. See order. (89-486) 446 Pro se petition granted (89-5900); counsel appointed; motion of counsel to withdraw granted, remanded to CA8 507, 543, 719 Pro se petition granted and case remanded in light of position presently asserted by Solicitor General in his brief (89-1040); incarcerated petitioner allowed to dispense with printing 505, 541 V

CERTIORARI - Continued paRe Rule 12.4 petition granted. (89-386) 144 Stay granted (A-452; A-503). Certiorari granted 284, 327

COSTS:

Leave granted to proceed in forma pauperis without a

notarized affidavit. (No. ; No. ; No. ;

No. ) 284, 358, 745 Motion for attorney's fees granted and CA to determine fee. (87-1045; 87-1065; 87-1720) 101, 126 Motion for award of attorney's fees without prejudice. (88-243; 89-711) 429, 543 Motion for reimbursement of travel expenses for Court appointed attorney granted. (89-5900) 771 Motion to retax costs denied. (87-1387; 89-532) 2, 697 Motion to retax costs granted. (89-1622; 89-1697; 89-1711; 89-401) 101, 329 JUDGMENTS, MANDATES AND OPINIONS: Case summarily remanded to CA2 in light of position presently asserted by the Solicitor General. Opinion per curiam. (89-6985) 769 Judgment affirmed by equally divided Court. Opinion per curiam. (88-1640) 193 Judgment of CA vacated; decision of USDC with respect to Title 7 claims vacated and case remanded to CA. (88-334) 499 Orders of Court released after opinions announced 358 Writ of certiorari dismissed for want of jurisdiction in signed opinion of Court. (88-7146) 591 Writ of certiorari dismissed as improvidently granted. Opinion per curiam. (88-928) 125 MISCELLANEOUS: Motion to certify question of law to state court denied. (87-6700) 222

ORIGINAL CASES: 8 Orig. — Motion to reopen decree granted. Special Master appointed 101, 215 65 Orig. — Fees and expenses awarded River Master; fees and expenses of Special Master ap-

I proved; joint motion for entry of stipulated judgment granted 2, 141, 359, 429 VI

ORIGINAL CASES -Continued Pa?e

74 Orig. — Exceptions to Report of Special Master set for oral argument in due course; leave granted

to file rebuttal brief; case argued; accounting of Special Master approved and Special Master discharged; opinion announced, no costs allowed 2, 200, 284, 322, 359, 786 108 Orig. — Third motion of Special Master for fees and expenses granted 222 109 Orig. — Interim Report of Special Master filed, fees and expenses awarded 141, 697 111 Orig. — Leave to intervene referred to Special Master; leave to file amended complaint referred to Special Master 126, 142 116 Orig. — Leave to file bill of complaint denied 623 PARTIES: Leave to substitute parties granted. (88-1323; 88- 1480) 285, 329 RECORDS:

Leave to supplement record granted. (88-2018) 272 REHEARINGS:

Respondent invited to file response to petition for rehearing within thirty days, stay of execution of sentence of death granted. (89-6324) (Death sentence later commuted) 837 RULES: Rules of Criminal Procedure amended 615 Rules of Evidence amended 375 Rules of Procedure for Trial of Misdemeanors before U. S. Magistrates abrogated 615

STAYS:

Application to vacate stay of execution granted, opinion per curiam. (A-795; A-857) 621,693 Stay of execution granted; certiorari denied. (89-6213; 89-6785; 89-7005) 381, 463, 486, 506 Stay granted (A-452); certiorari granted. (89-1279 513 559, 284, 526 VII

CONCLUSION: paPe

Call of calendar suspended except for hearing of Flag Cases on May 14, 1990 586 Closing remarks by Chief Justice on June 27, 1990, orders to be released June 28, 1990 792 Last orders of Term entered September 21, 1990 917

(JOURNAL) MONDAY, OCTOBER 2, 1989 1 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1988 Term of the Supreme Court of the United States is now closed and that the October 1989 Term is now convened. Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals— Summary Disposition

No. 88-1891. M & M Construction Company, Inc., Appellant v. Great American Insurance Company. Appeal from the Court of Appeals of Texas, Thirteenth 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. 88-7460. Owen W. Crumpacker, Appellant v. Indiana, et al. Ap- peal from the Supreme Court of Indiana. 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. 88-1770. Westinghouse Electric Corporation, Petitioner v. Equal Employment Opportunity Commission. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit.

The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Public Employees Retirement System of Ohio v. Betts, 492 U. S. (1989).

No. 88-2034. George F. Denton, et al., Petitioners v. Mike Her- nandez. 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 Xeitzke v. Williams, 490 U. S. (1989). 2 MONDAY. OCTOBER 2. 1989

No. 88-7343. Forrest G. English, et al., Petitioners v. Donald Siddens, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh 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 Seventh Circuit for further consideration in light of Reed v. United Transporation Union, 488 U. S. (1989).

Orders in Pending Cases

No. — . Robert V. Posey, Petitioner v. Department of the Air Force. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Abraham T. Yang, Petitioner v. Daniel J. McCarthy. The motion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The motion of the River Master for approval of fees and expenses is granted and the River Master is awarded $4,313.43 for the period April 1 - June 30, 1989, to be paid equally by the parties.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. The Exceptions to the Report of the Special Master are set for oral argument in due course.

No. 87-1387. Wards Cove Packing Company, Inc., et al., Petitioners v. Frank Atonio, et al. The motion of respondents to retax costs is denied.

No. 87-2048. Texaco, Inc., Petitioner v. Ricky Hasbrouck, dba

Rick's Texaco, et al. The motion of National Coalition of Petroleum

Retailers for leave to file a brief as amicus curiae is granted.

No. 88-790. Bernard J. Turnock, et al, Appellants v. Richard M.

Ragsdale, et al. The motion of Alan Ernest for leave to represent children unborn and born alive is denied. The motion of Legal Defense for

Unborn Children for leave to file a brief as amicus curiae is denied. The motion of Larry Joyce for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied. Justice Stevens took no part in the consideration or decision of these motions.

No. 88-805. Ohio, Appellant v. Akron Center for Reproductive

Health, et al. The motion of Alan Ernest for leave to represent children unborn and born alive is denied. The motion of Legal Defense for Un- MONDAY. OCTOBER 2. 1989 3 born Children for leave to file a brief as amicus curiae is denied. The motion of James Joseph Lynch, Jr., for leave to file a brief as amicus curiae is denied.

No. 88-870. Nicholas Longo and Edward Fagan, Petitioners v.

United States, et al. The motion of petitioners for leave to file a reply brief, out-of-time, is granted.

No. 88-931. Lawrence H. Crandon, et al. Petitioners v. United States; and

No. 88-938. Boeing Company, Inc., Petitioner v. United States. The motion of petitioners for divided argument is granted.

No. 88-1125. Jane Hodgson, et al, Petitioners v. Minnesota, et al. The motion of Alan Ernest for leave to represent children unborn and born alive is denied. The motion of Legal Defense for Unborn Children for leave to file a brief as amicus curiae is denied.

No. 88-1400. Franchise Tax Board of California, et al., Petitioners v.

Alcan Aluminium Limited, et al. The motion of respondents for divided argument is denied.

No. 88-1474. United States, Petitioner v. Goodyear Tire and Rubber Company and Affiliates. The motion of Vulcan Materials Company for leave to file a brief as amicus curiae is granted.

No. 88-1775, Gary E. Peel, Petitioner v. Attorney Registration and Disciplinary Commission of Illinois. The motion of Academy of Certified

Trial Lawyers of Minnesota for leave to file a brief as amicus curiae is granted. The motion of American Advertising Federation, Inc. for leave to file a brief as amicus curiae is granted. The motion of Public

Citizen for leave to file a brief as amicus curiae is granted. The motion of Association of Trial Lawyers of America, et al. for leave to file a brief as amici curiae is granted. The motion of Association of National Ad- vertisers, Inc. for leave to file a brief as amicus curiae is granted. The motion of Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted.

No. 88-1958. Supreme Beef Processors, Inc., Petitioner v. Robert

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

No. 88-2009. Altheus Richardson, et al., Petitioners v. United Steel

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

No. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al.

The Solicitor General is invited to file a brief in this case expressing the views of the United States. 4 MONDAY, OCTOBER 2, 1989

No. 88-2062. Patricia Cotton, etc., Petitioner v. Patrick Babcock, Director, Michigan Department of Social Services. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States.

No. 88-2109. Kansas and Missouri, etc. Petitioners v. Kansas Power & Light Company, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 88-2117. Income Security Corporation, Inc., et al., Petitioners v.

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

No. 89-46. Patricia M. Wood, et al., Petitioners v. General Motors

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

No. 89-56. Nancy Allevato, Personal Representative of the Estate of

Michael J. Ferrantino, Sr., Deceased, et al., Petitioners v. Counties of Oakland and Macomb, Michigan;

No. 89-79. City of Detroit, Petitioner v. County of Oakland and County of Macomb; and

No. 89-101. Coleman A. Young, Mayor of the City of Detroit, Peti- tioner v. Counties of Oakland and Macomb. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 88-6075. Darryl James, Petitioner v. Illinois. The motion of petitioner for leave to file a reply brief, out of-time, is granted. No. 88-7146. Jonas H. Whitmore, individually and as next friend of

Ronald Gene Simmons, Petitioner v. Arkansas, et al. The motion for appointment of counsel is granted and it is ordered that Arthur L. Al- len, Esquire, of Little Rock, Arkansas, is appointed to serve as counsel for the petitioner in this case.

No. 88-7309. Kathy Nollsch, Petitioner v. Wyoming. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. MONDAY. OCTOBER 2. 1989 5

No. 88-7487. Juergen Stengel, Petitioner v. California. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 88-7322. Karl Stumpf, Petitioner v. Commissioner, Internal Revenue Service. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 88-7356. John C. Carr, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

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

No. 88-7583. Ronald J. Roche, Petitioner v. United States Postal Service. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 88-7381. William George Bonin, Petitioner v. California. The motion of petitioner for leave to file an amendment to the petition for a writ of certiorari is granted. 6 MONDAY, OCTOBER 2. 1989

No. 88-7626. Juan Bautista Rivera, Petitioner v. Oroweat Foods Company, Inc., et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-5159. Thomas J. Malone, Petitioner v. Shelby County Board of Education, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-5333. Felton Joshua, Sr., et ux., Petitioners v. Sally N. New- ell, Foster Home Licensor, Department of Social and Health Services, et al. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until October 23, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-127. Philip Randy Castiglione, Petitioner v. United States. The application for stay addressed to Justice Scalia and referred to the Court is denied.

No. 89-352. Maurice Silverstein, Petitioner v. New York. The application for stay addressed to Justice Marshall and referred to the Court is denied.

Certiorari Granted

No. 88-1725. Juan Francisco Venegas, Petitioner v. Michael R. Mitchell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. MONDAY. OCTOBER 2. 1989 7

No. 88-1897. Michigan Department of State Police, et al., Petitioners

v. Rick Sitz, et al. Petition for writ of certiorari to the Court of Appeals of Michigan granted.

No. 88-1905. Eddie Keller, et al., Petitioners v. State Bar of Cali-

fornia, et al. Petition for writ of certiorari to the Supreme Court of California granted.

No. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. Petition for writ of certiorari to the Supreme Court of Minnesota granted.

No. 88-1943. Office of Personnel Management, Petitioner v. Charles Richmond. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted.

No. 88-1951. United States, Petitioner v. Frances L. Dalm. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 88-1993. Robert A. Butterworth, Jr., Attorney General of Flor-

ida, et al., Petitioners v. Michael Smith. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 88-2031. United States, Petitioner v. Marsha B. Kokinda, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 88-2102. James Stewart, et al., Petitioners v. Sheldon Abend, dba Authors Research Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 88-2123. Department of the Treasury, Internal Revenue Serv- ice, Petitioner v. Federal Labor Relations Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 89-44. Dennis Burnham, Petitioner v. Superior Court of Califor- nia, County of Marin (Francie Burnham, Real Party in Interest). Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, granted.

No. 89-65. Fort Stewart Schools, Petitioner v. Federal Labor Rela- tions Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 89-163. United States, Petitioner v. Guadalupe Montalvo- Murillo. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 88-1281. Alex Ngiraingas, et al., Petitioners v. Francisco Q. Sanchez, etc., et al. Petition for writ of certiorari to the United States 8 MONDAY. OCTOBER 2. 1989

Court of Appeals for the Ninth Circuit granted. Justice Kennedy took no part in the consideration or decision of this petition.

No. 88-1671. United States Department of Labor, Petitioner v.

George R. Triplett, et al.; and No. 88-1688. Committee on Legal Ethics of the West Virginia State

Bar, Petitioner v. George R. Triplett, et al. Petitions for writs of certiorari to the Supreme Court of Appeals of West Virginia granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 88-1872. Cynthia Rutan, et al., Petitioners v. Republican Party of Illinois, et al.; and

No. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan, et al. The motion of Independent Voters of Illinois Independent Precinct

Organization, et al. for leave to file a brief as amici curiae in No. 88-1872 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 88-1932. United States, Petitioner v. German Munoz Flores. 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. In addressing the justiciability issues presented in this case, the parties are requested to brief the applicability of the political question doctrine.

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, granted.

No. 89-156. Pennsylvania Department of Public Welfare, et al., Peti- tioners v. Edward J. Davenport, et ux. 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. 88-2035. Adams Fruit Company, Inc., Petitioner v. Ramsford Barrett, et al. The motion of National Council of Self-Insurers for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 88-2043. Gerald L. Baliles, Governor of Virginia, et al, Petition- ers v. Virginia Hospital Association. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Question 1 presented by the petition. MONDAY. OCTOBER 2. 1989 9

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Arizona granted.

Certiorari Denied

No. 88-1635. Tommie Jean Truesdale, Petitioner v. University of North Carolina, et al. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 88-1637. Stephen Dalsheim, Superintendent, Downstate Correc-

tional Facility, et al., Petitioners v. James Innes. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1639. Mitchell C. Macks, Petitioner v. Samuel Wernick. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied.

No. 88-1647. Larry L. McKinnon, Petitioner v. City of Berwyn,

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

No. 88-1677. Ronnie 0. Kitchens, et al., Petitioners v. Oregon, etc. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 88-1680. Rikki Venemon, et al, Petitioners v. Harry Louis Davison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1698. Phelps Dodge Corporation, Petitioner v. United Steel- workers of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1708. Spawr Optical Research, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1710. Thomas H. Greene, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1713. Charles William O'Brien, Petitioner v. Jacob K. Stein,

et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 88-1723. Archer-Daniels-Midland Company, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 10 MONDAY. OCTOBER 2. 1989

No. 88-1735. Billy Ray Apperson, Petitioner v. Fleet Carrier Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1737. Elmer R. Barbee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 88-1764. Monte Lee Post, Petitioner v. Luis Garcia, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth .Circuit denied.

No. 88-1783. Frank Asta, et al., Petitioners v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 88-1789. H. J. Freede, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 88-1797. Goethe House New York, German Cultural Center,

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. 88-1806. Land Air Delivery, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 88-1808. Richard D. Bushman and Robert L. Bushman, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-1826. John G. Barrow, Jr., Petitioner v. Richard L. King, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1828. Berklee College of Music, Petitioner, v. Berklee Chap- ter of the Massachusetts Federation of Teachers, Local 4412, AFT, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-1832. James Paul Doherty, Petitioner v. Southern College of Optometry. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1842. Oscar Porcelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1848. General Motors Corporation, Petitioner v. Arlie Glen

Skelton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. OCTOBER 2. 1989 11

No. 88-1850. Seventy-Two Thousand Nine Hundred Forty Dollars in

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

No. 88-1852. Bradley Facilities, Inc., Petitioner v. J. William Burns, Commissioner of Transportation of Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 88-1858. Dexter Drake Coffin, III, Petitioner v. Edward W.

Murray, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-1859. Jerrald M. Johnson, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-1860. Ping L. Ku, Petitioner v. Allied-Signal, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-1863. Cristobal G. Cuellar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 88-1864. William J. Kelley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 88-1866. George McNabb, Petitioner v. Lauro F. Cavazos, Sec- retary of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 88-1870. Bob Bullock, Comptroller of Public Accounts of Texas,

Petitioner v. Oppenheim, Appel, Dixon & Co. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 88-1871. Atchison, Topeka and Sante Fe Railway Company, Pe- titioner v. Larry V. Brown. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh District, denied.

No. 88-1873. Borough of East Conemaugh, et al., Petitioners v. Eastern Telecom Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 88-1875. Steven Catalanotte, aka Steven Catalonotte, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. 12 MONDAY. OCTOBER 2. 1989

No. 88-1880. Meekins, Inc., Petitioner v. Laborers' Health and Wel- fare Fund for Southern California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1881. Anthony Indelicato, Petitioner v. United States; and

Anthony Indelicato, Petitioner v. United States;

No. 88-2060. Anthony Salerno, et al, Petitioners v. United States;

No. 88-2061. Carmine Persico and Gennaro Langella, Petitioners v. United States; and

No. '88-2071. Ralph Scopo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1883. Aetna Life Insurance Company, Petitioner v. Francisco

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

No. 88-1886. Johnnie Gilbert, et al, Petitioners v. City of Little Rock, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-1887. William N. Hutchinson, Jr., Petitioner v. McDonald's Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 88-1890. Howard L. Beyer, Administrator, New Jersey State

Prison, et al., Petitioners v. John Michael Humanik, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-1892. Operating Engineers Pension Trust, et al., Petitioners v. Thomas G. Daniel, dba Consolidated Concrete Pumping. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1893. Gail Marie King, Petitioner v. United States;

No. 88-7305. Randall William Fowler, Petitioner v. United States; and

No. 88-7310. Norman Bradley Fowler, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 88-1894. Jay Louis Gibson and Allen N. Brunwasser, Petitioners v. United States, et al; and United States, ex rel. Jay Gibson, Peti- tioner v. Darren Wolpert. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY. OCTOBER 2. 1989 13

No. 88-1895. Mark C. Smith, III, et al., Petitioners v. Federal Sav- ings and Loan Insurance Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-1896. Dorsey Dunton and Dick J. Fletcher, Petitioners v.

United Association of Journeymen and Apprentices, etc., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 88-1898. Byron B. Reece, et al., Petitioners v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 88-1900. Andrea Dworkin, Petitioner v. Hustler Magazine, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1902. Gary Marositz, et al., Petitioners v. International

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

No. 88-1904. Walker Towing Corporation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1906. Simon Nash, Petitioner v. Louis W. Sullivan, 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. 88-1909. CSX Corporation, et al., Petitioners v. Folkstone Mari- time, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-1910. Daniel H. Overmyer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1913. Albert J. Smith, Jr., et al., Petitioners v. City of Brenham, Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-1914. Milton Osborne, Jr., Petitioner v. Jesse N. Stone, Jr.,

Individually and as President, Southern University System, et al. Peti- tion for writ of certiorari to the Court of Appeal of Louisiana, First Cir- cuit, denied.

No. 88-1917. Joan Danielson, Petitioner v. Bank of America, NT & SA, et al. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, First Appellate District, denied. 14 MONDAY. OCTOBER 2. 1989

No. 88-1918. Louisiana Society of Independant Accountants, et al.,

Petitioners v. Louisiana, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 88-1919. City of Hawthorne, et al., Petitioners v. Earl Wright, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1920. Aquarian Foundation, et al., Petitioners v. Law Offices of Edwards and Barbieri. Petition for writ of certiorari to the Court of

Appeals of Washington, Division 1, denied.

No. 88-1921. Frank Morgan, Petitioner v. Dennis Whitt, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1922. Schering Corporation, Petitioner v. Optical Radiation Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 88-1923. Citizens of Illinois, Petitioner v. United States Nuclear

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

No. 88-1924. Edward LaMon, et ux., Petitioners v. Betty Butler, et al. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 88-1926. Richard M. Eldredge, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 88-1927. Donald L. Erickson, Petitioner v. City of Webster Groves. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Eastern District, denied.

No. 88-1928. Steven A. Tyler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 88-1930. Martin D. Martinez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 88-1933. James N. Constant, Petitioner v. Advanced Micro-

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

No. 88-1936. Newell Companies, Inc., Petitioner v. Kenney Manu- facturing Co. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, OCTOBER 2, 1989 15

No. 88-1939. New England Newspapers, Inc., dba The Pawtucket

Evening Times, Petitioner v. Paul J. M. Healey. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. No. 88-1940. Signa Development Corporation, fka Signa Invest- ments, Inc., Petitioner v. Fayette County, Georgia, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 88-1944. Hamid Arzanipour, Petitioner v. Immigration and Nat- uralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-1945. Atlas Paper Box Company, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1946. Geraldine Templin, Petitioner v. Lynnette R.

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

No. 88-1947. Intertribal Council of Nevada, Inc., Petitioner v.

Manuel Lujan, Jr., Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1948. Thomas J. Lipton, Inc. and Kraft, Inc., Petitioners v. R. C. Bigelow, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 88-1950. Florida Department of Highway Safety and Motor

Vehicles, et al., Petitioners v. Myra Holladay Sims, et al.; and

No. 89-19. Myra Holladay Sims, et al., Petitioners v. Florida Depart- ment of Highway Safety and Motor Vehicles, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1953. John T. Atkinson, Jr., et al., Petitioners v. General Electric Capital Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1954. Patricia Ann Stache, Petitioner v. International Union of Bricklayers and Allied Craftsmen, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1955. Kemper Baker Crabb, Jr., et al., Petitioners v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 88-1957. John G. Barrow, Jr., Petitioner v. Carl Markel, Clerk, Circuit Court of Florida, St. Johns County. Petition for writ of certio- 16 MONDAY. OCTOBER 2. 1989 rari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1959. Melvin A. Heller and Jerrold L. Morris, Petitioners v. Illinois Attorney Registration and Disciplinary Commission. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 88-1961. John G. Barrow, Jr., Petitioner v. American Telephone & Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1962. East Texas Steel Facilities, Inc., Petitioner v. Manuel Lujan, Jr., Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-1963. Ben W. Beazley, Petitioner v. Merrill Lynch Futures, Inc., fka Merrill Lynch Commodities, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1964. Earlene Polyak, Petitioner v. Jim Hamilton, Judge, Chancery and Circuit Courts of Lawrence County. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 88-1965. Patricia Thompson, et vir, Petitioners v. City of Cov- ington, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 88-1966. Patrick M. Zill, Petitioner v. Avis Rent-A-Car Sys- tems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1968. Walter J. Moeller, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-1970. Burning Tree Club, Inc., et al., Petitioners v. Mary- land, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 88-1971. Nicholas Neu, Petitioner v. James P. Corcoran, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1973. John G. Barrow, Jr., Petitioner v. Joseph Balkcom, Farmers Home Administration, Director, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1974. John G. Barrow, Jr., Petitioner v. Jim Bishop, Jr., Tax Collector. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. .

MONDAY. OCTOBER 2. 1989 17

No. 88-1976. John G. Barrow, Jr., Petitioner v. Unifinancial Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1977. The Bible Speaks, Inc., Petitioner v. Elizabeth Dovydenas. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-1978. Donald E. Tyler, Petitioner v. Hartford Insurance

Group, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 88-1979. James N. Fleming, Petitioner v. W. Bedford Moore,

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

No. 88-1980. John G. Barrow, Jr., Petitioner v. Winifred S. Hill, Tax Collector, St. Johns County, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1983. Robert Davis, et al, Petitioners r. First National Bank of Westville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-1984. San Francisco Police Officers Association, et al., Peti- tioners v. City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1985. Margaret Hudson, Petitioner v. National Railroad Pas- senger Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1986. Borden, Inc., Petitioner v. Affiliated FM Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1988. Morton M. Lapides, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-1989. Ronald Caldeira, Petitioner i>. County of Kauai, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1991. William Dykens, Petitioner v. Eastern Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-1992. Alcolac, Inc., Petitioner v. Betty Elam, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western Dis- trict, denied. 18 MONDAY. OCTOBER 2. 1989

No. 88-1994. John G. Barrow, Jr., Petitioner v. T. Buckingham Bird, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1995. John G. Barrow, Jr., Petitioner v. Vernon Douglas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1996. Robert Damino, Petitioner v. Martin C. Barrell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1997. Brooks Gregory Davis, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1998. Gary L. LaGore, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 88-1999. Willie L. Harris, et ux., Petitioners v. Steelweld Equipment Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2001. Randall Silver, et ux., Individually and as parents and next of kin of Michael R. Silver, Deceased, minor child, Petitioners v. Farmers and Merchants Insurance Company. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 88-2002. Emma F. Gilmere, Individually and as Administratrix of the Estate of Thomas Patillo, etc., Petitioner v. City of Atlanta,

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

No. 88-2003. Mark Rollinson and Edmund S. Barnett, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-2004. Robert M. Adler, Petitioner v. United States; and

No. 88-7439. Edward Heller, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-2005. Ramon Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 88-2006. International Union, United Automobile, Aerospace and Agricultural Implement Workers, etc., et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 2. 1989 19

No. 88-2007. Ricardo J. Bordallo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-2008. Anthony Rish, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 88-2010. Robert William Roy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-2011. Nathan Wechsler, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-2012. Joseph L. Lamontagne, Petitioner v. Pension Plan of the United Wire, Metal & Machine Pension Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2013. Charles Agee Atkins and William S. Hack, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2014. Austin Products Company, et al., Petitioners v. Work- ers' Compensation Insurers Rating Association of Minnesota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2015. Olympia Roofing Company, et al., Petitioners v.

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

No. 88-2016. Olympia Roofing Company, et al., Petitioners v.

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

No. 88-2017. M/V Litsa (Ex Laurie U), In Rem, Petitioner v. South- eastern Maritime Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-2020. Otis Hindman, Petitioner v. City of Paris, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2021. Ivan Quinones and Hector Casanovas, Petitioners v. Jose Lema-Moya, Secretary of Education of Puerto Rico, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 20 MONDAY. OCTOBER 2. 1989

No. 88-2022. 20 Acres of Land, More or Less, in Eddy County, New

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

No. 88-2024. Albert N. Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-2025. Rondalee H. King, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 88-2026. Clement J. Pacyna, Petitioner v. John O. Marsh, Jr., Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2027. WJW-TV, Inc., Petitioner v. City of Cleveland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2028. Eddie Thompson, Jr., Petitioner v. Raymond E. Lape, Jr., Judge, Kenton Circuit Court. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 88-2029. Robert Paetz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 88-2030. Richard Lisa, et ux., Petitioners v. Fournier Marine

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

No. 88-2032. Nicholas H. Morley, 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. 88-2033. Pete Roberts, Petitioner v. Sun Exploration and Pro- duction Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-2036. City of Everett, Massachusetts, et al., Petitioners v.

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

No. 88-2037. Linda Sewell, Petitioner v. Jefferson Fiscal Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2038. Melvin Allen Liverman, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. MONDAY. OCTOBER 2. 1989 21

No. 88-2039. Frances B. Morris, Petitioner v. First National Bank of

Morgantown, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 88-2040. Galen Nelson, Petitioner v. Jefferson County, Ken- tucky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2042. Helen Page Norton, etc., et al., Petitioners v. Ruste

Durnell Bridges, Deceased, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied.

No. 88-2044. Missouri Coalition for the Environment, et al., Peti- tioners v. Corps of Engineers of the United States Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2045. Guy Grider, Petitioner v. Texas Oil and Gas Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-2046. Kessel Food Markets, Inc., Petitioner v. National

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

T No. 88-2047. Axelson, Inc., Petitioner v. Cameron Iron W orks, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 88-2048. Garland W. Farnsworth, et al, Petitioners v. City of

Kansas City, Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2049. Employers Insurance of Wausau, etc., Petitioner v.

Avondale Shipyards, Inc., et al.; and

No. 88-2052. Occidental Petroleum Corporation, et al., Petitioners v.

Avondale Shipyards, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2050. Chicago Title Insurance Company, et al., Petitioners v.

Tucson Unified School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-2051. Longview Fibre Company, Petitioner r. Jeannette Paper Company. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 88-2053. Stephen Traitz, Jr., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 22 MONDAY. OCTOBER 2. 1989

No. 88-2054. Charles Clay Smith, Sr., Petitioner v. Louis W. Sulli- van, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2055. Anthony M. Rizzi, Petitioner v. Blue Cross of Southern California. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District, denied.

No. 88-2056. C. D. DiGiambattista, Petitioner v. Jeremiah J. Sulli- van, Former Judge, Middlesex County, Massachusetts Probate Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-2057. Alexander G. Hornak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2058. Presidio Valley Farmers Association, et al., Petitioners v. Amado Salazar-Calderon, et al.; and

No. 88-2086. Amado Salazar-Calderon, et al., Petitioners v. Presidio Valley Farmers Association, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2059. Robert R. Kaufman, Petitioner v. New York City Employees Retirement System. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2064. Delta Air Lines, Inc., Petitioner v. Air Line Pilots

Association, International, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-2065. Edward E. Romp, Petitioner i>. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2066. Joseph Urbanik, et ux., Petitioners v. City of Buffalo, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 88-2067. Richard E. Leach, Petitioner v. Jefferson Parish Hospi- tal District No. 2, dba East Jefferson General Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2069. Clifford Trekas, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, OCTOBER 2, 1989 23

No. 88-2072. Danny L. Milburn, Petitioner v. Hawkeye Bank & Trust N.A. of Centerville-Seymour, etc. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 88-2073. John W. McGowan, Petitioner v. Department of Envi- ronmental Quality of Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 88-2075. Guadalupe R. Hinojosa, Petitioner v. City of Terrell,

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

No. 88-2076. Arlene B. Singer, et al., Petitioners v. Shannon & Luchs Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-2077. John Edward Harris, et al., Petitioners v. Texas; and

Patricia Fay Murphy, Petitioner v. Texas; and Charles Dale Reed v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Sixth District, denied.

No. 88-2078. John G. Barrow, Jr., Petitioner v. N. G. Lund and David Page, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-2080. Bokum Resources Corporation, Petitioner v. Long Island Lighting Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-2081. John Robert Boone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2082. Charles R. Christianson, et al., Petitioners v. Colt Industries Operating Corp. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-2083. Lincoln Homes, Inc., et al., Petitioners v. Federal Sav- ings and Loan Insurance Corporation, as Receiver for First Southern Savings Association of Jackson County, Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2084. Paul J. Azar, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 88-2087. National Automatic Products Co., Petitioner v. Ameri- can Airlines, Inc. (Ex-Cell-0 Corporation, Real Party in Interest). Petition for wrir of certiorari to the Supreme Court of Oklahoma denied. 24 MONDAY. OCTOBER 2. 1989

No. 88-2089. Olympia Roofing Company, et al.. Petitioners v. C. Ellis Henican, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 88-2090. Don C. Wilson, et al., Petitioners v. George Deukmejian, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 88-2091. Achilles Construction Company, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2093. Richardson Engineering Company, Petitioner v. Wil- liam L. Crow Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-2094. Herschel L. Fagan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 88-2095. Axis, S.p.A., Petitioner v. Micafil, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2096. Robert J. Bolton, et al, Petitioners v. Tesoro Petro- leum Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2097. Steve Goodman, dba Surefit Dental Lab and Steven's

Dental Lab, Petitioner v. Kentucky Board of Dentistry. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 88-2099. Jugometal Enterprise for Import and Export of Ores and Metals, Petitioner v. Marcus Irving, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2100. Thomas Joseph Dufon, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 88-2101. Walter F. Wessendorf, Jr., Petitioner v. Supreme

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

No. 88-2103. Adam John, Petitioner v. Connecticut; and

No. 89-5025. Erich Seebeck, Petitioner v. Connecticut. Petitions for writs of certiorari to the Supreme Court of Connecticut denied. MONDAY. OCTOBER 2. 1989 25

No. 88-2104. Medics Pharmaceutical Corporation, Petitioner v. Carol Lynn Newman. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 88-2105. Thomas J. Durkin, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-2106. David Rosenberg, Petitioner v. Comerica Bank. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2108. Albert A. Simay, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-2110. City of Macon, Georgia, Petitioner v. Pasco Building

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

No. 88-2111. Rodney F. Stich, Petitioner v. William Jensen, Judge,

Superior Court of Solano County, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-2113. Darrell Johnson, Petitioner v. Vincent Williams-El. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2114. Timothy J. Burke, Jr., Petitioner v. City of Boston, et al. Petition for writ of certiorari to the Court of Appeals of Massachu- setts denied.

No. 88-2115. Lazar Levitin, Individually and as General Partner of Ocean Parkway Medical Building, Petitioner v. Semyon Pomirchy, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 88-2116. Donald Edgar Johnson, Petitioner v. Richard Gordon

Johnson, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 88-2118. Marvin Solomon and Morton Weiman, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-2119. Eugene Meyer, et al., Petitioners v. Timothy D. Bar- nes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 26 MONDAY. OCTOBER 2. 1989

No. 88-2120. Edward Merrill, et al., Petitioners v. Boyer August. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 88-2121. Lawrence Allen Fassler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-2124. Jose S. DeLeon, et ux., Petitioners v. St. Joseph Hospi- tal, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 88-2125. Larry McDonald, Trustee of Loyer Educational Trust,

Petitioner v. Wayne County Road Commission, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 88-2126. Robert Murray Collins, et al., Petitioners v. Mansel J. LaFleur; and

No. 89-164. Bo-Mick Construction Co., Inc., Petitioner v. Mansel J. LaFleur. Petitions for writs of certiorari to the Supreme Court of Loui- siana denied.

No. 88-2127. Fred H. Vahlsing, Jr., Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 88-2128. Rosetta N. Davis, et al., Petitioners v. Tennessee

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

No. 88-2131. Georgia, Petitioner v. Michael Smith. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 88-2132. Local Union No. 5741, United Mine Workers of Amer- ica, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-2135. Glen Avinger, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 88-2136. John G. Barrow, Jr., Petitioner v. Jack Reed, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-2138. Ileene Gray, etc., Petitioner v. Harry Roth, etc. Peti- tion for writ of certiorari to the Court of Appeals of Iowa denied.

No. 88-2139. Manville Sales Corporation, Petitioner v. AT&T Tech- nologies, Inc. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. MONDAY. OCTOBER 2, 1989 27

No. 88-2140. Glen Oswin Hancock, Petitioner v. City of Davenport, et al. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 88-2141. Harvey H. Toda, Petitioner v. City and County of Honolulu. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-6821. Henry Thomas, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 88-6834. Melvin Daniels, Petitioner v. Arthur Tate, Jr., Super- intendent, Chillicothe Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-6845. Landon Ray Warmsley, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, 11th Supreme Judicial District, denied.

No. 88-6850. Gerald J. Streeter, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-6856. Derrek Quintero, Petitioner v. Texas; and James

Blanton, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied.

No. 88-6872. Philip Frazier, Petitioner v. Joseph Ryan, Superintend- ent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-6895. Arnold Ray Heightland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-6898. John Pasquale Antonelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-6909. Joseph M. Walls, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 88-6911. Nestor Alonso Ortiz-Balcazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-6914. Frances Ann Mitchell, Petitioner v. California; and

Frances Ann Mitchell, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of California, Los Angeles County, denied. 28 MONDAY. OCTOBER 2. 1989

No. 88-6936. Ronald Leroy Howard, Petitioner v. Matthew P. Bangs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-6960. Duane Eugene Owen, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 88-6970. Darrell D. Prows, Petitioner v. Thelma Black, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-6976. Todd Andrew Woolworth, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 88-6978. Thomas Alvin Connell, Petitioner v. Jerry Wade, Superintendent, Hendry Correctional Institution at Immakolee, Flor- ida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 88-6980. Ernest Kristopher Brown and Linda Charline Brown,

Petitioners v. Richrd L. Dugger, Secretary, Florida Department of

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

No. 88-7020. George Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7029. Danny Michael Weeks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7044. Juan Lara, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 88-7048. Jorge B. Castillo, Petitioner v. Jim Bowles, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7050. Nasib Ed Kalliel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7089. Tom Sullivan Roberson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7101. Anthony Neil Jim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 2. 1989 29

No. 88-7104. Charles Wesley Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7109. Howard Dean Rouse, Petitioner v. Iowa. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 88-7118. Eugene Keith Sulie, Petitioner v. Jack Duckworth, Superintendent, Indiana State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7119. Gerald Mramor, Petitioner v. Norris McMackin, Super- intendent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7137. Tyrone Jack, Petitioner v. Hilton Butler, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7139. Kriss L. Stutzman, Petitioner v. Board of Education of the City of Chicago, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 88-7145. Sherman Morissette, Petitioner v. Gerrylen Brown. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7158. Jerry Selby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7160. Eric John Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7190. John M. Ferenc, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 88-7204. Charles H. Kerkman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7212. Lloyd M. Emond, Petitioner v. United States;

No. 88-7316. Joseph P. Gorman, Petitioner v. United States;

No. 88-7373. Norbert E. Stelten, Petitioner v. United States;

No. 88-7393. Audrey J. Hawley, Petitioner v. United States; and 30 MONDAY. OCTOBER 2. 1989

No. 88-7544. Robert A. Hawley, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7214. Vincent Frank Silvaggio, 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. 88-7218. Jose Nieves Correa, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 88-7224. Luther James Gray, Petitioner v. Lonnie Edwards,

Superintendent, Halifax Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7226. Frank Armenia, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7227. James Neal Kinslow, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7228. Gustavo Holguin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 88-7229. Melvin Smith, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7231. James Luther Hill, Petitioner v. Tommy C. Martin, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7234. Robin Laster, Petitioner v. Star Rental, Inc. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 88-7236. Roberto Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7239. Wilburn Clark, Sr., Petitioner v. Eddie Ylst, Superin- tendent, California Medical Facility. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 2. 1989 31

No. 88-7241. Bruce J. Carr, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 88-7244. Steve Fafowora aka Olatunde Fafowora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-7245. Joe Edward Johnson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 88-7250. Albert Louis Howard, Petitioner v. Calvin Cassidy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7251. David Earl Jones, Petitioner v. Supreme Court of Ala- bama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 88-7252. Samuel Lee Oliver, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7254. Helene Z. Morales, Petitioner v. Pan American World Airways, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7257. Robert Breest, Petitioner v. Michael Cunningham, Warden. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7259. Robert Norris Cochran, Petitioner v. Don Butts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7261. Nina J. Lechiara, Petitioner v. Gary M. Gaskins, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 88-7262. Jackson Rip Holmes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7263. John Robert Demos, Jr., Petitioner v. United States District Court for the Eastern District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7266. Gustavo Garcia-Patron and Alvaro Posada Naves, Peti- tioners v. United States; and 32 MONDAY. OCTOBER 2. 1989

No. 88-7442. Wynford Taylor-Walton, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7271. John G. Savers, Petitioner v. James A. Baker, III, Sec- retary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7274. Ronnie Lee Alston, Petitioner v. C. R. Edwards. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7276. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 88-7277. Fred B. Welch, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7278. James M. Devine, Petitioner v. The Herald-Mail Com- pany. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 88-7279. Donald R. Fields, Petitioner v. Paul W. Danahy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7282. Landon Ray Warmsley, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh Dis- trict, denied.

No. 88-7283. Robert Blair Shaffer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7284. Andrew Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 88-7285. Scarlett McDaniel Barts, Petitioner v. Mike Joyner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7286. Rosa M. Brown, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 88-7287. Levert K. Griffin, Petitioner v. Thomas Stutler, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 2. 1989 33

No. 88-7290. Wadress H. Metoyer, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 88-7291. Jerry Lewis Thomas, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7292. David Negron, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 88-7297. Bobby David Green, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7298. Leo Jackson and Lewis Bush, Petitioners v. Bruce N.

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

No. 88-7302. Lamberto Lucarelli, Petitioner v. Giovanni Sinicropi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7303. Felix Santiago Soto, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7304. Roy Sullivan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 88-7308. Margaret Crane, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, East- ern Division, denied.

No. 88-7311. Michael Edward Dorsey, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7312. Edward L. Smith, Petitioner, v. Hilton Butler, War- den, et al. Petition for writ of certiorari to the District Court of Louisi- ana, Parish of Richland, denied.

No. 88-7319. Sarah Jimenez, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, San Mateo County, denied.

No. 88-7323. Paul A. Rosberg, Petitioner v. Wes Eisenbeiss. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 34 MONDAY. OCTOBER 2. 1989

No. 88-7325. Reginald Eugene Turner, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 88-7327. Milan Cvikick, Petitioner v. Railroad Retirement Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7329. Carol Golmon, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. .88-7333. Arvil Howard Elam, aka Howard Elam, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 88-7334. Donald Garfield Cox, Petitioner v. William Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7337. Luis Romero-Lopez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7338. Peter Van Daam, Petitioner v. Kathleen S. Connell, et al. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 88-7340. Raymond D. Gawloski, Petitioner v. William H.

Dallman, Superintendent, Lebanon Correctional Institution, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7341. Olive Savoie Belanger, Petitioner v. Marion J. Alessi. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 88-7344. Caroline T. Corbit, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied.

No. 88-7349. Jarvis Williamson, Petitioner v. Northeast Regional Postmaster General, United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7350. Robert Schmid, Petitioner v. United Brotherhood of Carpenters & Joiners of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7352. Richard L. Harden, et ux., Petitioners v. Federal Land Bank of Omaha. Petition for writ of certiorari to the Court of Appeals of Iowa denied. MONDAY. OCTOBER 2. 1989 35

No. 88-7353. Tommy Lee Brooks, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 88-7359. Adrian Bernard Gibson, Petitioner v. William R. Turner, Superintendent, Renz Correctional Center at Cedar City, Mis- souri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7360. Kendrick Lee Harris, Petitioner v. City of Columbia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7361. Ronnie Lee Alston, Petitioner v. John C. Gluch, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7362. Jessie D. McDonald, Petitioner v. Yellow Cab Metro, Inc. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 88-7363. Raymond Gary Stelljes, Petitioner v. Val D. Sloper. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 88-7364. Richard Ralph Martinez, Petitioner v. New Mexico, et al. Petition for writ of certiorari to the Supreme Court of New Mex- ico denied.

No. 88-7366. Mary L. Hooper, Petitioner v. Louis W. Sullivan, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7367. Eila M. Gregor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 88-7368. Greg A. Getty, Petitioner v. William Webster, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7370. Anthony Monteiro, aka Toy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7372. Vladimir Zatko, Petitioner v. B. J. Bunnell. Superin- tendent, California Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7375. Ruben Cadena-Santos, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 36 MONDAY. OCTOBER 2. 1989

No. 88-7377. Abraham T. Yang, Petitioner v. Wayne Estelle, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7378. L. T. Williams, Petitioner v. Paul Sheffield, Superin- tendent, Dade Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7379. Rickie N. McNair, Petitioner v. Richard L. Dugger,

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

No. 88-7382. Alvin S. N. Cruz, Petitioner v. Guam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7383. Alfredo Brack-Brack, Petitioner v. United States;

No. 88-7385. Humberto Tellez-Molina, Petitioner v. United States;

No. 88-7386. Nurberto Diaz-Zabaleta, Petitioner v. United States;

No. 88-7391. Wilfredo Aurela-Zuniga, Petitioner v. United States; and

No. 88-7397. Concepcion Mena, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7395. Leroy Broadnax, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 88-7400. Rubiel Marin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7402. Carl Lawson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7403. Dennis Alexandrapolous, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7405. Christos Karras, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 88-7406. Harold Leroy Fisher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. OCTOBER 2. 1989 37

No. 88-7407. Robert D. Montoya, Petitioner v. Brotherhood of Loco- motive Engineers; and Robert D. Montoya, Petitioner v. Union Pacific Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7411. Barry Wright, Petitioner v. Odie Washington, W'arden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7412. Charles L. Moody, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 88-7414. Huey B. Wright, Petitioner v. Sally Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 88-7415. Taajwar Kafeel Rasheed-Bey, Petitioner v. Jack R.

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

No. 88-7416. Leon Lavarn Kendrick, Petitioner v. William Cle- ments, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7417. Robert Kaltenbach, Petitioner v. John P. Whitley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7418. David Kelly, Petitioner v. Hines-Rinaldi Funeral Home, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7419. Willie Charles Jemison, Petitioner v. Larry Burton,

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

No. 88-7420. Henry Rauser, Petitioner v. Robert Freeman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7421. Johnny Carter, Jr., Petitioner v. Willis B. Sparks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7422. Franklin D. Norris, 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. 88-7423. John Lee Nord, Jr., Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of cer- 38 MONDAY. OCTOBER 2. 1989 tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7425. Wardell Montgomery, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 88-7426. Beverly Childs, Petitioner v. Johnnie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7428. Lawrence Thomas Gladson, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 88-7429. Harold Asch, Petitioner v. Philips, Appel & Walden, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7430. Debro Siddiq Abdul-Akbar, Petitioner v. Ralph K. Durstein, III. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 88-7431. Stephen Allen Henderson, Petitioner v. Gary McCaughtry, Superintendent, Waupun Correctional Institution. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7433. Elsworth L. Groff, Jr., Petitioner v. Ronald L. Buck- waiter. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7434. Ruchell Cinque Magee, Petitioner v. United States Dis- trict Court for the Eastern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7436. Lamarr Fletcher, Petitioner v. Clint Crabtree, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7437. Patrick A. Beckford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7441. William P. King, Petitioner v. Robert Borg, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7443. Alexander Eugenio Moskovits, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 2. 1989 39

No. 88-7445. H. James Willard, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7448. Ermas William Thomas, Petitioner v. Daniel T. Goyette. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7449. Carey Lewis Fischer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7450. Jerry Don Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7452. Josephus Anderson, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 88-7453. William Roy Atkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7454. Kevin James Echols, 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. 88-7455. John E. Dolenc, Jr., Petitioner v. Municipality of

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

No. 88-7456. Neil Abramson, Petitioner v. Ernest W. Ballou. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7457. John E. Dolenc, Jr., Petitioner v. Robert E. Coville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7462. Jerry Harrison, Petitioner v. Ron Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7463. James Lester Valiant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7464. Frankie Lee Underwood, Petitioner v. Walter Kelly,

Superintendent, Attica Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 40 MONDAY. OCTOBER 2. 1989

No. 88-7470. Johnny Roy Wallin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7471. Luis Rosado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7472. Salvador Ahumada-Avalos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7473. Raul Rivera-Ramos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7474. Gwendolyn Joyce Cooper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7475. Wynn Earl Westover, Petitoner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7476. Ronnie Lee Alston, Petitioner v. John C. Gluch, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7478. Alexander MacNab Dalglish, Petitioner v. Robert Gold- smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7479. George G. Luna, Petitioner v. Herman S. Solem, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7481. Rosalind Hadley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

T No. 88-7482. Charles W. Johnson, Petitioner v. Pennsylvania W ire and Rope Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7483. Allan J. Gregor, et ux., Petitioners v. Bell Federal Sav- ings and Loan Association. Petition for writ of certiorari to the Appel- late Court of Illinois, Second District, denied.

No. 88-7484. Allan J. Gregor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. MONDAY. OCTOBER 2. 19S9 41

No. 88-7485. Kenneth W. Bean, Petitioner v. Edward L. Conn, Su- perintendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7486. Edward Nathaniel Carlton, Jr., Petitioner v. Rolf E. Berg. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7489. Arthur Nickens, Petitioner v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7490. Clyde E. Holloway, Jr., Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 88-7491. Sharon Murl Van Leeuwen, et vir, Petitioners v.

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

No. 88-7493. Isidro Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 88-7496. Joseph Donnell, Petitioners v. General Motors Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7497. Laura Kolteryhan, Petitioner v. Trumbull County Chil- dren Services Board. Petition for writ of certiorari to the Court of Appeals of Ohio, Trumbull County, denied.

No. 88-7498. Merlin J. Bordelon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7499. Alfonso Martinez-Flores, Petitioner v. United States; and

No. 88-7512. Daniel Gilbert Deering, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7500. Robert Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7501. John H. Tillman, Petitioner v. New Jersey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 42 MONDAY, OCTOBER 2, 1989

No. 88-7502. Kenneth Lloyd Pendleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7504. Larry Forgey, et ux., Petitioners v. Baca State Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7505. Kyran Hanagan, Petitioner v. Estate of Esther Hanagan, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 88-7506. Simmie Lee Hardin, Petitioner v. Crispus Nix, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7507. Eric D. Stoner, Petitioner v. Al Parke, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7508. Robert E. Wade, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7510. Raymond Berryhill, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7513. Robert C. Pace, Jr., Petitioner v. City of Birmingham, etc. Petition for writ of certiorari to the Circuit Court of Alabama, Jef- ferson County, denied.

No. 88-7514. James Lyne Harnage, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7515. John George, Petitioner v. Charles Scully, Superin- tendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7516. Bobbietter J. Lackland, Petitioner v. Montgomery

Wards Department Store, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7517. Edward Trzaska, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 88-7518. Phillip Brown, Petitioner v. Jerry Thomas, Superin- tendent, Georgia State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 2. 1989 43

No. 88-7519. Ronnie Lee Alston, Petitioner v. John C. Gluch, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7521. Elisha Thomas, Jr., Petitioner v. Lloyd Moore, Sheriff, Pontotoc County, Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7522. Daniel Ray Erickson, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7523. George Anthony Floyd, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied.

No. 88-7524. Rudolph T. Covos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7525. Michael Anthony Blanton, Petitioner v. United States; and

No. 88-7536. Louis Broadwell, aka Drifter, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7526. David R. Meyers, Petitioner v. Charles Scully, Super- intendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7527. Rashad Akeem Rasheed, Petitioner v. James Bender, Superintendent, North Central Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7528. Roberto Maceo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 88-7529. Leonardo Bruno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 88-7531. Randall Scott Johns, Petitioner v. David V. O'Brien, Chief Judge, United States District Court for the District of the Virgin

Islands, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 44 MONDAY. OCTOBER 2. 1989

No. 88-7532. Herbert Leon Crowe, Petitioner v. Charles E. Thomp- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7534. Kevin Rankin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7537. Calvin Thomas, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 88-7538. Martin L. Pruitt and Leon Mason, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7539. Robert Joseph Zani, Petitioner v. John F. Onion, Jr., Judge. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7540. Charlie Taylor, Petitioner v. Carl G. Green, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7541. Charles Ellis Joseph, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied.

No. 88-7542. Jose Correa, Petitioner v. Charles Scully, Superintend- ent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7543. Arthur E. Johnson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 88-7546. Marvin C. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 88-7547. Hector Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7550. William Jett, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 88-7551. Stanley Trig Tranby, Petitioner v. North Dakota. Peti- tion for writ of certiorari to the Supreme Court of North Dakota denied. MONDAY. OCTOBER 2. 1989 45

No. 88-7552. Donald Taplette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7553. Raul Grimaldo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7554. Jerome Kane, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7556. John Steele, Petitioner v. Maryland Bank, N. A. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7558. Donald Merritt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7559. Andrew W. Hansard, Petitioner v. Pepsi-Cola Metro- politan Bottling Company, Inc. , dba Pepsi-Cola Bottling Group; and

No. 89-208. Pepsi-Cola Metropolitan Bottling Co., Inc., dba Pepsi-

Cola Bottling Group, Petitioner v. Andrew W. Hansard. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7560. Robert Eric Ladd, Petitioner v. Larry Burton, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7561. Eugene Nelson, Petitioner v. Dareld Kerby, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7563. Thomas E. Spychala, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7565. Maria Amelia Alonso, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7568. Stephen A. Macomber, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 88-7569. Ralph M. Lepiscopo, Petitioner v. H. Richard Black- hurst, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied. 46 MONDAY. OCTOBER 2. 1989

No. 88-7570. Carl A. Sharp, Jr., by Next Friend, Carl A. Sharp, Sr.,

Petitioner v. Denis Dowd, Superintendent, Farmington Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7571. Alejandro Hoyos, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7572. Thomas E. Brownscombe, Petitioner v. Office of Per- sonnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 88-7573. Gary Felton, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 88-7574. Tommy Lynn Hurst, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7575. Robert John Garcia, Petitioner v. Wayne Estelle, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 88-7576. Frederick Edward Christian, aka Freddie Christian- sen, aka Fred E. Christiane, aka Freddie Christian, aka Frederick

Christiane, aka Frede Christian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7577. Tyrone A. Horton, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 88-7578. Wanda Kay Hearne, Petitioner v. W. Diaz McKenzie, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7579. Louis Johnson, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7580. Jessie D. McDonald, Petitioner v. L. Ken Johnson. Petition for writ of certiorari to the Supreme Court of Tennessee, Mid- dle Division, denied.

No. 88-7581. Pearly L. Wilson, Petitioner v. George F. Denton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 2. 1989 47

No. 88-7582. Harvey Harley, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 88-7584. Herbert Hayes, Petitioner v. Madison Housing Author- ity, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7585. James Demido, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7587. Gerald H. Griffith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7588. Charles Edward Brown, Petitioner v. Joseph M. Ryan, Superintendent, State Correctional Institution at Dallas, Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7589. Floyd Simms, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 88-7591. Albert L. Sivley, Petitioner v. Johns Hopkins Univer- sity, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7592. Kenneth L. Titcomb, Petitioner v. Virginia, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7594. Kenneth Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7596. Michael Allen Sanders, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 88-7597. Earl Ellery Wright, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7600. James H. Sadler, etc., Petitioner u. Ranier Bank Ore- gon, N.A., et al. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 88-7601. Darrell Prows, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 48 MONDAY. OCTOBER 2. 1989

No. 88-7602. Morris May, Petitioner v. Chester Gray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7603. Michael Hooper, Petitioner v. District of Columbia Office of Human Rights. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-7604. Richard Edward Larsen, Petitioner v. Catherine L. Larsen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-7605. Charles Leon Bolden, Petitioner v. John P. Ford, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7606. Claude Raymond Curry, Petitioner v. Charles H. Haden, II. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-7608. Willie A. Thomas, Petitioner r. Robert H. Butler, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7609. Lamont J. Mathews, Petitioner v. Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7610. Stephen Mokone, Petitioner v. New Jersey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7612. Ihsan A. Karaagac, Petitioner v. District of Columbia Board of Medicine. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 88-7613. Faustino Calderon-Abeja, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7614. Joseph Kaswan, Petitioner v. Veterans Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-7617. Stanley H. Stovack, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7618. D. M., Petitioner v. Department of Human Services. Petition for writ of certiorari to the Court of Appeals of Iowa denied. MONDAY. OCTOBER 2. 1989 49

No. 88-7621. Jose Ramon Marquez-Pena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7622. Jessie D. McDonald, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied.

No. 88-7623. Nathaniel Moore, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7624. John William Bossert, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 88-7627. James Alfred Nelson, Petitioner v. Gerald J. Ingram, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7628. Gary Lynn Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-7630. Kenneth Wayne Gregory, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 88-7631. Louis Castro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7632. Murna R. Kalms, Petitioner v. United States; and

No. 89-5212. David Kalms, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1. Nicholas T. Kitsos, Petitioner v. John C. O'Malley, Admin- istrator, Illinois Attorney Registration and Disciplinary Commission. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-2. Frank J. Camoscio, Petitioner v. William J. Tierney,

Administrative Justice, Boston Municipal Court Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-3. Synergy Gas Corporation, 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. 89-4. Alaska Pacific, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 50 MONDAY. OCTOBER 2. 1989

No. 89-5. Richard D. Ellenberg, Trustee in Bankruptcy for Rodger

and Rodger, Inc., Petitioner v. T & B Scottdale Contractors, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6. Charles Champ Williams, Stephen S. Williams and Susan

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

No.. 89-7. Richard Joseph, Petitioner v. United States;

No. 89-5044. Michael L. Knight, Petitioner v. United States; and

No. 89-5058. Jarrious Washington, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-8. Clyde J. Arnold, Jr., et al., Petitioners v. Postmaster Gen- eral. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-9. Hammer DeRoburt, Petitioner v. Gannett Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-10. Lindy D. Cosgrove, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 89-11. Anthony Durkan, Petitioner v. Department of Agricul- ture. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-13. Oregon Physician's Service, Petitioner v. John Hahn, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-14. Joan Ward, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-15. Raul Munoz-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-16. Bingham Toyota, Inc., et al., Petitioners v. Richard

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

No. 89-18. Barbara Winer, Petitioner v. Gary C. Nixon, President, Action Rent-A-Car & Trucks, Inc., ta Action Automotive. Petition for writ of certiorari to the Supreme Court of Virginia denied. MONDAY. OCTOBER 2. 1989 51

No. 89-20. Sterling Electric, Inc., Petitioner v. Parts and Electric Motors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-21. Brad Fraum, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-22. William B. Knapp, et al., Petitioners v. Palos Community

Hospital, et al. Petition for writ of certiorari to the Appellate Court of

Illinois, First District, denied.

No. 89-23. Wayne Smith, Petitioner v. Cleburne County Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-25. Thomas W. Spindle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-26. Clifford B. Hubbard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-27. Wali Muhammed, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 89-28. Gerald Lee and Lora Lee, Petitioners v. Arkansas. Peti- tion for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 89-32. Richard T. Hayes, et ux., Petitioners v. Town of Orleans. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-35. Suarez Corporation, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-36. Leo M. Mullen, Petitioner v. Land Parcel Liquidators, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-37. Trustees of Iron Workers Local 473 Pension Trust, Peti- tioner v. Allied Products Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-41. Helen T. Monagle, Petitoner v. Anthony M. Frank, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 52 MONDAY. OCTOBER 2. 19S9

No. 89-42. Management Recruiters International, Inc. and David

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

No. 89-49. Rodney F. Stich, Petitioner v. Dennis Bunting. Judge.

Superior Court of California, County of Solano, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-50. Lori S. Hardeman, Petitioner v. Chrysler Credit Cor- poration. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied.

No. 89-51. Mary A. Hohe, et al.. Petitioners v. Robert P. Casey,

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

No. 89-54. NCR Corporation. Petitioner v. Commissioner of Reve- nue of Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 89-55. Carol L. Pettyjohn, Petitioner v. Kalamazoo Center Cor- poration, dba Kalamazoo Hilton Inn. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-57. John M. Picciolo, et al.. Petitioners v. Cleveland Jones, Jr., Caroline Jones, Frank Jones. Joyce Jones and Jones Boat Yard, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 89-58. Edward Walther, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-60. Blosenski Disposal Service, Petitioner v. Pennsylvania Department of Environmental Resources. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-63. J. Bradley Cohn, et ux., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-64. Charles Woods Television Corporation, Petitioner v. Cap- ital Cities/ABC, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-66. James Lindstrom, et al. Petitioners v. Edwin H. Allen, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. MONDAY. OCTOBER 2. 19S9 53

Xo. 89-69. Newby Franklin Love. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 89-70. Carter T. G. Kuehn, Petitioner v. Council No. 65. Ameri- can Federation of State, County and Municipal Employees, et al. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-71. Rolando Zaldivar. Sr.. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-76. Marshall Patner, Petitioner v. County of Lake. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-80. Leon Katz. et al.. Petitioners v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

Xo. 89-83. Jack E. Fleming, Petitioner v. Warren 0. Martin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 89-84. Jack E. Fleming, Petitioner v. Douglas E. Anderson. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 89-85. Jack E. Fleming, et ux.. Petitioners v. Sandra Rothen- berg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 89-86. Jack E. Fleming, et ux.. Petitioners v. William E.

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

Xo. 89-88. John R. Woodward. Ill, Petitioner v. State Bar of Geor- gia, et al. Petition for writ of certiorari to the Supreme Court of Geor- gia denied.

Xo. 89-89. Randall Xelson Evans. Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

Xo. 89-91. Charles M. Anderson, et ux.. Petitioners v. Parcom, Inc. Petition for writ of certiorari to the Supreme Court of Virginia denied.

Xo. 89-93. James E. Zombro, Petitioner v. Baltimore City Police

Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 54 MONDAY. OCTOBER 2. 1989

No. 89-94. Larry Witters, Petitioner v. Washington Department of Services for the Blind. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 89-96. Charles Milburn, Jr., a minor, by Charles B. Milburn, his father and next friend, Petitioners v. Anne Arundel County Depart- ment of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-97. Raymond Mirrer, Petitioner v. Kevin T. Smyley, Com- missioner of Probation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-99. Marjec, Inc., Petitioner v. Home and Lot Owners Associ- ation of Shawnee-Land, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-100. New Jersey Transit Rail Operations, Inc., Petitioner v. Joseph P. Fitchik, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-102. Margarita Rivera de Feliciano, et al., Petitioners v. Farm Credit Corporation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-104. Randall B. Woodfield, Petitioner v. Ann Rule, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-105. Joe L. Robinson, Petitioner v. Dave Quick, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-106. Dexter C. Poss, Sr., Individually and as Administrator and Personal Representative of the Estate of Dexter C. Poss, Jr., De- ceased, et ux., Petitioners v. Kenneth A. Azar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-108. John F. Kehoe, et al., Petitioners v. Robert Dobos. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 89-109. Mead Emballage, S.A., Petitioner v. Sean Bernstein. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 89-110. Thomas Englert, dba Northeast Electrical Inspection

Agency, Petitioner v. City of McKeesport, Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 2. 1989 55

No. 89-111. Deere & Company, Petitioner v. Elizabeth M. Hens- gens, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-115. John A. Schexnider, et ux., Petitioners v. McDermott

International, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-116. Jerry Gronquist, dba Gronk's Donut and Sandwich Shop,

Petitioner v. Boulder Urban Renewal Authority, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 89-117. Thomas Speers, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 89-119. Humberto Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. No. 89-121. Ruth E. Prevenslik, Individually and as Trustee of the

Felix and Olga Davis Trust, Petitioner v. Elmer Rossko, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-124. United Air Lines, Inc., et al., Petitioners v. Board of Assessment Appeals of Colorado, et al. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 89-125. David Bunch, Petitioner v. James Logan Helm, Admin- istrator of Estate of Larry Helm. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-126. Lucretia M. Adams, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-128. John A. Northen, Trustee in Bankruptcy for Gordon

Foods, Inc., Petitioner v. Quinn Wholesale, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-129. Bernard F. Goldberg v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-130. Wallace Flowers, Petitioner v. City of College Station, Texas. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-131. Clyde Storie, etc., et al., Petitioners v. Kenneth Dun- can. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 56 MONDAY. OCTOBER 2. 1989

No. 89-132. John Joseph Vaccaro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-133. Paul Erlandson, et al., Petitioners v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied.

No. 89-135. Ira William Holroyd, Petitioner v. California. Petition for writ of certiorari to the Superior Court of California, County of Los Angeles, Appellate Division, denied.

No. 89-136. Harney & Moore and David M. Harney, Petitioners v. Jay Mark Fineberg. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-137. Donald A. Lowry, Petitioner v. Bankers Life and Casu- alty Retirement Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-138. Timothy Reinig, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-139. Elwin F. Holmes, Petitioner v. Frances Sue P. Holmes. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-140. Neelam Rajput, Petitioner v. Sukhjit Rajput. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 89-141. Leo M. Mullen, Petitioner v. Frank T. Galati, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-145. Texas Fruit Palace, Inc., Petitioner v. William M. Steger, Judge, United States District Court for the Eastern District of

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

No. 89-146. Production Machinery Corporation, Petitioner v. Rich- ard Tango. Petition for writ of certiorari to the Court of Appeals of Ohio, Lake County, denied.

No. 89-147. Dixie Broadcasting, Inc., et al., Petitioners v. Radio WBHP, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-148. Suzuki Motor Co., Ltd. and U. S. Suzuki Motor Corpora- tion, Petitioners v. Donald G. Richardson. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY. OCTOBER 2. 1989 57

No. 89-149. Everpure, Inc., Petitioner v. Cuno, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Cir- cuit denied.

No. 89-150. Monroe Systems for Business, Inc., Petitioner v. Walter L. Brooks. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-154. John T. Harding, Petitioner v. County of Door, Wiscon- sin. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-158. Louella F. Benson, Petitioner v. Raymond Hoffpauier, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-159. Herbert H. Johnson, Jr., Petitioner v. Park Shore Ma- rina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-160. John C. O'Connor, Petitioner v. Elinor P. Mulligan. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 89-161. Rich's Better Grease Service, Inc., Petitioner v. Brenda

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

No. 89-162. Stanley Exner, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-165. Inez C. Boyd, Petitioner v. Angela Black, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 89-167. Insurance Corporation of America, Petitioner v. J. S.

Darst, Insurance Commissioner of West Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-172. Commercial Credit Equipment Corporation, Petitioner v. Marion J. Stamps. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-173. Weil Ceramics & Glass, Inc., Petitioner v. Bernard Dash and Jalyn Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-174. Leonard M. Ross, Petitioner v. Superior Court of Cali- fornia, County of Los Angeles (Lynn B. Stites, et al., Real Parties in 58 MONDAY. OCTOBER 2. 1989

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

No. 89-178. Carol Snow, et al., Petitioners v. County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 89-181. Eugenia Rodriguez, Individually and as Next Friend of

Alberto Torres, et al., Petitioners v. City of Brownsville. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-182. Jack J. Grynberg and Celeste C. Grynberg, Petitioners v. Paul Danzig, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-183. Richard R. Syre, Petitioner v. James Williquette, Sher- iff, Vilas County, Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 89-184. J. William Costello Profit Sharing Trust, Petitioner v. State Roads Commission of the Maryland Highway Administration. Pe- tition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-185. John R. Connor, Petitioner v. R. G. Sachs, T. V. Inglesby, J. A. Belladonna, N. L. Murray, C. J. Wittmann, Jr. and Overlook Hospital. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-188. Colorado Interstate Gas Company, Petitioner v. Okla- homa Tax Commission. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 89-190. American Transit Corp., et al., Petitioners v. Rene Aponte Caratini. Petition for writ of certiorari to the Superior Court of Puerto Rico denied.

No. 89-192. Michael A. Orben, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-197. Electro-Nucleonics, Inc., Petitioner v. Washington Sub- urban Sanitary Commission. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-202. George D. Newman & Sons, Inc., Petitioner v. Washing- ton Suburban Sanitary Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-203. Richard Siegel, Petitioner v. Edmonds Company, Inc.

Profit Sharing Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 2. 1989 59

No. 89-209. Don Edgar Burris, Petitioner v. Social Security Admin- istration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-210. Harley Amos, et ux., Petitioners v. Blue Cross Blue

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

No. 89-214. Thomas Earth, Petitioner v. Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-215. Karin Aparo, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-218. Andrew Gordon Leonard, Petitioner v. Town of Hern- don, Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-221. David Hearn, et ux., Petitioners v. State Farm Mutual Automobile Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-226. Mary Ann Tolliver and Paul Felix, Petitioners v. Charles

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

No. 89-230. Irena Kalvans, Petitioner v. Samaritan Health Center. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-239. William Joseph Doyle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-249. Elaine Kenna, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 89-251. Epic Metals Corporation, Petitoner v. H. H. Robertson Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-253. Stanley G. Pinkham, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-262. James Othel Boruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 60 MONDAY. OCTOBER 2. 1989

No. 89-277. Parkis Everett, Petitioner v. Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-285. Joseph Martin Delaney, Jr., Petitioner v. Lawrence B. Gibbs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-289. Hyleme George, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-304. Marjorie Johnson, Petitioner v. Montgomery Wards. Pe- tition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-5001. Paul T. Walker, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 89-5003. Martin Cuevas-Mendoza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5004. Isaac Zabare, aka "The Rabbi", Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5007. Joel Munguia, Petitioner v. United States Parole Com- mission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5009. Jose Touma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5010. Timothy J. Holmes, Petitioner!'. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 89-5012. Frank R. Sturm, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-5013. Morris May, Petitioner v. Warner AMEX Cable Com- munications. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5014. Morris May, Petitioner v. Warner AMEX Cable Com- munications. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 2. 1989 61

No. 89-5015. Morris May, Petitioner v. William 0. Bertelsman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5017. George A. Van Doren, Petitioner v. State Bar of Texas, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 89-5018. Jasper Buchanan, Petitioner v. William B. Reynolds, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-5020. Vincent D. Griffin, Petitioner v. Art Tate, Jr., Superin- tendent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5022. Michael J. Glasper, Petitioner v. Hilton Butler, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5023. Joe Louis Jones, Petitioner v. John B. Taylor, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-5024. Laura Lee Curtis, fka Laura Lee Baker, Petitioner v. Paul D. Baker. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-5026. Daniel W. Fanny, Petitioner v. Lee H. Engleman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5027. Jessie D. McDonald, Petitioner v. Metropolitan Gov- ernment for Nashville, etc., et al. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 89-5028. Istvan Mak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5029. Mark Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5031. Ellsworth H. Lawson, Jr., Petitioner v. P. V. Tanedo, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-5033. Rene Galvan-Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 62 MONDAY. OCTOBER 2. 1989

No. 89-5034. Franklin Joseph Camper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5035. Robert Lebern Lucas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5036. A Juvenile, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-5039. Michael Sindram, Petitioner v. Maryland. Petition for writ of certiorari to the Circuit Court of Maryland, Prince George's County, denied.

No. 89-5041. Soden Harris, Petitioner v. Ralph Hall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5043. Stefan Nelson, Petitioner v. City of Milwaukee. Peti- tion for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 89-5045. Hassan Ahmed Hazime, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5046. Ronald W. Telepo, Petitioner v. Sally S. Scheidemen- tel, Superintendent, Adult Diagnostic and Treatment Center, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5047. Eugene Szymanski, Petitioner v. Budget Rental. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5048. Rolando Otero, Petitioner v. Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5049. Ronald Neyland, Petitioner v. E. Henshaw, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5050. Robert Bradley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-5051. Willie C. Bennett, Petitioner v. W. J. Estelle. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. OCTOBER 2. 1989 63

No. 89-5052. James Gerald Bryan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5054. Jo-Ann Marshburn, Petitioner v. Esther Richard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5055. Gloria Susan Morrison, Petitioner v. Minnesota. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

No. '89-5059. Eugene Szymanski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5061. Thomas R. Filmore, Petitioner v. United States Court of Appeals for the Eighth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5063. Jere Albright, Petitioner v. Alan Neuman Productions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5064. Roosevelt Dowling, Petitioner v. Virgin Islands. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5065. Paul Rene Jarrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5066. William Lebron Church, Petitioner v. Charles E.

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

No. 89-5070. Jessie D. McDonald, Petitioner v. Emezie F. Onoh. Pe- tition for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied.

No. 89-5073. Randolph Blackmon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5074. Willie George Goldsmith, Petitioner v. Charlie Jones,

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

No. 89-5075. William J. Biondi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied. 64 MONDAY. OCTOBER 2. 1989

No. 89-5076. J. Denis Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5077. Otis Terry Williams, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-5078. Johnnie Mack Griffin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5079. Lamar Fletcher, Petitioner v. Tennessee Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5080. James S. Harris, Petitioner v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5081. Clifton S. Davis, Petitioner v. Paula M. Davis. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-5082. Rudolph Bilder, Petitioner v. City of Akron. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 89-5084. Walter J. Moore, Petitioner v. Tender, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5085. Calvin White, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-5086. Terrance Kenneth Provost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-5087. David Steven Hopkins, Petitioner v. Kentucky Parole

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

No. 89-5089. Zeki Kalyon, Petitioner v. Charles Scully, Superintend- ent. Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5091. Charles Parron, Petitioner v. William C. Quick, Super- intendent, Wallkill Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. OCTOBER 2. 1989 65

No. 89-5094. Horace Franklin Dunkins, Jr., Petitioner v. Charlie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5098. Dorothy Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5100. Sylvester Hornbuckle, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-5103. Stanley T. Robinson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-5105. Ruby L. Home, Petitioner v. Allen Metropolitan Hous- ing Authority. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5107. Raymond Razo Perez, Petitioner v. Jerry Allen

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

No. 89-5108. John Crawford Crow, Petitioner v. Carl Fuchs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5111. Angel Andres Ramos, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5112. Benny Cason, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5113. Hulice Bravo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5114. Lawrence E. Long, Petitioner v. Robert R. Jones, As- sistant Director, Command B, Washington Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5115. Michael Jeffrey Stotts, Petitioners United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5116. Charles Ray Edwards, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 66 MONDAY. OCTOBER 2. 1989

No. 89-5118. Kevin P. Kane, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5122. Jessie Rademaker, Petitioner v. Veterans Administra- tion. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5123. Santiago Tapia, Petitioner v. John Tapia. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 89-5124. Vincent Shelton, Petitioner v. Todd McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5126. Patrick English, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5127. Jewel Kaahanui, et al.. Petitioners v. Public Utilities

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

No. 89-5128. Brian Keith Ivory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5129. Garnet D. Everroad and Gregory K. Everroad, Peti- tioners v. Susan K. Carpenter, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 89-5130. James M. Diamond, Petitioner v. Robert L. Winston. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 89-5131. George W. Nicholas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-5132. Gary L. McGhee, Petitioner v. Robert H. Butler, Sr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5136. Eddie Wayne Roberson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5137. Joseph Anthony Alario, Petitioner v. Harold Whitley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 2. 1989 67

No. 89-5138. Lee Alphonso Moore, Petitioner v. L. T. Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5139. Ronald W. Telepo, Petitioner v. Sally Scheidementel,

Superintendent, Adult Diagnostic and Treatment Center, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5140. James Allen Olson, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-5141. Ray W. Gilmore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5142. Curtis D. Atwood, Petitioner v. Dennis E. Lawson. Pe- tition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-5143. Jessie Tompkins, Petitioner r. USA-ROTC, Military Science Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5144. John Berkery, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89^-5145. Ronald Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5147. Randolph Haywood, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5149. Wilfredo Diaz-Villafane, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5150. Clarence Earl James, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5152. Timothy Dess, Petitioner v. Jack McCormick, Warden. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-5153. Mike Isaak, Petitioner v. United States; and

No. 89-5170. Willie Tarver, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 68 MONDAY. OCTOBER 2. 1989

No. 89-5154. Harry Lucas, Petitioner v. Hilton Butler, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5157. Leslie C. Washington, Petitioner v. Tom C. Martin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5160. Eduardo Flores-Dominguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5161. Alex Rodger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5162. Lawrence McCubbins, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5164. Debro Micheal Davis, Petitioner v. Walter Redman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5165. Steven R. Wycoff, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5166. Robert J. Castleberry, Petitioner v. North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5168. Melvin Leroy Tyler, Petitioner v. Richard Callahan. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5169. Hector Jesus Hernandez, Petitioner v. United States; and

No. 89-5235. Jorge Walter Cardona, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5171. John Dolenc, Petitioner v. David Demore, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5172. David Richard Moon, Petitioner v. Lanson Newsome, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. MONDAY. OCTOBER 2. 1989 69

No. 89-5176. Clifford Eaton, Petitioner v. Illinois. Petition for wit of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-5177. William F. Wendt, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-5179. Theodore Purdy and Teddy Purdy , etc. , et al. , Petition- ers v. Monex International, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. '89-5181. Frank James Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5182. Donald Nash, Petitioner v. E. W. Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5186. Ruey Lynn Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5188. Wendell Watson, Petitioner v. American General Fire & Casualty Company, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-5189. Larry McCarter, Petititioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5190. Raymond M. Uharriet, Petitioner v. Workers Com- pensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-5192. Michael Tempel, Petitioner v. Valley Hospital, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-5194. Norman Keith Chase, et ux., Petitioners r. F. William Honsowetz. Petition for writ of certiorari to the Court of Appeals of Or- egon denied.

No. 89-5195. James Arthur McClinton, Petitioner v. Richard L. Dagger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5196. Steven P. Bazsuly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 70 MONDAY. OCTOBER 2. 1989

No. 89-5197. Charles Benton, Petitoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5200. Willie Morris, Petitioner v. Christian Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5202. Reynaldo Elrey Felix, Petitioner v. Industrial Commis- sion of Arizona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 89-5203. Clyde Nubine, Petitioner v. James A. Lynaugh. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-5204. Teodoro Obando-Vasquez, Lamberto Alvarez-Recuero,

Luis Alfonso Barker-Mitchell and Saul Gomez-Barrios, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5205. Juan Otoniel Lorza, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5206. Edith Schoor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5209. Jose Alberto Costa-Cabrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5213. Robert Allen Gallagher, Petitioner v. Billy J. Phillips, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5214. George Benny, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5220. Brad J. Wilkus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-5224. MaeVerna Farmer, Petitioner v. David Godiska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5225. James Naum, Petitioner v. John I. Grider, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. OCTOBER 2. 1989 71

No. 89-5226. Aldo Abatecola, Petitioner v. Veterans Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5227. Eric Brittman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5228. Anthony Johnson, Petitioner v. Francis A. Buinno, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5229. John R. Kucher, Petitioner v. Michael S. Dukakis, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5230. Edward Palmariello, Petitioner v. Norman Butler, Su- perintendent, Massachusetts Correctional Institution at Norfolk. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5231. Robert Davis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-5234. Richard Earl Hedrick, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5236. Ernest Earl Anderson, Petitioner v. Louisiana. Peti- tion for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 89-5239. Robert B. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5240. Andrew Leavitt, Petitioner v. Dan Vasquez, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5242. Lovell Walker, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 89-5243. Wolf Jacobowitz, aka Jack Rice, aka Kalman Schlesin- ger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5246. Paul Kirk, aka Kip, aka Mr. Hollywood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 72 MONDAY. OCTOBER 2. 1989

No. 89-5247. Jesus Jose Carmona, Petitioner v. Hilton Butler, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5248. William A. MacGuire, Petitioner v. Alan Rasmussen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5250. Efrain Velasquez-Mercado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5251. William C. Stevenhagen, Petitioner v. Stanley I. Boltz. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5255. John B. Dempsey, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5258. Bruce A. Quarles, Petitoner v. Richard Michaelson. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5259. Constance Pucci, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5261. Cesar Santiago Delossantos, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-5262. Lutrell Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5264. James Riva, Jr., Petitioner v. Kenneth Getchell, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5267. Ken Rodger Walker, Petitoner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5268. Lester B. Thomas, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 89-5269. Sylvester Reed, Petitioner v. J. D. White, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 2. 1989 73

No. 89-5273. John B. Dempsey, Petitioner v. Sears, Roebuck and Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5274. Ronald Francis Smart, Petitioner v. William D. Leeke,

Commissioner, South Carolina Department of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-5276. Kenny Roper, William Price, William Belcher and Wil- liam Green, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5278. Sabra-Shawn Cook, et al., Petitioners v. Bob Martinez, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-5281. Joseph Leo Romah, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5283. Larry Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5285. Edward A. Hampton, Petitioner v. Earl C. Smith

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

No. 89-5286. Glenn Milton Jackson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5287. Jerome Percy, Petitioner v. C. Paul Phelps, Secretary,

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

No. 89-5288. Emmet N. Bartholomew, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5289. Joe Standley, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5290. Carlos Moreno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-5292. Edward Michael Yurko, Petitioner v. Jack Cowley,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 74 MONDAY, OCTOBER 2. 1989

No. 89-5293. Michael Rodney Paige, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5294. Otis J. Tate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5296. Emmitt David Shaw, Petitioner v. Donal Campbell,

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

No. 89-5298. Abraham T. Yang, Petitioner v. Daniel McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5299. Jean Rhoads, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5300. James F. Taylor, Petitioner v. Mace Knapp, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5301. Wanda Kay Hearne, Petitioner v. Timmy Dean Hearne. Petition for writ of certiorari to the Court of Appeals of Ten- nessee, Eastern Division, denied.

No. 89-5302. Damon W. Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5303. Andrea Morales Deguzman, Petitioner v. United States; and No. 89-5317. Juan Leonon Hoyos, aka Juan Leonor Hoyos, Peti- tioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5305. Robie Louis Scott, Petitioner v. Anthony M. Frank, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5307. Robert James Maker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5308. Dianna Dunn, Petitioner v. Washington Metropolitan Area Transit Authority. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY. OCTOBER 2. 1989

No. 89-5312. Calvin Bernard Anthony, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5313. Raymond Lee Clifton, Petitioner v. Gary Henman,

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

No. 89-5322. Larry Wayne White, Petitioner v. Denver District

Court, et al. Petition for writ of certiorari to the Supreme Court of Col- orado denied.

No. 89-5323. Lamont R. Birden, Petitioner v. New York. Petition for writ of certiorari to the Court of Claims of New York denied.

No. 89-5324. Floyd Farrow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5328. Eli Orlando Herrera, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5329. John A. Aladenoye, aka "Johny Ade", Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5332. Charles Edward Jackson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 89-5338. Theresa A. Harden, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-5339. Milton Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-5340. Benjamin Charles Smith, Charles Frederick Smith and

Constance C. Smith, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5341. Ramee Jamal Shah, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5342. Ronald Joseph Marino, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 76 MONDAY. OCTOBER 2. 1989

No. 89-5345. Matthew Mervin Mills, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5347. Cornelius Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5351. Foster Lee Tarver, Petitioner v. George Petsock, Su- perintendent, State Correctional Institution (and Diagnostic and Classi- fication Center) at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5352. Silvio Prado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5356. Louis Lamberti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5358. Anthony Reynolds, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5360. Eugene Anthony Gesuale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5362. Jimmy Doyle Hindman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5365. John B. Dempsey, Petitioner v. Federal Bureau of In- vestigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5368. Humberto D. Dipaling, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-5375. George Paul LaRoque, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5376. Robert Maker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-5378. Raymond Edward James and Daniel Carlton Freeland,

Petitioners v. J. Michael Quinlan, Director, Bureau of Prisons, et al. MONDAY. OCTOBER 2. 1989 77

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

No. 89-5386. Jeannie Cassady, Petitioner v. H. H. Adair, Individ- ually and as Superintendent of Montgomery County Schools, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5388. Donald Ray Morse, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth .Circuit denied.

No. 89-5406. Kurt Douglas Raymer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5412. Gregario Vargas, Petitioner v. Warren Young, Super- intendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5415. Eugene W. Connelly, Petitioner v. Lester Grossman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5423. Paul Braughton, Sr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 89-5427. Bobbie Jean Gunter and Virginia Thomas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5436. Mark Alan Kaylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5438. Robert L. Jarrett, Petitioner v. Volt Technical Serv- ices, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5441. Kenneth Wayne Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5451. Larry Gene Turner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5453. Francisco Olaya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 78 MONDAY. OCTOBER 2, 1989

No. 89-5465. Allen Betinsky, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5466. Vincent Williams-El, Petitioner v. Darrell Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-1758. Oneida Indian Nation of Wisconsin, et al., Petitioners v. New York, et al.; and

No. -88-1915. Oneida Indian Nation of New York, et al., Petitioners v. New York, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. The Chief Justice took no part in the consideration or decision of these petitions.

No. 88-1762. Robert Kidd, et al., Petitioners v. F/V St. Patrick, et al.; and No. 88-1960. Agnes Bergen, Administratrix of the Estate of Thomas

Carl Kauppinen, et al., Petitioners v. F/V St. Patrick, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 88-1889. James F. Norton, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 88-1901. Air Line Pilots Association, International, Petitioner v. Delta Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 88-2088. Frank Tiller, Petitioner v. Willie Albert Fludd. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 89-72. Automobile Importers of America, Inc., et al., Petition- ers v. Minnesota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice White would grant certiorari.

No. 89-107. Urquhart & Hassell, Petitioner v. Chapman & Cole, 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. 89-199. Enco Manufacturing Company, Inc., Petitioners. Clamp Manufacturing Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari. MONDAY. OCTOBER 2. 1989 79

No. 89-206. MEBA Pension Trust, et al., Petitioners v. Juan Rodri- guez, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 89-5233. Malcolm A. Farrell, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice White would grant certiorari. No. 88-1769. Massachusetts Municipal Wholesale Electric Company,

Petitioner v. Vermont Department of Public Service, et al. The motion of Continental Bank N.A. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Ver- mont denied.

No. 88-1844. Arizona, Petitioner v. Jeffrey Lynn Ikirt. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 88-1942. United States, Petitioner v. Mario Bernal. 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 Fifth Circuit denied.

No. 88-1969. Jack McCormick, Warden, Petitioner v. Bernard J. Fitzpatrick. 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. 88-1987. Pennsylvania, Petitioner v. Robert Peter Zook, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 88-2068. Peter N. Perretti, Jr., Attorney General of New Jer- sey, Petitioner v. Glen 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 Third Circuit denied.

No. 88-2079. Illinois, Petitioner v. Reginald Mahaffey. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-87. Ohio, Petitioner v. Raymond Howard. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 88-1899. Steven Levine, Petitioner v. Nathan S. Heffernan,

Chief Justice, Supreme Court of Wisconsin, et al. The motion of Na- r tional Right to W ork Legal Defense Foundation for leave to file a brief 80 MONDAY. OCTOBER 2. 1989 as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-1982. Dorothy Carrier, for herself and Miki Carrier, Kirk

Camer and Pepi Carrier, Petitioners v. Seattle School District No. 1, et al. The motion of Eben Carlson for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeals of

Washington, Division 1, denied.

No. 88-2000. Steve Cowper, Governor of Alaska, et al, Petitioners v. Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun would grant certiorari.

No. 88-2023. Richard R. Ellis, Petitioner v. Henry L. Mumford, et al. The motion of respondents for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 88-2098. Township of Parks, Pennsylvania, Petitioner v. Bab- cock & Wilcox Company. The motion of Pennsylvania State Association of Township Supervisors, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-2112. Ramon Martinez-Villareal, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Superior Court of Arizona, County of Santa Cruz, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 88-7180. Jonathen Jarrells, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7217. James Games, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7222. Robert Tassin, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7427. Brian Keith Baldwin, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7469. Robert Earl O'Neal, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY. OCTOBER 2. 1989 81

No. 88-7492. Robert Kubat, Petitioner v. James Greer, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 88-7520. Richard Allen Moran, Peititoner v. Harold Whitley,

Warden, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7557. Charles Laverne Singleton, Petitioner v. A. L. Lock- hart, Commissioner, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7567. Marvin Jones, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7620. Danny Alfred Padilla, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5037. Walter Hill, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5038. Virgil Lee Brownlee, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5040. Stephen Allen Thompson, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-5060. Charles Troy Coleman, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5071. Mikel James Derrick, 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. 89-5092. Denton Alan Crank, 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. 89-5093. Patrick James Cavanaugh, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. Dis- senting statement by Justice Brennan and Justice Marshall. 82 MONDAY. OCTOBER 2, 1989

No. 89-5099. Ronald Leroy Kinsman, 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. 89-5238. Robert Driscoll, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5254. Fred Singleton, Petitioner v. Kenneth McKellar, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5260. Raymond Eugene Teague, Petitioner v. Tennessee. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Tennes- see, Middle Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5270. Hugh Melson, 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 Marshall.

No. 89-5399. Bruce Kilgore, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-2130. Oscar 0. D'Angelo, Petitioner v. Illinois Attorney Reg- istration and Disciplinary Commission. The motion of Illinois Attorneys for Criminal Justice for leave to file a brief as amicus curiae is granted.

The motion of Justinian Society of Lawyers for leave to file a brief as amicus curiae is granted. The motion of Illinois State Bar Association for leave to file a brief as amiciis curiae is granted. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 88-7230. John B. Dempsey, Petitioner v. Coca-Cola Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 88-7232. Timothy C. Hudson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Blackmun would grant certiorari.

No. 88-7404. Larry Glen Hoversten, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. Justice Bren- nan would grant certiorari. MONDAY. OCTOBER 2. 1989 83

No. 88-7435. James L. Martin, Petitioner v. Stephen W. Townsend, 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. 89-5210. James L. Martin, Petitioner v. Delaware Law School of Widener University, 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 District of Columbia Circuit denied.

No. 89-5211. James L. Martin, Petitioner v. Supreme Court of Penn- sylvania, 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. 88-7438. Henry Caraballo-Sandoval, Petitioner v. United States; and

No. 88-7480. Carlos Caraballo-Lujan, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 89-82. James C. Rayner, Petitioner v. Daniel Smirl and CSX Corporation. 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. 88-7466. Jose Lorenzo Spearman, Petitioner v. James A. Lyn- augh, Director, Texas Department of Corrections. The motion of petitioner for costs is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7467. Jose Lorenzo Spearman, Petitioner v. James A. Lyn- augh, Director, Texas Department of Corrections. The motion of petitioner for costs is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7495. Jack Howard Potts, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 88-7593. Joseph Krickenbarger-Oliver, Petitioner v. John

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

No. 88-7619. Andrew Edward Robertson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California de- 84 MONDAY. OCTOBER 2. 1989 nied. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins. No. 89-12. Carita Richardson, by S. and E. Richardson, Guardians, et al., Petitioners v. Richardson-Merrell, Inc. The motion of Associa- tion of Birth Defect Children for leave to file a brief as amicus curiae is granted. The motion of Association of Trial Lawyers 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 District of Colum- bia Circuit denied.

No. 89-31. Friends of Warwick Pond, et al., Petitioners v. Children's

Friend and Service, Inc., et al. The motion of respondents for award of costs and fees is denied. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 89-38. Guardian Plans, Inc., et al., Petitioners v. Joseph W.

Teague, et al. The motion of American Cemetery Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-112. Marc L. Goldstein, Petitioner v. State Bar of California.

The motion of Association of Bar Defense Counsel for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-114. Leonard M. Freeman, Petitioner v. Heidi Weissmann.

The motion of Abass Alavi, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-166. Yves Courbois, Petitioner v. Gant Redmon. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 89-5053. William Glen Boyd, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice White would grant certiorari.

No. 89-5119. Daniel Berrigan, et al., Petitioners v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 89-5271. James L. Martin, Petitioner v. Pennsylvania State Real Estate Commission, et al. Petition for writ of certiorari to the United MONDAY. OCTOBER 2. 1989 85

States Court of Appeals for the Third Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 89-5311. Alvin Parker, Petitioner v. Michael D. Parsons, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit before judgment denied.

Common Law Certiorari Denied

No. 89-5021. In Re Torrence Tillman, Petitioner. Petition for writ of certiorari denied. Habeas Corpus Denied

No. 88-7548. In Re Clovis Carl Green, Jr., Petitioner; No. 89-5005. In Re Mary Alice Wolf, Petitioner; No. 89-5032. In Re Darrel McCabe, Petitioner; No. 89-5090. In Re Pius Ike Ezeodo, Petitioner; No. 89-5125. In Re Steven Summers, Petitioner; No. 89-5306. In Re Ronald D. Red Bear, Petitioner; No. 89-5316. In Re Campanella D'Angelo, Petitioner; No. 89-5407. In Re Howard Kluver, Petitioner; and No. 89-5440. In Re Thomas Schlaebitz, Petitioner. The petitions for writs of habeas corpus are denied. Mandamus Denied

No. 88-7243. In Re James M. DeBardeleben, Petitioner; No. 88-7346. In Re Edward Starling, Petitioner; No. 88-7615. In Re Eugene Fields, aka Verlin Scott, Petitioner; No. 89-5002. In Re Keith Ray Bonnett, Petitioner; No. 89-5030. In Re Ikechuku Onwugbufo Agomo, Petitioner; No. 89-5155. In Re Richard Lay, Petitioner; No. 89-5174. In Re Carl Mickens, Petitioner; No. 89-5199. In Re Raymore Phillips, Petitioner; and No. 89-5263. In Re Vernon Martin, Petitioner. The petitions for writs of mandamus are denied. No. 88-7221. In Re James L. Martin, Petitioner; No. 88-7314. In Re Sheila M. Bailey, Petitioner;

No. 89-5253. In Re Elva J. Haugen, Petitioner; and No. 89-5266. Yn Re Danny R. Hollingsworth, Petitioner. The petitions for writs of mandamus and/or prohibition are denied. 86 MONDAY. OCTOBER 2. 1989 Rehearings Denied

No. 87-1705. Bernard M. Barrett, Jr., as President of Plastic and

Reconstructive Surgeons, P. A., Petitioner v. United States, et al.;

No. 88-1802. Chi-Ming Chow, Petitioner v. Attorney Grievance Commission;

No. 88-1975. John G. Barrow, Jr., Petitioner v. Eleanor B. Hawkins, et al.;

No. '88-6315. Walter Bell, Jr., Petitioner v. James A. Lynaugh, Di- rector, Texas Department of Corrections;

No. 88-7055. Arthur Johnson, Petitioner v. Government Employees

Insurance Company, et al.; and

No. 88-7064. David Samuel Iredia, Petitioner v. United States. The petitions for rehearing are denied.

No. 88-5964. Steven King Ainsworth, Petitioner v. California. The motion for leave to file a petition for rehearing is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Arthur A. Abraham El Paso, TX Joseph Abraham, Jr. Ronald C. Aho Brookings, SD Camron Doyal Hoseck Jerry C. Alexander Dallas, TX William Hayes Hart William C. Anderson III Chicago, IL Hugh C. Griffin George Daniels Baker Washington, DC Robert E. Jensen Cindy Ann Barwell Fort Lauderdale, Thomas E. Sholts FL Joseph Berk Baltimore, MD Stanley Carl Rogosin Gregory Lee Biehler Albuquerque, NM Larry D. Beall Gary William Bigelow Raleigh, NC James Daniel Finn, Jr. Phyllis Bin Beverly Hills, CA Morley Gene Mendelson Jerri A. Blair Leesburg, FL Jerry T. Lockett ,

MONDAY. OCTOBER 2. 1989

Applicant City and State Movant

W) cicnin erf rt n Tl I AlfvpH T Kurt E. Blase VV dblllllg IUI1, U\^/ xTlIII CU VV .0 .

X 1 dlllcl

Anthony Michael Bongiorno i\cv\ I UIK, 1\ JL UUUgldb I. ddLUUb Pidcrp TT Elizabeth Hillmann Brown Park \_IldIlCb . XXULJJJC, Jr

Odll X_)cl Ildl U11I1U XXCI J Hi IIipcilU Denice Elaine Brue II '

CA OJrX • .TnVin James H. Burnley IV xllCAallUI Id, V A 1VUUC1R nhpvtL tJ Willi

V Ilxvdl

David Reed Burton Baltimore MD l_j cl V\ 1 C^lIV^vT X .

VV tilbllldll

Donald D. Campbell Del Aclcjt XxclgllLb, xNlLHUldb l\.

NJ 1 CillClJlIlLU

Larry Cary Npw York NY OlmiplHnri1C Ivl UI 1 I_jIlgClIldI u

Solomon Benjamin Cera Octll I IdllLlbLU, X-'dN in I_>CI Ildl u

V_TU1U

Pamela Dion Cichon \J1 II1UI1U XDcdLIl, O UUgc VV 1I11II CU. FL Johnson Sham Firm ^rm'tVi Foy Lee Clark rdbaUcild, 1 -A. UUil WVV . oiIllLIl

/7 TnVtyi T AA i t 'Ci v Jeffrey P. Clemente 1V1UI I IblU v\ 11, l\d •JUIlll o. VVllIIlcYClm TTTXXI

nv*v*i cf rkAi'n Patricia E. Coonahan INM UI I lbLU V\ 11, XPAt\. IVXdl \ lVXdLxN till crpv TCillin1 vl 1 11 1 1 1; CI

Stephen L. Cotter Jxlldllld,Atlanta UilOA lVXILIldCl XX. OLIII UUcl

luT/YI^IM O T 11 nAIV Robert S. Crites Jr. IVXUIllcMnntp VictimV Ibid, CO\y\J ^O. 1VIUI I lb XjUUUW

Jerilyn DeCoteau IJUU.lU.cI , \^\J XJUI1 XJldllLlcV

ivxilici

T T q n Lrc r»rr\ i 1 1 o h I ot"\Vi on nn q 1 r1 William Wallace Deem d dLIVbUIl \ 111c, r JLi olCpllCIl UUIldlU

XJPlI^PVHovT \

Gary W. Eiland HniKtnn TY XJlll \ 1 VCl \

XJIULI W UI LI 1 John D. Elliott Columbia, oL Spencer Andrew Syrett Michael James Elsberry Los Angeles, CA Gary N. Donovan Frank Newton Eppinger Stonington, CT Peter Fred Stuart Ann P. Faitz Little Rock, AR William Stephen Crain 88 MONDAY. OCTOBER 2. 1989

Applicant Citv and State Movant

uavia \jr. r inKie LiOs i\ngeies, l, r\ Charley Mackay Stoll Richard Gerald Flanagan Los Angeles, CA Bruce Morrison Gleason John C. Fontaine New York, NY Clark M. Clifford Frank D. Francone Los Angeles, CA Marc Richard Stein Richard Horton Frank III Nashville, TN Aubrey B. Harwell, Jr. Richard H. Frank Jr. Nashville, TN Aubrey B. Harwell, Jr.

MqvIt "R Prnct ± IllldUcipilld, in Harris Theodore Bock

Mitchell Stuart Fuerst Coral Gables, FL Jerome S. Richman

Nancy J. Gannon Milwaukee, WI Thomas Cannon Robert Heys Gardner Wayne, NJ Frederick C. Heissenbuttel noDerx rjUgene money IVlOOlie, r\.Li Frank Grey Redditt Jr. .Ton^than Alan Cxlncrpn] Tallahassee FL Robert A. Butterworth Sarah S. Gold New York, NY Edward Brodsky Helen M. Gold New York, NY Douglas P. Jacobs

Neil A. Goteiner San Francisco, CA Jerome I. Braun Lynn Grimshaw Portsmouth, OH Charles L. Huddleston Jr. Jose A. Gutierrez-Nunez Aibonito, PR Francisco Jose Ortiz-Bonilla

Craig J. Hattier New Orleans, LA J. Van Robichaux, Jr. ndi I y i iiuiiiab xici uiiid.il PnrtcmnntVi OH Charles L. Huddleston Jr.

1 11 Ulllds £\..Ej. XitrisKclIl Qdll r IdllLloLU, ii John Walton Dinkelspiel

Edward S. Hill Waterbury, CT Robert J. Narkis Donald B. Hilliker Chicago, IL Michael A. Pope Donald D. Howard San Jose, CA John R. Reese MONDAY. OCTOBER 2. 1989 89

Applicant City and State Movant

Linda C. Johnson Los Angeles, CA Sharlene A. Honnaka Susan Holland Johnson Las Vegas, NV Walter R. Cannon Robert 0. Johnston Bethesda, MD Sandra Lynn Schweitzer Harvey N. Jones Hastings, MN Samuel Hubbard Hertogs Denver Christian Jordan Fort Wayne, IN William Leon Briggs Joel A. Kaplan Miami, FL Elizabeth Miranda Hernandez Martin David Katz Wayne, NJ Jay A. Katz William G. Keiler San Antonio, TX Byron Ernest Barnett Carolyn P. Kelly Groton, CT Peter Fred Stuart Stanley A. Kempner Jr. Spokane, WA William E. Cullen Mary Katherine Kennedy Houston, TX William Key Wilde Russell L. Kimberland II Bethel Park, PA Robert C. McCartney Byron Doyle Knight Park Ridge, IL Charles C. Hoppe, Jr. Robert J. Lamont Huntington, WV David P. Cleek Lynn Edward LeGault Madison, WI Paul D. Lawent Kevin T. Lee Chicago, IL Mitchell Ware Matthew Burke Lehr Wilmington, DE Douglas Edgar Whitney John James Lewis Skoie, IL Mary Ellen Dienes Lydia J. Lizarribar San Juan, PR Jaime Pieras Lopez-Cepero

Barry J. London San Francisco, CA Graydon Shaw Staring Dean Kim Lough Phoenix, AZ Curtis Arthur Jennings Richard Collin Mangrum Omaha, NE J. Patrick Green James K. Manning New York, NY E. Michael Bradley John M. McAllister Little Rock, AR William Stephen Crain 90 MONDAY. OCTOBER 2. 1989

Applicant City and State Movant

Andrea F. McKenna Harrisburg, PA LeRoy S. Zimmerman Michael Earl McPherson Vista, CA Randall Bruce Pyles

Vincent N. Melchiorre Philadelphia, PA Michael J. McAllister Robert W. Merkle Tampa, FL John Murray Fitzgibbons Kirk Daniel Messmer Owosso, MI Beverly A. Susler Parkhurst Gary Micon Los Angeles, CA Charley Mackay Stoll O IT Robert Burdette Mitchell Bridgeport, CT Samuel Lang Kathleen D. Mix Olympia, WA William L. Williams Dean Allen Morehous Jr. San Francisco, CA Gary L. Fontana

/"< TTT «T 1 William M. Murphy New lork, N i George Wailand John Frederick Namey Orlando, FL Sidney L. Feuvrel, Jr. John Clayton Newlin Urbana, OH Robert Allen Vaughn

Paul J. Nicoletti West Palm Beach, Herbert Leonard FL Gildan Thomas H. Nolan Jr. Mobile, AL David Scott Wright Todd Hamilton Noll Perrysburg, OH Phillip Louis Dombey Eugene J. O'Brien Smithtown, NY Frederic Block Carolyn Porter Oast Norfolk, VA Edward L. Oast, Jr. Peter Paul Olszewski Jr. Wilkes-Barre, PA Charles P. Gelso Philip A. Ostien Des Moines, IA Frederick Marcus Haskins Stephen C. Page Stuart, FL Robert T. Scott Andrea L. Parry Philadelphia, PA William DeWitt Parry Robin Tavlor Parsons Baltimore, MD James C. Cawood, Jr. MONDAY. OCTOBER 2. 1989 91

Applicant City and State Movant

Lawrence T. Phelan Philadelphia, PA Stanford Shmukler

J. R. Powell Woodbury, NJ Judge Samuel DeSimone James E. Purcell Providence, RI Joseph A. Kelly Evan G. Reade Palo Alto, CA Paul N. McCloskey, Jr. Claude Favrot Reynaud Jr. Baton Rouge, LA Gordon A. Pugh Steven Jay Ruben Los Angeles, CA Robert Ashley Schwartz Robert Randolph Rumble Portsmouth, OH Charles L. Jr. Huddleston Jr. Donald P. Russo Bethlehem, PA Richard Bren Somach

Joseph S. Russo Jefferson, LA Roger I. Dallam Louis T. Savino Jr. Philadelphia, PA Michael J. McAllister

Peter J. Schmiedel Chicago, IL Michael E. Deutsch Vivian L.. Schwartz Los Angeles, CA Bruce Morrison Gleason Giles Rolfe Scofield III Brooklyn, NY Eve W. Paul Matthew Shafner Groton, CT Peter Fred Stuart William K. Shaw Jr. Portsmouth, OH Charles L. Huddleston Jr. Arthur M. Sherwood Buffalo, NY Alexander C. Cordes Diane M. Shust Washington, DC Stephanie Duncan-Peters Michael R. Sieben Hastings, MN Samuel Hubbard Hertogs Jeffrey Graham Slater Orlando, FL G. Yates Rumbley Brian R. Smith Glastonbury, CT James A. Wade Bernard J. Smolens Philadelphia, PA James Douglas Crawford Steven E. Snow Providence, RI Joseph A. Kelly John Paul Spires Monroe, LA Joseph Thomas Mickel 92 MONDAY. OCTOBER 2. 1989

Applicant City and State Movant

Robert Kirk Stanley Indianapolis, IN Virgil L. Beeler

Roger W. Stone Cedar Rapids, IA Stephen J. Holtman John E. Storkel Salem, OR Judge Albin Walter Norblad Michael Richard Strom Hastings, MN Samuel Hubbard Hertogs Catalina J. Sugayan Chicago, IL Hugh C. Griffin Mark Steven Tawater Washington, DC G. William Hunter Elizabeth M. Taylor New York, NY William F. Connell Henry Gerard Terhoeve Baton Rouge, LA Thomas E. Balhoff Donald Charles Nutley, NJ Betty F. Greitzer Vaillancourt John K. Vernon Des Moines, IA Frederick Marcus Haskins Gary Lee Veurink Muskegon, MI William Carl Marietti R. Steven Waldron Murfreesboro, TN Dorris Caldwell Daniel Jr. Sean Michael Walsh New York, NY Stephen Robert Bookin Allen William Wark Washington, DC Martin Fleit Diane Trace Warlick St. Croix, VI Warren B. Cole Reggie N. Whitten Oklahoma City, Michael W. Hinkle OK Robert P. Williams II Atlanta, GA Carl Edward Sanders James F.W. Wojeck Monroe, CT Eugene D. Micci Theodore Xenakis Haverhill, MA Mitchell J. Sikora, Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Dana K. Sammons Carson City, NV Douglas Ross Nathan Paul Maddox Springfield, IL Terence M. Madsen MONDAY. OCTOBER 2. 1989 93

Applicant City and State Movant

Leonard Bruce Wade Salisbury, MD John B. Robins IV Brett Windson Wilson Cambridge, MD John B. Robins IV Leopold Laufer Brooklyn, NY Patricia M. Karish Raymond A. Levites New York, NY Patricia M. Karish Oral Arguments

No. 88-1083. John Doe Agency and John Doe Government Agency,

Petitioners v. John Doe Corporation. Argued by Mr. Edwin S. Kneed- ler for the petitioners and by Mr. Milton Eisenberg for the respondent.

No. 88-791. Pavelic & Leflore, Petitioner v. Marvel Entertainment Group, et al. Argued by Mr. Jacob Laufer for the petitioner and by Mr. Norman B. Arnoff for the respondents.

No. 88-1203. Hoffman-La Roche, Inc., Petitioner v. Richard Sper- ling, et al. Argued by Mr. John A. Ridley for the petitioner and by Mr. Leonard N. Flamm for the respondents.

No. 88-854. Henry G. Spallone, Petitioner v. United States, et al.;

No. 88-856. Peter Chema, Petitioner v. United States, et al.; and

No. 88-870. Nicholas Longo and Edward Fagan, Petitioners v. United States, et al. Argued by Mr. James D. Harmon, Jr., for the petitioners and by Mr. Solicitor General Kenneth W. Starr for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. OCTOBER 3. 1989 95 SUPREME COURT OF THE UNITED STATES

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

No. £8-840. Golden State Transit Corp., Petitioner v. City of Los Angeles. Argued by Mr. Zachary D. Fasman for the petitioner and by Mr. John F. Haggerty for the respondent.

No. 88-928. James M. White, etc., Petitioner v. United States, et al. Argued by Mr. Kenneth A. Payment for the petitioner and by Mr. Alan

I. Horowitz for the respondents.

No. 87-1979. Chesapeake and Ohio Railway Company, Petitioner v. Nancy J. Schwalb and William McGlone; and

No. 88-127. Norfolk & Western Railway Company, Petitioner v. Robert T. Goode, Jr. Argued by Mr. William T. Prince for the petitioners, by Ms. Christine A. Desan-Husson for the United States, as amicus curiae supporting petitioners, by special leave of Court, and by Mr. Bruce A. Wilcox for the respondents.

No. 88-6075. Darryl James, Petitioner v. Illinois. Argued by Mr. Martin S. Carlson for the petitioner and by Mr. Terrence M. Madsen for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY. OCTOBER 4. 1989 97 SUPREME COURT OF THE UNITED STATES

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

No. .87-2012. FW/PBS, Inc., dba Paris Adult Bookstore II, et al., Pe- titioners v. City of Dallas, et al.;

No. 87-2051. M.J.R., Inc., et al., Petitioners v. City of Dallas; and

No. 88-49. Calvin Berry, III, et al., Petitioners v. City of Dallas, et al. Argued by Mr. John H. Weston for the petitioners and by Mrs. Analeslie Muncy for the respondents.

No. 88-42. Olaf A. Hallstrom, et ux., Petitioners v. Tillamook

County. Argued by Mr. Kim T. Buckley for the petitioners, by Mr. I. Franklin Hunsaker for the respondent, and by Mr. Brian J. Martin for the United States, as amicus curiae by special leave of Court.

No. 88-6025. Reuben Dowling, Petitioner v. United States. Argued by Mr. Robert L. Tucker for the petitioner and by Mr. Stephen L. Nightingale for the respondent.

No. 88-995. Northbrook National Insurance Company, Petitioner v.

Larry W. Brewer, et al. Argued by Mr. Peter Michael Jung for the petitioner and by Mr. Timothy M. Fults for the respondents.

Adjourned until Tuesday, October 10, 1989 at 10 o'clock. x

No. A-240. John Richard Marek, Applicant v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) TUESDAY, OCTOBER 10. 1989 99 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. 88-7535. Michael Terrell, Petitioner v. Terry L. Morris, Super- intendent, Southern Ohio Correctional Facility. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and

the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissent- ing opinion by the Chief Justice with whom Justice White, Justice O'Connor and Justice Scalia join.

Certiorari— Summary Disposition

No. 88-7468. Reginald Whigham, Petitioner v. Dale Foltz, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The 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 Harris v. Reed, 489 U.S. (1989).

No. 89-231. Shearson Lehman/American Express, Inc., et al., Peti-

tioners v. Frank L. Bird, Individually and as Trustee of the Frank L. Bird Profit Sharing Trust, et al. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The motion of

Securities Industry Association, et al. for leave to file a brief as amici

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 Second Circuit for further consideration in

light of Rodriguez de Qitijas v. Shearson/American Express, Inc., 490 U.S. (1989). Justice Brennan, Justice Marshall and Justice Ste- vens dissent. 100 TUESDAY. OCTOBER 10. 1989

No. 89-265. Easton Publishing Company, Petitioner v. Alfred R. Boettger. On petition for writ of certiorari to the Supreme Court of

Pennsylvania, Eastern District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Pennsylvania, Eastern District, for further consideration in light of The Florida Star v. B. J. F., 491 U.S. (1989).

No. 89-5484. Johnny James, 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 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 Criminal Appeals of Texas for further consideration in light of Penry v. Lynaugh, 492 U.S. (1989).

Orders in Pending Cases

No. — . National Railroad Passenger Corp., Applicant v. Transporation Communications Union, et al. The motion to direct the

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

No. A-247. Healthamerica and Pamela Merle, Applicants v. Edward Menton. The application for stay presented to Justice Kennedy and by him referred to the Court is granted and it is ordered that the execution and enforcement of the judgment of the Supreme Court of Alabama, case No. 87-1110, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. In the event the petition for a writ of certiorari is denied, this order terminates automatically. Should the petition for a writ of certiorari be granted, this order is to remain in effect pending the issuance of the mandate of this Court. This order is further conditioned upon the supersedeas bond presently posted with the Clerk of the Circuit Court of Mobile County, Alabama, Civil Action No. CV-86-003049, remaining in effect. No. D-782. In the matter of Everett Emett Ricks, Jr. Everett Emett Ricks, Jr., of Long Beach, 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 order of disbarment entered August 11, 1989, is vacated. The Rule to Show Cause, heretofore issued on May 1, 1989, is hereby discharged. No. D-794. In the Matter of Disbarment of Ruben R. Montemayor. Disbarment order entered. No. D-797. In the Matter of Lawrence Ripes. Lawrence Ripes, of Northbrook, Illinois, having requested to resign as a member of TUESDAY, OCTOBER 10. 1989 101

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 August 11, 1989, is hereby discharged. No. D-800. In the Matter of Disbarment of William Francis Xavier Klan. Disbarment order entered.

No. D-811. In the Matter of Disbarment of Nathan Norton Powell. It

is ordered that Nathan Norton Powell, 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. 8, Original. State of Arizona, Plaintiff v. State of California,

et al. The motion of the state parties to reopen the decree to determine disputed boundary claims with respect to the Fort Mojave, Colorado River and Fort Yuma Indian Reservations is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 87-1045. Director, Office of Workers' Compensation Programs,

United States Department of Labor, Petitioner v. Fred Kyle; and

No. 87-1065. National Council on Compensation Insurance, Peti- tioner v. Fred Kyle and Director, Office of Workers' Compensation Pro- grams, United States Department of Labor. The motion of respondent

Fred Kyle for attorney's fees is granted and the United States Court of

Appeals for the Sixth Circuit is directed to determine the fee to be allowed for the work performed by counsel before this Court.

No. 87-1622. Philip Brendale, Petitioner v. Confederated Tribes and

Bands of Yakima Indian Nation, et al.;

No. 87-1697. Stanley Wilkinson, Petitioner v. Confederated Tribes and Bands of Yakima Indian Nation, et al.; and

No. 87-1711. County of Yakima, et al., Petitioners v. Confederated

Tribes and Bands of Yakima Indian Nation, et al. The motion of respondents to retax costs is granted and it is ordered that two-thirds of the cost of the preparation of the joint appendix is assessed against respondents Confederated Tribes and Bands of Yakima Indian Nation, et al., and one-third of the cost of the preparation of the joint appendix

is assessed against petitioner Philip Brendale.

No. 87-1965. Marcus C. Zinermon, et al., Petitioners v. Darrell E.

Burch. The motion of American Civil Liberties Union, et al. for leave to

file a brief as amici curiae is granted. 102 TUESDAY, OCTOBER 10. 1989

No. 87-2013. Board of Trustees of the State University of New York, et al., Petitioners v. Todd Fox, et al. The motion of respondents to retax costs is denied.

No. 87-2048. Texaco, Inc., Petitioner v. Ricky Hasbrouck, dba Rick's Texaco, et al. The motion of Service Station Dealers of America for leave to file a brief as amicus curiae is granted.

No. 88-1264. James Saffle, Warden, et al., Petitioners v. Robyn Leroy Parks. The motion of petitioners for leave to file a reply brief, out-of-time, is granted. No. 88-1323. Louis W. Sullivan, Secretary of Health and Human Services, et al., Petitioners v. Sandra Everhart, et al. The motion of the Solicitor General to permit Amy L. Wax, Esq., to present oral argument pro hac vice is granted. No. 88-1640. Michigan Citizens for an Independent Press, et al,

Petitioners v. Dick Thornburgh, Attorney General of the United States, et al. The motion of respondent Detroit Free Press for reconsideration of the order denying the motion of divided argument is denied. Justice White took no part in the consideration or decision of this motion.

No. 88-1668. Atlantic Richfield Company, Petitioner v. USA Petro- leum Company. The motion of Society of Independent Gasoline Market- ers of America for leave to file a brief as amicus curiae is granted.

No. 88-1775. Gary E. Peel, Petitioner v. Attorney Registration and Disciplinary Commission of Illinois. The motion of National Board of

Trial Advocacy for leave to file a brief as amicus curiae is granted. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-152. Vera M. English, Petitioner v. General Electric Com- pany. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-266. Portland General Electric Company, Petitioner v. Mon- tana Department of Revenue, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-400. David Lucas, et al., Appellants v. Judy Townsend, etc., et al. The motion of appellees to expedite consideration of the appeal is denied. No. 89-440. Debby Clardy, Executrix of the Estate of Eugene

Clardy, deceased, and Clardy Realty, Inc. , Petitioners v. Martha Hoff- man Sanders. The application for stay presented to Justice Stevens and by him referred to the Court is granted and it is ordered that the execu- TUESDAY. OCTOBER 10. 1989 103 tion and enforcement of the judgment of the Supreme Court of Ala- bama, case No. 87-1070, is stayed pending this Court's action on the petition for a writ of certiorari. In the event the petition for a writ of certiorari is denied, this order terminates automatically. Should the petition for a writ of certiorari be granted, this order is to remain in effect pending the issuance of the mandate of this Court. This order is further conditioned upon the supersedeas bond presently posted with the Clerk of the Circuit Court of Montgomery County, Alabama, Civil Action No. CV-87-448, remaining in effect.

Certiorari Granted

No. 87-6700. John Henry Selvage, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to Question 1 presented by the petition, but rephrased as follows: "At the time petitioner was tried, was there 'cause' for not raising a claim based upon arguments later accepted in Penry v.

Lynaugh, No. 87-6177 (June 26, 1989); and if not, would the application of a procedural bar to the claim result in a 'fundamental miscarriage of justice,' Smith v. Murray, 477 U.S. 527, 537-538 (1986)?"

No. 88-7164. Terry Brice Horton, Petitioner v. California. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate Dis- trict, granted.

No. 88-7194. Arthur Lajuane Taylor, Petitioner v. United States. Motion of petitioner for leave to proceed infonna pauperis and petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 89-61. United States, Petitioner v. Filiberto Ojeda Rios, et al. The motions of respondents for leave to proceed infonna pauperis are granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. No. 89-189. James R. Ricketts, Director, Arizona Department of

Corrections, et al., Petitioners v. Jimmie Wayne Jeffers. 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. 89-243. Eli Lilly and Company, Petitioner v. Medtronic, Inc. The motion of Proctor and Gamble for leave to file a brief as amicus 104 TUESDAY. OCTOBER 10, 1989 curiae is granted. The motion of Orrin G. Hatch, et al. for leave to file a brief as amici curiae is granted. The motion of American Sterilizer Company for leave to file a brief as amicus curiae is granted. The motion of Intellectual Property Owners, Inc. for leave to file a brief as amicus curiae is granted. The motion of Zimmer, Inc., et al. for leave to file a brief as amici curiae is granted. The motion of Pfizer Hospital

Products Group, Inc., et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted. Justice O'Connor took no part in the consideration or decision of these motions and this petition.

Certiorari Denied

No. 88-148. Southern Natural Gas Company, Petitioner v. Joseph F.

Fritz, et al. Petition for writ of certiorari to the Supreme Court of Mis- sissippi denied.

No. 88-1877. Ramon Dean, Petitioner v. John 0. Marsh, Jr., Secre- tary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-1931. Paul Camen, Petitioner v. Safeco Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-2070. Daniel Leo Brocki, Petitioner v. United States District Court for the Western District of Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-2134. Charles J. Bazarian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7494. Bobbie Louis Celestine, Petitioner v. California Fran- chise Tax Board. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 88-7590. Edward Howard Palmer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7625. Juan Pimienta-Redondo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-24. Mary Dann and Carrie Dann, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. TUESDAY, OCTOBER 10. 1989 105

No. 89-43. John Eric Hughes, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-53. Missouri Division of Transportation, et al., Petitioners v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-62. Frederick Joseph Turk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-68. Wilburn Gonce, et al., Petitioners v. Veterans Adminis- tration. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-74. Dorothy L. Noble, Petitioner v. James D. Watkins, Sec- retary of Energy. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-92. Davis Iron Works, Inc., Petitioner v. Irving J. Rosen- baum; and

No. 89-330. Irving J. Rosenbaum, Petitioner v. Davis Iron Works, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-95. Riverfront Associates, Ltd., et al., Petitioners v. Federal Savings and Loan Insurance Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-103. Giles Galahad, Petitioner v. Zita L. Weinsheink, Judge,

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

No. 89-113. Plymouth Stamping Division, Eltec Corporation, Peti- tioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-118. Alan R. Stoneman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-120. Southern Natural Gas Company, Petitioner v. United States;

No. 89-122. Warrior & Gulf Navigation Company, Petitioner v. United States; and 106 TUESDAY. OCTOBER 10, 1989

No. 89-123. Parker Towing Company, Inc., Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-143. Paul A. Latraverse, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-186. Community Electric Service of Los Angeles, Inc., Peti- tioner v. National Electrical Contractors Association, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-191. Melvin Taylor, et al., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-207. Scott A. Brainerd, Petitioner v. Masco Corporation of Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-217. Raphael Gregorian, et al., Petitioners v. Izvestia, Minis- try of Foreign Trade of the Union of Soviet Socialist Republics, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-223. Martin A. Schottenfeld, Petitioner v. Consolidated Edi- son Company of New York, Inc. and Thomas J. Galvin. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-224. Isabel Cannedy, et al., Petitioners v. Pacific Gas and Electric Company. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-225. Mary Rosenthal, et al., Petitioners v. Jerome J. Verlin. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 89-227. Ron Brown, Petitioner, v. Vial, Hamilton, Koch & Knox, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-229. Kenneth T. Lyons, et al., Petitioners v. Rhode Island Public Employees Council 94, et al. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 89-232. Port Clinton Fish Company, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 89-233. Grand Lodge of Texas, (Ancient, Free and Accepted Masons), as Trustee for Masonic Home and School of Texas, et al, Peti- TUESDAY. OCTOBER 10. 1989 107 tioners v. Elizabeth McClelland Gant. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-235. Ronald G. Polly, Petitioner v. Howell Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-236. Coastal Petroleum Company, Petitioner v. International Minerals & Chemical Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-238. Edgar H. Hadley, Petitioner v. Helen C. Hadley. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 3, denied. No. 89-240. Dennis Kohl, by His Parents and Guardians, Norbert

Kohl, et ux., Petitioner, v. Woodhaven Learning Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-241. Daniel P. Hulsey, Petitioner v. USAir, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-248. Donald E. Tyler, Petitioner v. Anthony Yturri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-250. Blue Cross and Blue Shield of Maryland, Inc., Petitioner v. Robert Weiner, Sr., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-252. Barry Warren Clyde, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-254. James Allen Marker, Jr., et ux. Petitioners v. Wayne K.

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

No. 89-256. James Triplett, Petitioner v. Runa Triplett. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 89-257. RRI Realty Corp., Petitioner v. Incorporated Village of Southampton, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-261. Burton Robert Berman, Petitioner v. State Bar of Cali- fornia. Petition for writ of certiorari to the Supreme Court of California denied. 108 TUESDAY. OCTOBER 10. 1989

No. 89-263. Milton A. Calesnick, et ux., Petitioners v. Redevelop- ment Authority of the City of Philadelphia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-268. Terry Bordelon, et al, Petitioners v. Eddie Lee Mar- shall. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-271. Ray J. Belisle. et al., Petitioners v. Ralph C. Anzivino, Trustee of the Bankruptcy Estate of Oliver Plunkett, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-273. Terrance 0. Jackson, Petitioner v. County of Wayne,

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

No. 89-281. Kenneth Keel, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-300. William George, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 89-307. Walton Sutherland, Petitioner v. United States Postal

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

No. 89-309. Seven Star, 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. 89-310. Jay Manifold, et al., Petitioners v. Roy D. Blunt, Secre- tary of the State of Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-313. Richard Woods, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-315. Michael S. Robertson, Petitioner v. Gaston Snow, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massa- chusetts denied.

No. 89-318. Richard M. Barancik, Petitioner v. County of Marin, California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-332. General Teamsters, Warehousemen and Helpers Union,

Local 890, Petitioner r. J. R. Norton Company. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. TUESDAY. OCTOBER 10. 1989 109

No. 89-340. Russell E. Lerman, Petitioner v. City of Portland, Maine. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-341. William E. Grader, Petitioner v. City of Lynnwood. Petition for writ of certiorari to the Court of Appeals of Washington,

Division 1, denied.

No. 89-347. David McKivitt Williams, Petitioner v. Alice Dvoskin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-348. Jack L. Hargrove Builders, Inc. and Jack L. Hargrove,

Petitioners v. John F. Rosch. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-360. Dennis L. Land, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-406. Chester W. Campbell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-408. Carolyn V. Joyce, Petitioner v. Robert Casey, Governor of Pennsylvania, and William Donald Schaefer, Governor of Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-420. Jesse M. Musliu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-421. Demos Realty, Petitioner v. Minneapolis Community Development Agency. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 89-446. Merle Edward King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5042. Jeffrey Benzel, Petitioner v. Gary Grammer, individually and as Warden of Nebraska State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5056. Vincent Frank Silvaggio, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. 110 TUESDAY. OCTOBER 10. 1989

No. 89-5096. Paddy Daniel Franks and Perry Franks, Petitioners v. Jack Harwell, Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5178. Jeffery B. Mosier, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5184. Albert Leonard Rutherford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5187. Michael A. Cannizzaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5216. Patrick James Campbell, Petitioner v. Jack McCor- mick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5249. Willie F. Smith, Petitioner v. Norman Butler, Superin- tendent, Massachusetts Correctional Institution at Norfolk. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5252. Salvatore Salamone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5291. Marilyn Lufkin, Petitioner v. Nassau County Police

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

No. 89-5309. Lyle H. Prenzler, Petitioner v. Louis W. Sullivan, Sec- retary 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. 89-5314. Marilyn Lufkin, Petitioner v. Shell Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5315. George Charles Haddad, III, Petitioner v. Steve Puckett, Superintendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5320. Wayne Edwards, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 89-5321. Harold Henderson, Petitioners. Bill Clinton, Governor

of Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY. OCTOBER 10. 1989 111

No. 89-5326. William Boyd, Jr., Petitioner v. Village of Wheeling,

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

No. 89-5330. Anthony John Veneri, Jr., Petitioner v. Robert P. Casey, Governor of Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5334. Bruce W. Haupt, Petitioner v. Board of Professional Responsibility, District of Columbia Court of Appeals. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5335. Charles Otis Herring, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied.

No. 89-5336. Adonis K. Andrews, Petitioner v. John J. Dahm, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5337. Robert A. Gallagher, Petitioner v. Howard Hall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5344. Derek Vinson, Petitoner v. Ted Watkins. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5349. Ademola Michael Ogunleye, Petitioner v. Steve Har- gett, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5350. Abraham T. Yang, Petitioner v. Daniel McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5354. Stanley Wiggins, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5363. James Amar Davis, Petitioner v. Charles Scully, Superintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5364. Michael E. Donati, Petitioner v. Larry Jarvis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5367. Rodney F. Bates, Jr., Petitioner v. John F. Callinan. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. 112 TUESDAY. OCTOBER 10. 1989

No. 89-5369. Jack L. Bonds, Petitioner v. Jim Wharton, Superin- tendent, Men's Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5370. Ralph L. Clifford, Petitioner v. Arlette Miller. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 89-5371. Rufus Azania Averhart, aka Zolo Agona Azania, Peti- tioner v. Walter E. Martin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No- 89-5377. Derek Vinson, Petitioner v. Texas Board of Correc- tions, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5379. John B. Dempsey, Petitioner v. Somerville Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5381. Robert John Garcia, Petitioner v. James Rowland, Di- rector, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5384. Laurence Hurd, Petitioner v. Donald Dorsey, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5387. Ernest Perkins, Petitioner v. Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 89-5389. Jerry Young, Petitioner v. John Patterson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5390. Otis Rodgers, Petitioner v. H. K. Russell, Superintend- ent, Lima Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5391. Christopher Martin, Petitioner v. City of Tulsa. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-5393. Anthony Riggins, Petitioner v. Norris McMackin, Superintendent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5400. Charles E. Lockert, 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. TUESDAY, OCTOBER 10, 1989 113

No. 89-5402. George Malcolm, Petitioner v. Bob Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5405. Catherine A. Croy, Petitioner v. Department of Trans- portation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-5410. Richard Wojtczak, Petitioner v. Thomas A. Fulcomer,

Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5416. Robert Sanders, Petitioner v. Myrna Trickey, Superin- tendent, Missouri Eastern Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 89-5417. Jerry Walters, Petitioner v. Barry Gaither, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5418. Gregory J. Long, Petitioners. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 89-5425. Joseph W. Grant, Petitioner v. Robert Farnsworth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5429. John Dempsey, Petitioner v. United States Attorney, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5456. Bilal Ali Salam, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5458. Aaron J. Gallaway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5459. Nathaniel Sims, Petitioner v. James Sullivan, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5462. Richard Hardin, Petitioner v. Boyd Circuit Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5471. Bruce Thomas Wayne, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 114 TUESDAY. OCTOBER 10, 1989

No. 89-5472. Derek Tano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5480. George Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5486. Aldo Corona Castro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5490. Harry David Tyler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5491. Carl William Cleveland and Alfred Rodriguez, Petition- ers v. United States; and

No. 89-5494. Jose E. Esmende, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5500. Vernon Lee Branham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5501. Herschel Cecil Brown, Petitioner v. American Express Travel Related Services Company, Inc. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 89-5507. William Hughes, Petitioner v. John Jabe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5508. Reuben R. Larson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5511. James Casiano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5514. Juan A. Acosta-Cazares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5523. Peter Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. TUESDAY. OCTOBER 10. 1989 115

No. 89-5525. Juan Tanner, Petitioner v. Jack Duckworth, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5530. Vincent F. Zarrilli, Petitioner v. Paul Garrity, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5536. Bobby James Leach, aka B. L. Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5544. William Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5550. Louis Gorenc, Petitioner v. Salt River Project Agricul- tural Improvement and Power District. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5556. Kerry Brown-Bey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5558. Jan M. Brooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5559. Arthur King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 87-7191. Max Alexander Soffar, 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. 88-7465. Herbert A. Underwood, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-219. Gary Leon Brown, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5083. Toby Lynn Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-5110. Stanley Lingar, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall. 116 TUESDAY. OCTOBER 10, 1989

No. 89-5193. Victor Kennedy, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5245. Arthur James Julius, Petitioner v. Charlie Jones, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 89-5256. Frank Guinan, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5442. Carlos DeLuna, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5496. James Willie Cochran, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-1756. L. Steven Piatt, Petitioner v. United States Court of Appeals for the Seventh Circuit, et al. The motion of Chicago Council of

Lawyers for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 88-1937. Edward G. Jones, Petitioner v. Celotex Corporation, 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 Fifth Circuit denied. No. 88-1981. Frank DeRango, John DeSimone, Robert Eatman, Wil- liam Guide, William Haas, Joseph Pena and Dennis Smentek, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 88-7142. Tito Juan Pino-Perez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 88-2129. Kentucky, Petitioner v. Wesley N. Turner, III. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Kentucky denied. TUESDAY. OCTOBER 10. 1989 117

No. 88-2133. Commissioner of Internal Revenue, Petitioner v. George Prussin, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White, Justice Blackmun and Justice Kennedy would grant certiorari.

No. 88-2137. Michael McMonagle, et al., Petitioners v. Northeast Women's Center, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice White.

No. 88-6986. David Oreski, Petitioner v. United States District Court, Western District of Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice White would grant certiorari.

No. 89-234. Jake Crater, Sr., Petitioner v. Mesa Petroleum Com-

pany, et al. Petition for writ of certiorari to the Court of Appeal of Lou- isiana, Third Circuit, denied. Justice White would grant certiorari.

No. 89-259. Peter Demosthenes, Warden, Petitioner v. Jimmy Neuschafer. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 88-7294. Ovie L. Duncan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting opinion by Justice White.

No. 88-7388. Jane Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Brennan, Justice White and Justice Blackmun would grant certiorari.

No. 88-7503. Carlos A. Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Opinion by Justice Stevens respecting the denial of the petition for a writ of certiorari.

No. 89-5148. Johnny Watkins, Jr., Petitioner v. Edward Murray, Director, Virginia Department of Corrections. The petition for a writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan. Dissenting opinion by Justice Marshall.

No. 89-5327. Thomas A. Schiro, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Opinion by Justice Stevens respecting the denial of the petition for a writ of certiorari. Dissenting statement by Justice Brennan and Justice Marshall. 118 TUESDAY. OCTOBER 10. 1989 Habeas Corpus Denied

No. 89-5542. In Re Pearly Wilson, Petitioner. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 89-5318. In Re Irving R. Jorgenson, Petitioner; No. 89-5409. In Re Lum Ogden, Petitioner; and

No. 89-5411. In Re Olayinka Sobamowo, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

Prohibition Denied

No. 89-5404. In Re Paul Palmer, Petitioner. The petition for writ of prohibition is denied. Rehearings Denied

No. 88-5751. Gregory Van Cleave, Petitioner v. Indiana;

No. 88-5957. Richard E. Grant, Petitioner v. California;

No. 88-5981. Michael Allen Williams, Petitioner v. California;

No. 88-6341. William George Bonin, Petitioner v. California; and

No. 88-6767. Seymour Pollack, Petitioner v. United States. The motions for leave to file petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, October 16, 1989 until Monday, October 30, 1989.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Martin S. Allen Boston, MA Carl K. King Rose Fay Arfa Los Angeles, CA Marcia Cheryl Levine Peter L. Bargmann Dallas, TX Ennis E. Walden Joseph Nathaniel Baron Miami, FL William Harmen Sned Jr. Frank G. Becker Southfield, MI Mark Granzotto Michael Henry Bloom Portland, OR Nick Chaivoe TUESDAY. OCTOBER 10. 1989 119

Applicant City and State Movant

John Robert Bolt Tucson, AZ Francisco Leon Mack Muratet Braly Broken Arrow, Kent L. Jones OK Craig Lawrence Brams Orlando, r L Steven Francis Lengauer Eva Marie Carney Washington, DC Alan Lawrence Cohen

Brian M. Cogan JNew i orK, JN i Alvin K. Hellerstein Ira Jay Cohen Buffalo Grove, IL Howard Bernstein Roger B. Coven Los Angeles, CA Kicnard lhomas Williams Thomas Semmes Dann Washington, DC Alexander winiam uann jr.Tr

LjcLlI 1V1. Udvlb lUdllO r dllb, 1U jonn a.. uomDO Aiireci o. jjonau 111 lucson, a// Francisco Leon

Ernest Hadley Eubanks urianao, r .l Alton Kj. rlttS Cynthia Fenimore uumberlana, MU btuart Kobert Cohen

- David L. Finney Denton, 1a Linda L. Walden T _ _ TT T7_, Joe rl. r oyT Houston, 1a uaroi btoner Vance

Howard A. Funke rocateiio, lu Larry J. Echo riawK

i vonne n*. ocott Urates Lincoln, NE Susan M. Ugai

Kj. o. Uriaeon jr. i\iasnviiie, ii\ Marian Forrest

ildl I loUIl

Palm Wnrhnr FTJT J_/ xjoll i y iv±. vritJiin X dllll ildl UUI , XvUUci L Lj. Ollcdl

xvdLiii ±j. vji doou IDcllLlIIlUi tr , lViU IVlllLIltrll 1 .

1V11I Vlob

PViifQcrn 1 A Qi»rkT> T k yo Yy~i ov vv alLt:l v^l Ucul vjrl ccllUUgll V^IllLdgU, 1J_j ixdl UI1 J . xvi dlllcl Scott J. Grossberg Upland, CA Patrick L. Graves Santiago Gutierrez- San Juan, PR Gabriel Ignacio Armstrong Penagaricano David A. Hoffman Boston, MA John Reinstein John E. Holcomb Akron, OH Robert Edward Kerper Jr. 120 TUESDAY. OCTOBER 10. 1989

Applicant City and State Movant

Richard Kent Holmes Tulsa, OK William Robert Grimm Susan E. Jaffee New York, NY Arthur N. Lambert Stephen A. Kappers Cincinnati, OH L. Barry Cors Gregory J. Kerwin Denver, CO Joel S. Moskowitz Dorothy V. Kibler Raleigh, NC Gary Stephen Parsons Mark C. Landry New Orleans, LA Jennifer N. Willis Patrick John Londrigan Springfield, IL Frederick P. Velde Peter L. Maier Seattle, WA Robert H. Alsdorf Anthony Bennie Marchese Tampa, FL Chandler Robinson Muller Michael James Maslanka Chicago, IL Gilbert C. Schumm Joseph Gerald Monaghan Bergenfield, NJ Michael DeMarrais Paul D. Muller Farmington, MI Mary Sobieraj Rowan Richard C. Nelson Seattle, WA John Stephen Ebel Vincent August Noletto Jr. Mobile, AL Michael Stephen McGlothren Peter Petrakis Chicago, IL James Cunningham Murray Jr. Mark Radnedge Randall Dallas, TX Drew Randolph Heard John Joseph Reilly Mercerville, NJ Michael R. Clancy Maurice S. Reisman Farmington Hills, Jerome C. MI Gropman David Alan Rhodes Sacramento, CA Ward Scott Thorpe Michael Eugene Richardson Chattanooga, TN Ray L. Brock Jr. Kenneth T. Roberts Sr. Indianapolis, IN John Moss Jr. Philip H. Schaeffer New York, NY Macdonald Flinn TUESDAY. OCTOBER 10. 1989 121

Applicant City and State Movant

John Ernest Shank Charleston, WV Jack C. McClung Linda S. Sheffield Atlanta, GA Jerome Joseph Froelich Jr. Douglas Noah Silber Baltimore, MD Paul E. Alpert Michael Nicholas Skoubis Chicago, IL Raymond R. Massucci Rodney K. Smith Columbus, OH Rex E. Lee Noel Francis Stahl Nashville, TN W. Ovid Collins Jr. Sheldon Allen Strand Middletown, OH Leslie Scott Landen Karen Lee Torre New Haven, CT John Roger Williams George Alexander Vaka Tampa, FL Chris William Altenbernd Frederick Lee Vilbig St. Louis, MO Philip Earl Draheim

Robert J. Warner Jr. Nashville, TN Craig J. Donaldson Peter David Winkler Washington, DC Ralph Winkler John William Wylie Miami, FL Jos. W. Womack L. Pat Wynns Washington, DC John O'Brien Clarke Jr. Gerald M. Zelin Salem, NH Edward E. Lawson Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Leslie M. Shaw Washington, DC Roy Walter Shaw

Robert J. Tuider Aiea, HI Ford Robert Cole David Stephen Aulwurm San Francisco, CA Duane Dennis Conover Robert Joseph Mulligan Jr. Philadelphia, PA Madelyn Schwartz Quattrone Brian Thomas Howes Kansas City, MO Michael Aloysius Cain 122 tuesday. october 10. 1989 Oral Arguments

No. 88-952. United States, Appellant v. Sperry Corporation, et al. Argued by Mr. Lawrence G. Wallace for the appellant and by Mr. John D. Seiver for the appellees.

No. 88-124. Lynn L. Breininger, Petitioner v. Sheet Metal Workers International Association Local Union No. 6. Argued by Mr. Francis J. Landry for the petitioner, by Mr. David L. Shapiro for the United States, as amicus curiae, supporting petitioner, by special leave of Court, and by Mr. Laurence Gold for the respondent.

No. 88-5909. Dock McKoy, Jr., Petitioners. North Carolina. Argued by Mr. Malcolm Ray Hunter, Jr., for the petitioner and by Mrs. Joan Herre Byers for the respondent.

No. 88-6222. Scott Wayne Blystone, Petitioner v. Pennsylvania. Ar- gued by Mr. Paul R. Gettleman for the petitioner and by Mr. Ernest D. Preate, Jr., for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. OCTOBER 11, 1989 123 SUPREME COURT OF THE UNITED STATES

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

Admissions to the Bar on Written Motions

Applicant Citv and State Movant

Lillian T. de la Cruz-Torres San Juan, PR Gary David Michaels Anthony M. Rocco Chicago, IL Donald Sargent Honchell Philip B. Zipin Washington, DC Ralph Jason Temple

Oral Arguments

No. 88-512. Michigan, Petitioner v. Tyris Lemont Harvey. Argued by Mr. Timothy A. Baugham for the petitioner and by Mr. Robert M. Morgan for the respondent.

No. 87-1965. Marcus C. Zinermon, et al., Petitioners v. Darrell E. Burch. Argued by Mr. Louis F. Hubener, III, for the petitioners and by Mr. Richard M. Powers for the respondent.

No. 88-599. Washington, et al., Petitioners v. Walter Harper. Argued by Mr. William L. Williams for the petitioners, by Mr. Paul J. Larkin, Jr., for the United States as amicus curiae, supporting petitioners, by special leave of Court, and by Mr. Brian Reed Phillips for the respondent.

No. 88-5050. Daniel Holland, Petitioner v. Illinois. Argued by Mr. Donald S. Honchell for the petitioner and by Ms. Inge Fryklund for the respondent.

Adjourned until Monday, October 16, 1989. x

(JOURNAL) MONDAY. OCTOBER 16. 1989 125 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, and Justice Scalia. 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. 88-928. James M. White, etc., Petitioner v. United States, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. The writ of certiorari is dismissed as improvidently granted. Opinion per curiam announced by the Chief Justice. Justice White dissents. Appeal— Summary Disposition

No. 89-301. John Monroe, et al, Appellants v. City of Woodville,

Mississippi, et al. Appeal from the United States District Court for the Southern District of Mississippi. The judgment is vacated and the case is remanded to the United States District Court for the Southern Dis- trict of Mississippi with instructions to dismiss the appeal as moot.

United States v. Munsi?igwear, hie, 340 U.S. 36 (1950).

Orders in Pending Cases

No. A-246. Consumer Value Stores, Applicant v. Board of Pharmacy of New Jersey. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. D-793. In the Matter of Disbarment of Prince Cartwright, Jr. Disbarment order entered. No. D-796. In the Matter of Disbarment of Glenn Dale Cannon. Dis- barment order entered.

No. D-804. In the Matter of Disbarment of George W. McManus, Jr. George W. McManus, Jr., of Baltimore, Maryland, 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 Au- gust 11, 1989, is hereby discharged. 126 MONDAY. OCTOBER 16. 1989

No. D-812. In the Matter of Disbarment of George Towfick Mahshie. It is ordered that George Towfick Mahshie, of DeWitt, 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-813. In the Matter of Disbarment of Arthur Berlin Kramer. It is ordered that Arthur Berlin Kramer, of Charlotte, North Carolina, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The motion of North Carolina for leave to intervene is referred to the Special Master. The Report of the Special Master on motions to intervene is received and ordered filed.

No. 87-1720. Hubert C. Taylor, Petitioner v. Peabody Coal Com- pany, et al. The motion of counsel for approval of attorney fees of petitioner, Herbert Taylor, is referred to the United States Court of Ap- peals for the Seventh Circuit to determine whether fees are to be allowed at all and then, if so, to determine their amount for the work performed by counsel before this Court.

No. 88-192. McKesson Corporation, Petitioner v. Division of Alco- holic Beverages and Tobacco, Department of Business Regulation of

Florida, et al. The motion of California, et al. for leave to file a brief as amici curiae is granted.

No. 88-1668. Atlantic Richfield Company, Petitioner v. USA Petro- leum Company. The motion of Service Station Dealers of America for leave to file a brief as amicus curiae is granted.

No. 89-353. Jennie Sanchez, et al., Petitioners v. William Bond, et al.

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

Certiorari Granted

No. 89-213. Pennsylvania, Petitioner v. Inocencio Muniz. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Of- fice, granted.

No. 89-258. California, Petitioner v. American Stores Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-275. Cooter & Gell, Petitioner v. Hartmarx Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals MONDAY. OCTOBER 16. 1989 127 for the District of Columbia Circuit granted limited to Questions 1, 3 and 6 presented by the petition. Certiorari Denied

No. 88-1912. Edward Little, Petitioner v. A. L Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2107. Leonard J. Julien, Petitioner v. Henry Zeringue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 88-7348. William Weathersby, Petitioner v. James A. Chrans, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7545. Juan Jose Gonzalez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7564. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7598. Darrell Prows, Petitioner v. Joseph F. Spaniol, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 88-7599. David Ansgar Nyberg, Petitioner r. Florida Depart- ment of Corrections. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 88-7616. Lonnie E. Wolford, Petitioner v. William Armontrout, T W arden. Petition for writ of certiorari to the Supreme Court of Mis- souri denied.

No. 89-142. Nellie Rosco, etc., et al., Petitioners v. County of Los

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

No. 89-157. Pan American World Airways, Inc., Petitioner v. John P. Causey. Jr., Individually and as Executor of the Estate of John P.

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

No. 89-169. Idaho, Petitioner v. Charles I. Fain. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 89-180. City of Garfield Heights, Petitioner v. William Asad. Pe- tition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. 128 MONDAY. OCTOBER 16. 1989

No. 89-287. National Right to Work Legal Defense and Education

Foundation, Inc., Petitioner v. American Federation of State, County and Municipal Employees, AFL-CIO, et al.; and

No. 89-292. Estate of Jack Gilpin, Petitioner v. American Federation of State, County and Municipal Employees, AFL-CIO, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-291. James Nelson Ramsey, Petitioner v. Board of Profes- sional Responsibility of the Supreme Court of Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 89-293. Harold 0. Postma, Petitioner v. District Court of Iowa, Plymouth County. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-294. Elijah Gordon, et al., Petitioners v. Department of Water and Power of the City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-297. Bruce E. Argo, Petitioner v. Robert H. Butler, Sr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-299. Charles W. Kempe, Jr., etc., et al., Petitioners v. Ocean Drilling & Exploration Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-305. Sheryl McGuire, Individually and as Mother and Next

Friend of Mike McGuire, a Minor, Petitioner v. City of Woodward,

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

No. 89-306. Malcolm T. Riley, III, Petitioner v. United Parcel Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-308. Fukoku Kogyo Co., Ltd., et al, Petitioners v. C. Itoh & Co., Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-314. City of Norman, Oklahoma, et al., Petitioners v. Michael W. O'Rourke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-316. City of Montclair, California, Petitioner v. United Art- ists Communications, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. MONDAY. OCTOBER 16, 1989 129

No. 89-319. Nichole Laurence, Petitioner v. Mr. Anonymous, et ux. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-320. National Democratic Policy Committee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-321. Clyde Sandoz Masonry Contractors, Inc. and Griffith

Masonry, Inc., Petitioners v. John T. Joyce, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-325. Andrew P. Dzinglski, Petitioner v. Weirton Steel Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-326. Dorman 0. Young, dba Tiffany's, Petitioner v. Mount

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

No. 89-328. A. 0. Smith Harvestore Products, Inc., et al, Petition- ers v. James D. Saylor, et ux., dba Udder Nonsense Dairy. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-336. Jeffrey Krinsk, Petitioner v. Fund Asset Management,

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

No. 89-338. James Murvel Andrews, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied. No. 89-345. Julianna Kamecki, Administratrix of the Estate of Maria

Kamecki, Deceased, Petitioner v. Nicola A. Smilevsky. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-361. Daniel L. Parrish, Petitioner v. Shelva P. Journigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-367. Lillian Capodagli, Administratrix of the Estate of David

P. Capodagli, Deceased, Petitioner v. Robert D. Wilson. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 89-371. American Steamship Company, Petitioners. Ali Musleh. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 130 MONDAY. OCTOBER 16, 1989

No. 89-391. Charles Raymond Dietz, et ux., Petitioners v. Comptrol- ler of the Treasury, Income Tax Division of the State of Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-413. David Jochen, Petitioner v. Department of Veterans Af- fairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-429. International Commercial Bank of China, Petitioner v. National Bank of Pakistan. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-432. David L. Picou, Petitioner v. Jim Gillum, Sheriff, Pasco County, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-436. Keene Corporation, Petitioner v. Independent School District No. 622, et al. Petition for writ of certiorari to the Court of Ap- peals of Minnesota denied.

No. 89-458. Royce Boddie Badger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-461. Frank J. Camoscio, Petitioner v. Michael S. Dukakis, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5069. Christopher Lee Williams, Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Sec- ond District, denied.

No. 89-5097. Robert Lee Williams, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-5134. Prentiss L. Houston, Petitioner v. Larry Lack, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-5156. Eugene Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5180. Herman B. Morgan, Petitoner v. Norwood Jackson, Commissioner of Correctional Facility, Westchester County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 16. 1989 131

No. 89-5207. Donald W. Dawes and Phyllis C. Dawes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5217. Andre Jones, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied.

No. 89-5218. Hoyt Forester, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5359. Hursey Davis, Petitioner v. Michael O'Leary, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-5366. Lloyd E. Brofford, Petitioner v. United States District Court for the Southern District of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5392. Paul Exzure Cofield, Petitioner v. Robert McCormick Adams, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-5422. Marc Mauricio Morrow, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 89-5424. Derek Vinson, Petitioner v. Texas State Board of Medi- cal Examiners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5426. Ernest Thomas, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-5432. Ronald W. Telepo, Petitioner v. Sally Scheidementel, Superintendent, Adult Diagnostic and Treatment Center. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5445. Fareed Hasan Ansari, Petitioner v. Samuel A. Lewis,

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. 89-5447. Isiah James, Jr., Petitioner v. James M. Morris, Judge,

Circuit Court of South Carolina, Third Circuit, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied. 132 MONDAY. OCTOBER 16. 1989

No. 89-5449. Vincente Bretato Sanchez, Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-5454. Gerald Walker, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-5455. Joe Standley, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5457. Ronald Telepo, Petitioner v. Sally Scheidementel, Su- perintendent, Adult Diagnostic and Treatment Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5461. Daniel K. Johnson, Petitioner v. Jack Heard, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5463. David L. Grasty, Petitioner v. Dale Foltz. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5464. Jaimi Dean Charboneau, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 89-5467. Daniel DeNardo, Petitioner v. Municipality of Anchor- age, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-5468. Lloyd L. Barber, Jr., Petitioner v. Municipality of An- chorage, Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-5469. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5474. Louis Lujan Bonillas, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-5483. Joseph L. Ditta, Petitioner v. Branch Motor Express and Freight Drivers, Helpers, Dockmen and Allied Workers, Local Union 375. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5557. Luis Bianco-Torres, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 16. 1989 133

No. 89-5561. Gilbert Weber, Petitioner v. Los Angeles County De- partment of Children's Services. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-5584. Norman E. Blow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5587. Fred Leckstrom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5590. Eric Leon Gayle and Dalson Bailey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5594. Peter R. Farrell and Paul A. Farrell, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5598. David F. Aubrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5599. Dan G. Mcintosh, Petitoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5604. Matthew L. Toole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5606. J. B. Sattiewhite, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5610. Fairfield Davis, aka "Roy", Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5612. Gareth F. Pickering, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 88-1956. Georgia, Petitioner v. Robert W. Roper. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-151. Idaho, Petitioner v. Jaimi Dean Charboneau. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Idaho denied. 134 MONDAY. OCTOBER 16. 1989

No. 89-176. Idaho, Petitioner v. Richard A. Leavitt. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 89-48. Dewayne Hulsey, Petitioner v. Willis Sargent, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5068. E sequel Banda, 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. 89-5117. Terry D. Clark, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5397. Billy Joe Magwood, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5421. James Randall Rogers, Petitioner v. Ralph Kemp, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-67. S. Robert Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice Blackmun would grant certiorari. No. 89-144. Local Union No. 246, Laborers' International Union of

North America, AFL-CIO, Petitioner v. Bickerstaff Clay Products Co., Inc., et al. The motion for leave to intervene in order to file a petition for writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-335. Robert E. Bormann, et al., Petitioners v. AT&T Com- munications, 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. 89-5072. Richard James Wilkerson, Petitioner v. Texas. The petition for a writ of certiorari to the Court of Criminal Appeals of Texas is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Habeas Corpus Denied

No. 89-5642. In Re Freddie Sparks, Petitioner. The petition for writ of habeas corpus is denied. MONDAY. OCTOBER 16. 1989 135 Admissions to the Bar on Written Motions

Applicant City and State Movant

Samuel Aaron Abady New York NY Chflrlpc;V_y X 1 ell IC^O J.UU1IVTnrcrpnCLdli Jr. David Kruskal Allen Portland OR Birmingham Robert E. Bacharach Oklahoma Citv D Kpnt Mpvpi*^ OK Barbara A. Benner Newport Beach, R. Craig Scott CA Andrew T. Citrin Mobile, AL Joseph M. Brown Jr. Clarence Don Clay Oakland, CA Richard Eric Hove John Edward Corbett Moorestown, NJ Robert S. Lewis Michael Samuel Danian Waukegan, IL Jack Hoogasian Betty L. Dawson Merced, CA Douglas Barkley Cone Walter Dellinger Chapel Hill, NC Robert Paul Mosteller Carol Price Dillingham Norman, OK Susan Stewart Dickerson William J. Dittmeier Kansas City, MO Allen R. Snyder Joseph R. Farris Tulsa, OK John Reuben Woodard III

Chicago, IL Michael J. Hayes

Roger Philip Michael Chicago, IL Michael J. Hayes Flahaven James Michael Gallagher Seattle, WA Raymond W. Haman James Jerome Gallagher Miami, FL Richard M. Welsh Willows, CA Russell L. Van Patten Tasker 0 de Generes Northbrook, IL Mark Crane Michael Fielding Gibson Princeton, WV S.D. Roberts Moore T. Christopher Greene Barre, VT Clarke A. Gravel Susan Lynn Gurny Washington, DC Ian David Lanoff 136 MONDAY. OCTOBER 16. 1989

Applicant City and State Movant

Douglas Edward Hamel Houston, TX John H. Smither William Harlan Hughes Jr. Atlanta, GA Sidney 0. Smith Jr. Paul F. Hultin Denver, CO Edward W. Stern Robert Kenneth Jenkins Jr, Washington, DC Albert Leroy Elder III Daniel Benjamin Kohrman Washington, DC Allen R. Snyder Dennis Kruszynski San Francisco, CA Lee S. Harris Shane Patrick Langston Jackson, MS Wylene W. Dunbar Donald M. Layne Carmel, CA James G. Heisinger Jr. Lawrence Levy Sherman Oaks, Elton Carrington CA Boggan Lucia Ann Lockwood Tulsa, OK William S. Hall III James Robert Logan IV New Orleans, LA James George Derbes James T. Londrigan Springfield, IL James C. Craven Kee Choo Ling Los Angeles, CA John Bury Bartos Donald Jacob Louden Missoula, MT Robert James Phillips Allan Parmelee Mackinnon Washington, DC Peter Harwood Meyers Leslie J. Mackoff Los Angeles, CA Michael John Terhar Gary Lynn McConnell Angleton, TX John Ralph Gilbert Ann Teresa Mclntyre New York, NY Vincent J. Zichello Mark Everett Morrison Harrisburg, PA Clarence C. Morrison Paul L. Nettleton Miami, FL R. Benj amine Reid James Patrick Nugent II Missoula, MT Robert James Phillips David Scott Pallack Los Angeles, CA James M. Rutkowski Anne M. Perone North Plainfield, Judge John J. NJ Gibbons MONDAY. OCTOBER 16. 1989 137

Applicant City and State Movant

Bruce E. Pherson Jr. Los Angeles, CA Jacob J. Stettin Sarah Ann Presson Little Rock, AR Don Michael Huckabay James Bradford Ramsay Sherman, TX J. Robert Ramsay Dan Roland Reaser Carson City, NV D. Brian McKay Kemp A. Richardson Los Angeles, CA Thomas A. Culbertson Marianne Goldstein Milwaukee, WI Gerry M. Miller Robbins Leonard Maxwell Port Washington, Robert Andrew Rosenberg NY Wild Mark William Ryan Washington, DC Richard Joseph Favretto Michael Raymond Santos Lawrence, KS Karen Marie Arnold-Burger John Vincent Saykanic Passaic, NJ Michael Nicholas Pedicini

John Gregory Schnacke Topeka, KS Robert J. Dole Jeffrey Charles Seymour New York, NY Joseph A. Bergadano Irving Winfred Smith Jr. Washington, DC Dale 0. Torrence Marilyn Sneirson Hackensack, NJ Wendy M. Berger Patrick Oliver Sogard Grand Forks, ND John G. Shaft Michael R. Swafford St. Louis, MO Joseph M. Kortenhof Louis Touton Los Angeles, CA Erwin N. Griswold Norton L. Travis Great Neck, NY Robert Andrew Wild Gayle L. Troutwine Portland, OR Michael Lowell Williams L. Mark Walker Oklahoma City, Gary W. Davis OK Kenneth Lee Warsh Sunnyvale, CA David Schnapf Robert James Watson Overland Park, Neil R. Shortlidge KS Richard B. Wilkof Washington, DC Robert B. Robbins 138 MONDAY. OCTOBER 16. 1989

Applicant Citv and State Movant

Hayes Giering Wood Miami, FL Richard Yale Feder

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James E. Parker Seminole, FL Lawrence Gerald Wallace

Thomas Jon Holthus Costa Mesa, CA John J. Gill Nicholas Bybel Jr. Harrisburg, PA George W. Gekas Gary Eugene French Harrisburg, PA George W. Gekas Walter F. Froh Camp Hill, PA George W. Gekas Randall Glenn Gale Harrisburg, PA George W. Gekas John Anthony Hardy Jr. Harrisburg, PA George W. Gekas Deborah A. Hughes Harrisburg, PA George W. Gekas Terrence J. Kerwin Harrisburg, PA George W. Gekas Holly McClure Kerwin Millersburg, PA George W. Gekas John S. Kundrat Harrisburg, PA George W. Gekas Kimber Lynn Latsha Harrisburg, PA George W. Gekas Carolyn Briggs McClain Hershey, PA George W. Gekas Terrence Joseph McGowan Harrisburg, PA George W. Gekas Wayne Martin Pecht Harrisburg, PA George W. Gekas Carrie Scarmeas Pecht Harrisburg, PA George W. Gekas Ben G. Rooke Harrisburg, PA George W. Gekas Steven J. Schiffman Harrisburg, PA George W. Gekas Lori K. Serratelli Harrisburg, PA George W. Gekas Theresa L. Shade Harrisburg, PA George W. Gekas Roger Thomas Shoop Harrisburg, PA George W. Gekas Melinda Suzanne Shoop Harrisburg, PA George W. Gekas Peter James Speaker Harrisburg, PA George W. Gekas George A. Welsh Harrisburg, PA George W. Gekas David A. Wion Harrisburg, PA George W. Gekas Richard H. Wix Harrisburg, PA George W. Gekas Ree Adler Buffalo, NY Lenore Kramer Evelyn Diane Appel White Plains, NY Lenore Kramer Richard A. Benson Forest Hills, NY Lenore Kramer Andrea Jo Berger New York, NY Lenore Kramer MONDAY. OCTOBER 16. 1989 139

Applicant City and State Movant

Mary E. Bisantz Albany, NY Lenore Kramer Carol A. Bogle Poughkeepsie, Lenore Kramer NY William Fredericks Bogle Poughkeepsie, Lenore Kramer Jr. NY Linda Christopher Nyack, NY Lenore Kramer Susan Corcoran New City, NY Lenore Kramer Marilyn P. Davis Pomona, NY Lenore Kramer Kathy A. Demos Monroe, NY Lenore Kramer Marian Cecelia Doherty New York, NY Lenore Kramer JoanneFarber New York, NY Lenore Kramer

Marilyn Shuffman Faust Larchmont , NY Lenore Kramer Kathleen E. Finnegan New York, NY Lenore Kramer Galvez Marian Virginia Genio New Rochelle, Lenore Kramer NY Sydell Joan Green New City, NY Lenore Kramer Jeffrey Steven Green New York, NY Lenore Kramer Barbara Frances Greenberg New York, NY Lenore Kramer Arlene H. Hahn New York, NY Lenore Kramer Marilyn L. Hoffman Rochester, NY Lenore Kramer Sandra C. Katz New York, NY Lenore Kramer Carol Savits Klein Chester, NY Lenore Kramer Carole Princer Levy Scarsdale, NY Lenore Kramer Nadine Sherry Liebhardt New York, NY Lenore Kramer Lorraine Marshall White Plains, NY Lenore Kramer Joan Leary Matthews Albany, NY Lenore Kramer Nancy M. Maurer Albany, NY Lenore Kramer Connie M. Mayer Albany, NY Lenore Kramer G. Kristian Miccio New York, NY Lenore Kramer Eleanor M. Nixon Richmond Hill, Lenore Kramer NY Diane M. O'Leary Hyde Park, NY Lenore Kramer Ileen Joyce Paley Rego Park, NY Lenore Kramer Stuart Alan Rosenthal New York, NY Lenore Kramer Kathy Neubart Rosenthal New York, NY Lenore Kramer Yolanda L. Rudich Staten Island, NY Lenore Kramer Edward M. Schaffer Carmel, NY Lenore Kramer 140 MONDAY. OCTOBER 16, 1989

Applicant City and State Movant

Leslye Milberg Schlesinger New City, NY Lenore Kramer Laurie Faye Shanks Phoenix, AZ Lenore Kramer Patricia A. Smillie-Scavelli Staten Island, NY Lenore Kramer Phyllis Cynthia Solomon New York, NY Lenore Kramer Beverly Folasade Sowande New York, NY Lenore Kramer Leslie E. Stein Albany, NY Lenore Kramer Nancy Rose Stormer Utica, NY Lenore Kramer Toba Beth Stutz Pound Ridge, NY Lenore Kramer Ann M. Williams Rochester, NY Lenore Kramer Golda Zimmerman Syracuse, NY Lenore Kramer

Adjourned until Monday, October 30, 1989 at 10 o'clock. x (JOURNAL) MONDAY. OCTOBER 30. 1989 141 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 88-1601. Pullman-Standard, Inc., Petitioner v. Louis Swint, et al.; and

No. 88-1602. Louis Swint, et al., Petitioners v. Pullman-Standard, et al. On petitions for writs of certiorari to the United States Court of Appeals for the Eleventh 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 Eleventh Circuit for further consideration in light of Patterson v. McLean Credit Union, 491 U.S.

(1989), Wards Cove Packing Company, Inc. v. Atonio, 490 U.S.

(1989), and Owens v. Oknre, 488 U.S. (1989).

Orders in Pending Cases

No. . Robert E. Miller, et al., Petitioners v. Farmers Alliance

Mutual Insurance Company. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-269. Donald Rice, Applicant v. United States. The application for release on bond addressed to Justice Brennan and referred to the Court is denied.

No. A-276. Salvatore J. Pisello, Applicant v. United States. The application for stay addressed to Justice Brennan and referred to the Court is denied. No. D-798. In the Matter of Disbarment of Michael Edwin Zealy. Disbarment order entered.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The motion of the Special Master for allowance of interim fees and dis- bursements is granted and the Special Master is awarded $55,936.76 to be paid equally by the parties.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The interim report of the Special Master is received 142 MONDAY. OCTOBER 30. 1989 and ordered filed. The motion of the Special Master for allowance of compensation and reimbursement of expenses is granted and the Spe- cial Master is awarded $22,200.83 - one-third to be paid by each party.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The motion of Texas for leave to file an amended complaint in intervention is referred to the Special Master.

No. 88-1125. Jane Hodgson, et al, Petitioners v. Minnesota, et al.

The motion of Jeff White, et al. for leave to file a brief as amici curiae is denied. The motion of Stanley John for leave to file a brief as amicus curiae is denied. The motion of Kenneth Fisher for leave to file a brief as amicus curiae is denied. The motion of Herbert Ratner for leave to file a brief as amicus curiae is denied.

No. 88-1400. Franchise Tax Board of California, et al., Petitioners v.

Alcan Aluminium Limited, et al. The motion of respondents for reconsideration of order denying motion for divided argument is denied.

The request of respondents to submit the case on the briefs is denied.

No. 88-1503. Nancy Beth Cruzan, by her parents and co-guardians,

Lester L. Cruzan, et ux., Petitioners v. Director, Missouri Department of Health, et al. The motion of Frances Ambrose for leave to file a brief as amicus curiae is denied. The motion of Ralph Buglioni for leave to file a brief as amicus curiae is denied. The motion of Jack Butler for leave to file a brief as amicus curiae is denied. The motion of Center for

Catholic Policy of the Free Congress Foundation for leave to file a brief as amicus curiae is denied. The motion of Christian Action Council, et al. for leave to file a brief as a mici curiae is denied. The motion of Philip

Dreisbach for leave to file a brief as amicus curiae is denied. The motion of James Dunlap for leave to file a brief as amicus curiae is denied.

The motion of Lawrence J. Frieders for leave to file a brief as amicus curiae is denied. The motion of Mechtild Grothues for leave to file a brief as amicus curiae is denied. The motion of Paul Marx for leave to file a brief as amicus curiae is denied. The motion of J.G. Morriss for leave to file a brief as amicus curiae is denied. The motion of National

Nurses for Life for leave to file a brief as amicus curiae is denied. The motion of Nurses for Life of Missouri for leave to file a brief as amicus curiae is denied. The motion of Pharmacists for Life for leave to file a brief as amicus curiae is denied. The motion of Right to Life League of

Southern California, Inc. for leave to file a brief as amicus curiae is denied. The motion of Herbert Ratner for leave to file a brief as amicus curiae is denied. MONDAY. OCTOBER 30. 1989 143

No. 88-1725. Juan Francisco Venegas, Petitioner v. Michael R. Mitchell. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 88-1932. United States, Petitioner v. German Munoz-Flores. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 88-1951. United States, Petitioner v. Frances L. Dalm. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. The motion for appointment of counsel is granted and it is ordered that Daniel M. Kirwin, Esquire, of Mt. Vernon, Illinois, is appointed to serve as counsel for the respondent in this case.

No. 88-6546. Albert Duro, Petitioner v. Edward Reina, Chief of Po- lice, Salt River Department of Public Safety, Salt River Pima-Maricopa

Indian Community, 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. 88-7146. Jonas H. Whitmore, individually and as next friend of

Ronald Gene Simmons, Petitioner v. Arkansas, et al. The motion of

Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted.

No. 89-65. Fort Stewart Schools, Petitioner v. Federal Labor Rela- tions Authority, et al. The motion of the Acting Solicitor General to dispense with printing the joint appendix is granted.

No. 89-400. David Lucas, et al., Appellants v. Judy Townsend, etc., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-5398. Joseph W. Johnston, Petitioner v. Acting Commis- sioner of Social Security. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 20, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-5700. Andrew Reis, Petitioner v. New York State Housing Finance Agency. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 20, 1989, 144 MONDAY. OCTOBER 30. 1989 within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Ste- vens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Certiorari Granted

No. 88-2018. Illinois, Petitioner v. Edward Rodriguez. Petition for writ of certiorari to the Appellate Court of Illinois, First District, granted.

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 89-390. Pension Benefit Guaranty Corporation, Petitioner v.

LTV Corporation, et al. The motion of Armco, 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.

Certiorari Denied

No. 88-1805. Eastern Nebraska Community Office of Retardation, et al, Petitioners v. Patricia Ann Glover, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-2122. Kathleen Marie Ehrsam, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 88-7409. William B. Prince, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7511. John E. Chapman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7566. Noel S. Brett, aka Michael Wilson, Petitioner v. United States; and No. 88-7586. Hilroy Anthony Grey, aka Holroy Anthony Gray, aka

James R. Monroe, Petitioner v. United States. Petitions for writs of MONDAY. OCTOBER 30, 1989 145

certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-39. George N. Meros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-59. William M. Spigarolo, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-78. Audelio Arzola-Amaya, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-90. Barbara Jungen, Administratrix of the Estate of Alfred

John Jungen, Deceased, et al., Petitioners v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-170. Geary Alan Sosebee, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-171. Anthony DiCarlantonio, Petitioner v. United States; and

No. 89-5641. John Prayso, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-177. Aetna Casualty & Surety Company, Petitioner v. Charles R. McMaster, Jr. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

No. 89-194. Henry Vance, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-200. Mendel E. Ofman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-201. Melvin Deas, Petitioner v. Judith Levitt, New York City

Personnel Director, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-211. Southern Electrical Retirement Fund, Petitioner v. Syl- via Angela Custer. Petition for writ of certiorari to the Court of Ap- peals of Tennessee, Eastern Division, denied.

No. 89-212. 57,261 Items of Drug Paraphernalia, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 146 MONDAY. OCTOBER 30. 1989

No. 89-216. John F. Lavery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-220. James E. Secrist, Petitioner v. Tom Harkin, United States Senator, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-272. Seymour Littman, Individually and as Mayor of the

Township of Millstone, New Jersey, et al., Petitioners v. Richard Gimello, etc., et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-276. Frank E. England, III, Petitioner v. Gwendolyn King, Commissioner, Social Security Administration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-286. Wilma L. Argubright, etc., et al., Petitioners v. Beech Aircraft Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-288. Doubletree, et al., Petitioners v. William D. Hager, Commissioner of Insurance of Iowa, as Liquidator of Iowa National Mu- tual Insurance Company. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-298. Charles Downing, et al., Petitioners v. City of Urbana, ex rel. John C. Newlin, Director of Law. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-331. Albert Alvin Cano, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-334. Philip Ortega, Petitioner v. City of Kansas City, Kansas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-339. Valerie Noel Steele, Petitioner v. 0. C. Noel, Jr., etc., et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-351. Township of Kennedy, Petitioner v. Kenvue Develop- ment, Inc., et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 89-354. Ralph Brown, Personal Representative of the Estate of

Matthew Swan, Deceased, Petitioner v. Jeanne Laitner, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. MONDAY. OCTOBER 30. 1989 147

No. 89-355. Eola L. Moore, Petitioner v. Orleans Parish School

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

No. 89-356. Adelina Cicirello, Petitioner v. New York Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-357. Maria Ross, Petitioner v. Midwest Communications, Inc., dba WCCO Television, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-359. Joe Jack Stewart, Petitioner v. Pearson Lumber Co. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-363. Fadel Smile, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Divi- sion, denied.

No. 89-374. James Earl Ray, Petitioner v. Otie Jones, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-375. Roy R. Torcaso, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-376. General Dynamics Corporation, Petitioner v. Gloria Tre- vino, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-380. Carl P. Caldwell, Petitioner v. Southwestern Bell Tele- phone Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-381. Maine, Petitioner v. Paul Wing and Patricia Magagnoli. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-382. Isiah Smith and Eddie Thompson, Jr., Petitioners v.

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

No. 89-384. Philip J. Brown and William J. Brown, Petitioners v.

1250 Twenty-Fourth Street Associates, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-389. Richard McDonnell, Petitioner v. Episcopal Diocese of Georgia. Petition for writ of certiorari to the Court of Appeals of Geor- gia denied. 148 MONDAY. OCTOBER 30. 1989

No. 89-392. Philip J. Brown and William J. Brown, Petitioners v. 1250 Twenty-Fourth Street Associates, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-395. Dow Chemical Company, Petitioner v. Ann I. Greenhill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-396. John W. Wiggins and Gary R. Adams, Petitioners v. Firestone Tire & Rubber Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-398. Dexter Drake Coffin, III, Petitioner v. Clarence L.

Jackson, Jr., Chairman, Virginia Parole Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 89-399. George Krupa, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 89-402. Roy Guinnane, Petitioner v. City and County of San

Francisco Planning Commission, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-404. Paul C. Maggio, dba Patchogue Nursing Center, Peti- tioner v. Local 1199, Drug, Hospital and Health Care Employees Union, R.W.D.S.U., AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-410. Ann Brooke Christensen, Petitioner v. Minnesota. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-414. John Fred Castella, Petitioner v. John Edward Long, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-415. Leslie H. Brooks, Jr., Petitioner v. Town of Ashland Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 89-416. Linda Parten, Petitioner v. Ford Motor Company, et al Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-417. New Jersey, Petitioner v. Richard J. Bolte. Petition fo writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-423. E. Laursens Maskinfabrik A/S, Petitioner v. Superio Court of California, County of Los Angeles. Petition for writ of certio MONDAY. OCTOBER 30. 1989 149 rari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-425. James Constant, Petitioner v. Hitachi America, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-426. June McGee, Petitioner v. Gordon Treharne, Public Guardian. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied.

No. 89-428. Leo M. Mullen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-437. Scott Robert Diefenbach, et ux., Petitioners v. Washing- ton. Petition for writ of certiorari to the Court of Appeals of Washing- ton, Division 3, denied.

No. 89-439. Davis Oil Company, et al., Petitioners v. William P.

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

No. 89-445. John M. Bruce, Jr., Petitioner v. Harlan & Harlan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-451. Curtis L. Wrenn, Petitioner v. Horace E. Stone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-452. ICG Petroleum, Inc., et al., Petitioners v. United States Department of Energy, et al. Petition for writ of certiorari to the Tem- orary Emergency Court of Appeals of the United States denied.

No. 89-460. Marathon Oil Company, et al., Petitioners v. McMoran

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

No. 89-462. Aldo L. Livera, Jr., et al, Petitioners v. Small Busi- ness Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-467. Leo M. Mullen, Petitioner v. Robert Maxwell, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-470. Soughik Kayzakian, Petitioner v. Charles R. Buck, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 150 MONDAY, OCTOBER 30, 1989

No. 89-493. J. Jerome Olitt, Petitioner v. Departmental Disciplinary Committee for the Appellate Division, Supreme Court of New York, First Judicial Department. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-498. Hellenic Republic, et al., Petitioners v. Rush-Presby- terian-St. Luke's Medical Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-512. Barney J. Tearney, Petitioners Administrator, Federal Aviation Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-518. Peter Pilaski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-539. Joseph Ondrizek, et ux., etc., Petitioners v. Florida De- partment of Health and Rehabilitative Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-541. Edward Nedza, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5062. Dorsey Dean Adams, Jr., Petitioner v. Angelo John,

Sheriff of Namaha County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5088. Richard Bud Britson, Petitioner v. Samuel Lewis, Di- rector, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5101. Buckley Andre Bruner, Petitioner v. Norris McMackin, Superintendent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5109. Dock A. Mack, 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. 89-5135. Billy J. Chambers, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, OCTOBER 30. 1989 151

No. 89-5151. Carol E. LeCrone, etc., Petitioner v. Federal National Mortgage Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5183. James Joseph Ulferts, Petitioner v. Frank Wood, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-5280. Ronnie Lee Alston, Petitioner v. L. E. Dubois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5357. Betsey Warren Lebbos, Petitioner v. State Bar of Cali- fornia, et al. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 89-5372. Edward N. Lawrence, Petitioner v. United States Army (Fort Hood). Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5373. Edward N. Lawrence, Petitioner v. United States Army (Tacom). Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5401. Torris Benson, Petitioner v. Gary Livesay, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5414. Julie 0. Stephens, Petitioner v. Louis W. Sullivan, Sec- retary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5428. Thomas E. Spychala, Petitioner v. Ruth Rushen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5439. Beverly Clark, Petitioner v. Anthony Frank, Postmas- ter General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5473. James G. Gilles, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Fourth District, denied. No. 89-5475. Willie B. Blackmon, aka Willie B. Denson, Petitioners. William Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5479. George Lee Murray, Petitioner v. Robert Tansy, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 152 MONDAY, OCTOBER 30, 1989

No. 89-5481. Robert Gene Turner, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-5487. David L. Manter and Roberta J. Manter, Petitioners v. Town of Fayette. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-5488. Carla Gottlieb, Petitioner v. Abaris Books, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5489. Raymond Tucker, Petitioner v. Charles J. Scully, Su- perintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5492. Allen Evans, Petitioner v. Charles Scully, Superintend- ent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5498. Paul Edward Price, Petitioner v. Brenda Gay Price. Petition for writ of certiorari to the Circuit Court of Mercer County, West Virginia, denied.

No. 89-5499. Lyle H. Prenzler, Petitioner v. County of Orange, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5504. Richard S. Freiberg, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 89-5505. William David Chaires, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 89-5506. Abdul Hakim, Petitioner v. Department of Civil

Rights, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-5509. Kenneth Gregory Thompson, Petitioner v. James A. Collins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5516. Josue Figueroa and Alberto Castillo, Jr., Petitioners v.

Frederick Charles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 30. 1989 153

No. 89-5517. Haddrick Byrd, Petitioner v. Charles H. Zimmerman, Superintendent, State Correctional Institution (and Diagnostic and Classification Center) at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5518. William Melvin White, Petitioner v. Superior Court of the State of California, etc. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-5520. James E. Rivers, Petitioner v. R. V. Turner, Superin- tendent, Glades Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5521. William Michael Stubbins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5522. Felix Olim, Petitioner v. Sears, Roebuck and Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5524. Bart Victor Willoughby, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 89-5526. Billy Joe Linticum, Petitioner v. Herman Davis, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-5528. David C. Brooks, Petitioner v. Johnson & Johnson, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5529. Antonio Jose Franco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5531. Vincent F. Zarrilli, Petitioner v. Diane Marino. Peti- tion for writ of certiorari to the Court of Appeals of Massachusetts denied. No. 89-5533. Antonio Ossandon and Orlando Ossandon, Petitioners v. Swiss Bank Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5537. Royce E. Denton, Petitioner v. Jack Duckworth, Su- perintendent, Indiana State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5538. Steven Wayne Bramlett, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 154 MONDAY, OCTOBER 30, 1989

No. 89-5541. Miriam G. Carpenter, Petitioner v. Jake Philips, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5549. Donna K. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5551. William Carl Bondarenko, Petitioner v. Douglas Bind- erup, et al. Petition for writ of certiorari to the Court of Appeal of Cali- fornia,. First Appellate District, denied.

No. 89-5554. Philip Martinez Perea, Petitioner v. Eloy Mondragon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5555. Anthony Manning, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-5560. Danny Coulter, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5563. Dennis Nelson Fixel, Petitioner v. Nevada Supreme

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

No. 89-5564. Johnny Ray Smith, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-5565. Willie Smith, Petitioner v. James A. Lynaugh. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5566. Barbara Austin, Petitioner v. Sandra Berryman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5567. Randolph Garoux, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-5570. Morris May, Petitioner v. Challenger Communications Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5572. Carl Allen Warmack, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 30. 1989 155

No. 89-5574. Joe Ranger Pickett, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-5576. Don T. Gala, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-5579. Juan S. Gallardo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5581. Kenneth D. Oxborrow, Petitioner v. Kenneth 0. Eiken- berry, Attorney General of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5585. Cecil La'Roy Hall, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-5602. Rodney Williams, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5608. Debro Siddig Abdul-Akbar, Petitioner v. Darcy Wat- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5611. George Jurich, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-5613. Homer Ira Lockhart, Petitioner v. Donald W. Rolling, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5619. Roger Hedlund, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5627. Ralph Joseph Strickler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5631. Mary Katherine Gosho-Kim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5640. Walter A. Read, Petitioner v. Prothonotary, New Cas- tle County, Delaware, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 156 MONDAY. OCTOBER 30. 1989

No. 89-5645. Cal Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5649. Darrow K. Erlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5653. Wilson Fernely Urrego-Linares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5660. Felix L. Carwile, Petitioner v. Stephen T. Smith, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5664. Robert Oakley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5665. Ronald Thornley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5667. Miguel Marquez-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5678. Francesca Vincine Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5681. Victor Santiago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-5685. Debro Siddig Abdul-Akbar, aka Debro Michael Davis,

Petitioner v. Walter W. Redman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5708. Sterling Lee Land, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5711. Marcia Usan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5714. Carl Eugene Hines, aka Geno Hines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. OCTOBER 30. 1989 157

No. 89-5717. Robert Arbeb Shah, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5719. Gabriel Grant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-5721. Magdaleno Izquierdo, Petitioners. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5722. Orazzio Fazzino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5730. Danny Ray Porter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-1449. Korean Air Lines, Petitioner v. Thomas V. Mac- Namara; and

No. 88-1551. Thomas V. MacNamara, Petitioner v. Korean Air Lines. Petitions for writs of certiorari to the United States Court of Ap- peals for the Third Circuit denied. Justice White would grant certiorari.

No. 89-383. Larry Ray Hanson, Petitioner v. Peter N. Arrowsmith, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice White would grant certiorari.

No. 89-45. Hawaii, Petitioner v. Haila Diane Roman. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 89-187. Jack McCormick, Warden and Marc Racicot, Attorney

General of Montana, Petitioners, v. Dewey E. Coleman. 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. 89-247. Colorado, Petitioner v. John Wesley Lacy, Jr. 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. 89-168. Rexall Drug Company, Petitioner v. Elizabeth Tigue, et al;

No. 89-204. E. R. Squibb & Sons, Inc., Petitioner v. Mindy Hymo- witz, et al., and E. R. Squibb & Sons, Inc., Petitioner v. Elizabeth Tigue, et al; and E. R. Squibb & Sons, Inc., Petitioner v. Jane Dolan, et al.; and 158 MONDAY. OCTOBER 30. 1989

No. 89-397. Eli Lilly and Company, Petitioner v. Mindy Hymowitz, et al.; and Eli Lilly and Company, Petitioner v. Jane Dolan, et al. Peti- tions for writs of certiorari to the Court of Appeals of New York denied. Justice O'Connor and Justice Scalia took no part in the consideration or decision of these petitions.

No. 89-365. Earlene Polyak, Petitioner v. Thomas Stack and Henry, Henry & Stack. The motion of petitioner to defer consideration of the petition for a writ of certiorari and to consolidate with other cases is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-5106. Rubin Herrera, Petitioner v. Robert Redman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice Blackmun would grant certiorari.

No. 89-5503. Frederick Lynn, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissenting opinion by Justice Marshall with whom Brennan joins.

No. 89-5385. Johnny Lee Gates, Petitioner v. Walter Zant, Superin- tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5433. Mark Roy Liles, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5510. Arthur D. Rutherford, 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. 89-5535. John Errol Ferguson, or Dorothy Ferguson, individually and as next friend of John Errol Ferguson, Petitioners v. Arthur

I. Snyder, Circuit Judge for the Eleventh Judicial Circuit. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5547. William Andrews, Petitioner v. Eldon Barnes, Warden. Petition for writ of certiorari to the Supreme Court of Utah denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5548. Phillip D. Hallford, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, OCTOBER 30. 1989 159

No. 89-5589. Edward B. Fitzgerald, Petitioner v. Charles E. Thomp- son, Warden. Petition for writ of certiorari to the Court of Appeals of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5741. Darrell Wayne Taylor, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 89-5374. In Re Carla Gottlieb, Petitioner; and No. 89-5705. In Re James Watters, Petitioner. Petitions for writs of mandamus and/or prohibition are denied.

Rehearings Denied

No. 88-5032. Alejandro Gilbert Ruiz, Petitioner v. California; and

No. 88-6190. Donald Williams, Petitioner v. Ohio. The motions for leave to file petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Frank Dounell Able Fort Worth, TX Michael Porter Heiskell Jeffrey Leonard Abrams Philadelphia, PA Richard P. McElroy Jamie Britton Aliperti Culpeper, VA Claire E. Curry Daniel True Andrews Bartow, FL Charles Burchard Curry Judith R. Atkinson Baton Rouge, LA Thomas E. Balhoff Stuart Auchincloss Redwood City, Arnold W. Reitze CA Jr. Jack Babchik New York, NY Joseph A. Bergadano Robert H. Benfield Jr. Atlanta, GA Austin E. Catts Kathleen M. Bilbe New Orleans, LA Ford T. Hardy Jr. Ronald G. Blum New York, NY John McDonald Delehanty 160 MONDAY. OCTOBER 30. 1989

Applicant City and State Movant

Lawrence Paul Blunck Portland, OR Frank H. Lagesen Barbara Aileen Bodager San Francisco, CA B. James Finnegan Heather Briggs Charlotte, VT Richard N. Bland James Craig Brockmann Santa Fe, NM Richard Allan Simms Craig Michael Brown Portola Valley, Peter R. Sherman CA

Richard S. Brownlee III Jefferson City, J. Kent Lowry MO Antonio Cajigas-Llamas Carolina, PR Juan Luis Burgos- Gandia Gloria Esther Colon New York, NY Lani Torres MacDonald Sean Christopher Connors Washington, DC William T. Stephens Corey Scott Cramin Newport Beach, Andrew John CA Guilford Robert D. Daniel Houston, TX Michael S. Wilk Susan Davis New York, NY Stanley M. Berman William Maxie Davis Jr. Charlotte, NC James Elliot Ferguson II

Jack S. Dawson Oklahoma City, George Miller OK Michael David Deming Norcross, GA James W. Oxendine Lawrence S. Drexler Wilmington, DE David A. Drexler George S. Duesdieker San Francisco, CA Waldron A. Gregory Amy Joe Eisenstadt Washington, DC Jean A. Walker John A. Elzufon Wilmington, DE David A. Drexler Eduardo Lachica Encinas Los Angeles, CA Dennis James Landin Anne Endyke North Andover, Victor L. Hatem MA Saralee Elegant Evans New York, NY Norman H. Siegel MONDAY. OCTOBER 30. 1989 161

Applicant Citv and State Movant

Richard D. Ewy Wichita, KS Gerald Sawatzky Linda Denise Fegins Detroit, MI Leona Loretta Lloyd April Rose Wyss Ferguson Memphis, TN Mark Lane Stewart Eugene Field Tulsa, OK Steven E. Smith Herschel P. Fink Detroit, MI Jason L. Honigan Saul R. Friedman Anchorage, AK Hugh William Fleischer William C. Gage Detroit, MI Mark Granzotto Richard Thomas John Paramus, NJ Paul Dennis Garofalo Kreisinger James Anthony Geraghty Oakland, NJ John P. Donohue Richard Neil Gilberg New York, NY Stanley M. Berman Thomas Gene Gilmore San Diego, CA Bruce Allen Ray Philip Scott Gordon Houston, TX Ervin A. Apffel III Edward P. Gray St. Paul, MN Timothy J. Malloy Deborah Greenfield Washington, DC James B. Coppess David Summers Griffiths East Orange, NJ Kenneth S. Levy George James Grochala Roseland, NJ Marc Friedman Samuel H. Gruenbaum Los Angeles, CA Joshua C. Needle Douglas Lanaux New Orleans, LA Kenneth J. Servay Grundmeyer M. Gayle Hafner Hannibal, MO Mitchell Y. Mirviss Kevin Joseph Hallagan Chicago, IL Franklin P. Auwarter Charles Oscar Hanson Tulsa, OK Richard Kent Holmes Connye Yvonne Harper Detroit, MI Jordan Rossen Gerard F. Hempstead St. Louis, MO David F. Yates Ronald A. Herring Lakeland, FL Charles Burchard Curry John Carder Higinbotham Fairmont, WV George R. Higinbotham Jr. James R. Hodge Akron, OH J. Thomas Henretta 162 MONDAY. OCTOBER 30. 1989

Applicant City and State Movant

Carla G. Holste Jefferson City, David Eugene MO Woodside Frances M. Horner Washington, DC John B. Jones, Jr. David George Ironman New York, NY Francis J. Kosman David B. Jaffe Detroit, MI Honorable William H. Rehnquist, Chief Justice of the United States Edward Alan Jeffords Austin, TX Rodney D. Parrott Robert D. Johns Seattle, WA William Robert Hickman James W. Johnson New York, NY Bernard Persky Kindanne Carole Jones Oklahoma City, William Robert OK Burkett G. Kevin Jones Salt Lake City, William Roberts UT Burchill Jr. Randall A. Kan- Layfayette, LA Michael Ray Mangham John F. Keating Jr. New York, NY Peter John McHugh Shirley Ward Keeler Kansas City, MO Allen R. Snyder Ellen Kelman Denver, CO Joseph M. Goldhammer Donald Bruce Keplinger Overland Park, Keith Upham KS Martin Peggy L. Kerr New York, NY Fabian G. Palomino Richard Lyle Krause Wilmette, IL John Joseph Rademacher Brian Lawrence Kuhn Memphis, TN James Minor Tait Jr. Hannah E.M. Lieberman Washington, DC Ellen A. Fredel Bruce Dayton Livingston St. Louis, MO Jim J. Shoemake Timothy J. Londrigan Springfield, IL James C. Craven Harlev K. Look Jr. Denver, CO Robert Raymond Marshall Jr. MONDAY. OCTOBER 30. 1989 163

Applicant City and State Movant

Charles S. Lotsof Honolulu, HI Sherwood M. Snyder Fred B. Lovitch Lawrence, KS John Edwin Matson John Terrell Lynch IV Bedford, TX Frank Warren Hill Mona K. Majzoub Detroit, MI Stephen M. Kelley Linda A. Malone Williamsburg, VA Rodney A. Smolla Marie C. Marcoux Washington, DC Philip J. Hare Michael A. Marks San Francisco, CA B. James Finnegan Marilyn J. Marshall Columbus, OH Judge James L. Graham Philip J. McCarthy Jr. Anchorage, AK Robert Keith Hickerson Nancy Katherine McCoid Seattle, WA Hubert Joseph Merrick Kevin S. McDermott Boston, MA Ralph Joseph Gillis

John E. McEUigott Jr. Lafayette, LA James J. Davidson Jr. David Kent McGowan Jackson, MS Gary L. Boland Charles W. McKay Alta Loma, CA Donald Knerr Bjelke Michael T. McKinney Burlington, KY Virginia Ruth Klette Michelle D. McMurtry Fort Pierce, FL Kendall John Phillips Joseph E. McNeil Burlington, VT John T. Leddy Allen Seidel Mengel Harrisburg, PA Eugene J. Anastasio Barbara Mishkin Washington, DC Walter A. Smith, Jr. Steven James Moeller Lincoln, NE Susan M.Ugai Cary Eden Moritz Philadelphia, PA Sharon L. Steingard Charles Kevin Morrison Tulsa, OK John Thomas Schmidt 164 MONDAY, OCTOBER 30. 1989

Applicant Citv and State Movant

Charles A. Mouton Lafayette, LA John K. Hill, Jr. Robert H. Murphy New Orleans, LA Kenneth J. Servay Anne L. Naczi Wilmington, DE Richard W. Pell

John I. O'Connor Pittsburg, KS Kurtis Ike Loy Pamela A. Okano Seattle, WA William Robert Hickman Paul Rudell Oppegard Moorhead, MN Barry Patrick Hogan Stephen Lawrence Pepper Denver, CO Charles A. Miller T. Marc Perkins San Antonio, TX Barry Snell Taylor Thomas Perry Jr. Demopolis, AL Richard Shannon Manley Bruce Alan Peterson Minneapolis, MN Donald Marion Lewis Louanna Pttay Sacramento, CA Leanne Gurney Douglas M. Phillips Palm Desert, CA Slade Gorton Frederick Joseph Plaeger New Orleans, LA Michael J. Molony II Jr. Stuart Potter New York, NY Raymond L. Fitzgerald Lee D. Powar Cleveland, OH Richard A. Zellner Edwin G. Preis Jr. Lafayette, LA John K. Hill Jr. Barbara Weitzman Ravitz Beverly Hills, CA Kent L. Richland Gail Ann Reisman Los Angeles, CA Alan G. Martin Glenn Lee Rigby Sacramento, CA Benjamin Fredrick Miller Marietta Sebree Robinson Detroit, MI James Kenneth Robinson Kenneth Justin Rose Jackson, MS Robert Bruce McDuff Eric Lee Rosenblad Pittsburg, KS Brian John Moline Ellyn S. Roth Washington, DC Helen Gibel Blechman Maurice James Ryan Kansas City, KS Loren L. Taylor Manuel Sanchez Chicago, IL William John Furey Melvyn D. Saperstein Detroit, MI Raymond Horenstein MONDAY. OCTOBER 30. 1989 165

Applicant City and State Movant

Robert William Charleston, WV J.C. Heinlein Jr. Schulenberg III Harvey A. Schwartz Boston, MA Roberta Thomas Brown Jay Alan Sekulow Atlanta, GA Thomas Patrick Monaghan Elliot Silverman New York, NY Robert Gold L. Marshall Smith St. Paul, MN Samuel G. Jackson Jr. Martha Riegel Smith Halifax, PA William Warren Shakely Stuart H. Sojcher Boston, MA Steven David Singer Cynthia Louise Spell Baltimore, MD Andrew H. Baida Timothy D. St. Clair Columbia, SC Jeter E. Rhodes, Jr. Richard Such Palo Alto, CA Matthew Henry Zwerlmg T"*l '1 111' 1~\ A Thomas D. Sutton Philadelphia, PA Deborah Harris Kevin M. Sweeney Washington, DC Robert L. Cope Paul 0. Taylor Minneapolis, MN Louis J. Wade Jack W. Taylor Arlington, TX Laurance L. Priddy James W. Tilley Little Rock, AR Don Michael Huckaby Brian N. Toder International John A. Cochrane Falls, Michael Allan Urban Pasadena, CA Christopher Michael Laquer Anthony Randall Veneri Princeton, WV Franklin D. Cleckley LaVonna Lee Vice Baltimore, MD Marvin Ellin Craig Stanton Vrabec Cleveland, OH Pete Christopher Elliott Dudley Mack West Nashville, TN Harold D. Hardin Joel Benjamin Wiener Allentwn, PA Howard Alan Wiener Stephen William Wiener Allentown, PA Howard Alan Wiener 166 MONDAY. OCTOBER 30. 1989

Applicant City and State Movant

Randall Craig Wilson Des Moines, IA Mark E. Schantz Cheryl L. Young Norristown, PA Desmond J. McTighe Admissions to the Bar on Oral Motions

Applicant City and State Movant

Murry B. Cohen Houston, TX Allen R. Snyder Michael Joseph Staskus Los Altos, CA Peter D. Laxalt Alan Reed Mayberry Bowling Green, Richard Dennis OH Holcomb Leslie Blair Fried Kensington, MD Judith Dale Heimlich J. Brent Walker Gaithersburg, MD Oliver S. Thomas Kevin Gerals Higgins Carson City, NV Dana K. Sammons Marvin Elster Montgomery Paul Gonson Village, Robert Bishop Redwood City, James Andrew CA Aiello Oral Arguments

No. 88-1150. Missouri, et al., Petitioners v. Kalima Jenkins, et al. Argued by Mr. H. Bartow Farr, III, for the petitioners and by Mr. Allen R. Snyder for the respondents.

No. 88-1198. Federal Trade Commission, Petitioner v. Superior Court Trial Lawyers Association; and

No. 88-1393. Superior Court Trial Lawyers Association, et al. , Peti-

tioners v. Federal Trade Commission. Argued by Mr. Ernest J. Isen- stadt for the Federal Trade Commission and by Mr. Willard K. Tom for

the Superior Court Trial Lawyers Association, et al.

No. 88-6677. Horace Butler, Petitioner v. Kenneth D. McKellar, Warden, et al. Argued by Mr. John H. Blume for the petitioner and by Mr. Donald J. Zelenka for the respondents.

No. 88-1640. Michigan Citizens for an Independent Press, et al., Pe-

titioners v. Dick Thornburgh, Attorney General of the United States, et al. Argued by Mr. William B. Schultz for the petitioners and by Mr. Thomas W. Merrill for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. OCTOBER 31, 1989 1 67 SUPREME COURT OF THE UNITED STATES

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

Admission to the Bar on Oral Motion

Applicant City and State Movant

Randolph Grant Bachrach Phoenix, AZ Michael A. Hess

Oral Arguments

No. 88-1374. Jimmy Swaggart Ministries, Appellant v. Board of Equalization of California. Argued by Mr. Michael W. McConnell for the appellant and by Mr. Richard E. Nielsen for the appellee.

No. 88-1319. Commissioner of Internal Revenue, Petitioner v. Indi- anapolis Power & Light Company. Argued by Mr. Lawrence G. Wal- lace for the petitioner and by Mr. Larry J. Stroble for the respondent. No. 88-1569. Richard H. Austin, Michigan Secretary of State and

Frank J. Kelley, Michigan Attorney General, Appellants v. Michigan Chamber of Commerce. Argued by Mr. Louis J. Caruso for the appellants and by Mr. Richard D. McLellan for the appellee.

No. 88-926. North Dakota, et al., Appellants v. United States. Ar- gued by Mr. Nicholas J. Spaeth for the appellants and by Mr. Michael R. Lazerwitz for the appellee.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, NOVEMBER 1, 1989 169 SUPREME COURT OF THE UNITED STATES

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

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Sandra Dianne Howard Oklahoma City, Robert Allen OK Nance Leslie Diane Rasmussen Pasadena, CA Scott David Rasmussen Michael Angelo Martin Wheaton, MD Hyman Neil Garson

Oral Arguments

No. 88-1264. James Saffle, Warden, et al., Petitioners v. Robyn Leroy Parks. Argued by Mr. Robert A. Nance for the petitioners and by Ms. Vivian Berger for the respondent.

No. 88-1076.. J. Paul Preseault, et ux., Petitioners v. Interstate

Commerce Commission, et al. Argued by Mr. Michael M. Berger for the petitioners, by Mr. Brian J. Martin for the federal respondents, and by Mr. John K. Dunleavy for the state respondents.

No. 88-1400. Franchise Tax Board of California, et al., Petitioners v. Alcan Aluminium Limited, et al. Argued by Mr. Timothy G. Laddish for the petitioners and by Mr. Lawrence A. Salibra, II, for the respondents.

No. 88-1474. United States, Petitioner v. Goodyear Tire and Rubber

Company and Affiliates. Argued by Mr. Alan I. Horowitz for the petitioner and by Mr. Barring Coughlin for the respondents.

Adjourned until Monday, November 6, 1989 at 10 o'clock. x

(JOURNAL) MONDAY, NOVEMBER 6. 1989 171 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-401. Cyril H. Wecht, President of the Allegheny County

Board of Prison Inspectors, et al., Petitioners v. Inmates of the Alle- gheny County Jail, et al. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of University of Texas v. Camenisch, 451 U.S. 390 (1981).

Orders in Pending Cases

No. — Ratinavelu Ramachandran, Petitioner v. Secretary of the Navy. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Larry David Stocks, Petitioner v. United States. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of- time, is denied. Justice Blackmun dissents and would grant the motion.

No. D-814. In the Matter of Disbarment of Zale A. Bernstein. It is ordered that Zale A. Bernstein, of Fort Lauderdale, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-815. In the Matter of Disbarment of Paul Shimek, Jr. It is ordered that Paul Shimek, Jr. , of Pensacola, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-816. In the Matter of Disbarment of Robert Thomas Chan- dler. It is ordered that Robert Thomas Chandler, of Spokane, Washing- ton, be suspended from the practice of law in this Court and that a rule 172 MONDAY, NOVEMBER 6, 1989 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-817. In the Matter of Disbarment of Phillip Singer. It is ordered that Phillip Singer, of Beverly Hills, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-818. In the Matter of Disbarment of Edwin S. Saul. It is ordered that Edwin S. Saul, of Encino, 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-819. In the Matter of Disbarment of Timothy Theodore Chang. It is ordered that Timothy Theodore Chang, of El Segundo, 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-820. In the Matter of Disbarment of John Joseph McDonnell.

It is ordered that John Joseph McDonnell, 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-821. In the Matter of Disbarment of Alfred Elliott. It is ordered that Alfred Elliott, of Overland Park, Kansas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-822. In the Matter of Disbarment of Alan Masters. It is ordered that Alan Masters, of Summit, 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-823. In the Matter of Disbarment of Edward John Winter, Jr. It is ordered that Edward John Winter, Jr., 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-824. In the Matter of Disbarment of Kenneth H. Hopp. It is ordered that Kenneth H. Hopp, of Yucaipa, California, be suspended from the practice of law in this Court and that a rule issue, returnable MONDAY, NOVEMBER 6, 1989 173 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-825. In the Matter of Disbarment of David Solomon Koslow. It is ordered that David Solomon Koslow, of Los Angeles, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-826. In the Matter of Disbarment of Leon J. Rudd. It is ordered that Leon J. Rudd, of Boca Raton, 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-827. In the Matter of Disbarment of John P. Coghlan, Jr. It is ordered that John P. Coghlan, Jr., 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. 87-2012. FW/PBS, Inc., dba Paris Adult Bookstore II, et al., Pe- titioners v. City of Dallas, et al.;

No. 87-2051. M.J.R., Inc., et al, Petitioners v. City of Dallas; and

No. 88-49. Calvin Berry, III, et al., Petitioners v. City of Dallas, et al. The motion of petitioners M.J.R., Inc., et al. for leave to file a supplemental brief after argument is granted. The request of petitioners FW/PBS, Inc., et al. for leave to join the supplemental brief is granted.

No. 87-2066. W. S. Kirkpatrick & Co., Inc., et al., Petitioners v. Environmental Tectonics Corporation, International. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 88-325. American Trucking Associations, Inc., et al., Petitioners v. Maurice Smith, Director, Arkansas Highway and Transportation De- partment, et al. The motion of respondents for leave to file a brief on reargument is granted. No. 88-493. University of Pennsylvania, Petitioners. Equal Employ- ment Opportunity Commission. The motion of President and Fellows of Harvard College for leave to file a brief as amicus curiae is granted. No. 88-1503. Nancy Beth Cruzan, by her parents and co-guardians,

Lester L. Cruzan, et ux.. Petitioners v. Director, Missouri Department of Health, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. 174 MONDAY, NOVEMBER 6. 1989

No. 88-1943. Office of Personnel Management, Petitioner v. Charles Richmond. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 88-2043. Gerald L. Baliles, Governor of Virginia, et al., Petition- ers v. Virginia Hospital Association. The application for stay of District Court proceedings presented to the Chief Justice and by him referred to the Court is denied.

No. 88-6546. Albert Duro, Petitioner v. Edward Reina, Chief of Po- lice, Salt River Department of Public Safety, Salt River Pima-Maricopa

Indian Community, et al. The motion of Rosebud Sioux Tribe, et al. for leave to file a brief as amici curiae is granted.

No. 88-6613. Richard Boyde, Petitioner v. California. The motion for appointment of counsel is granted and it is ordered that Dennis A. Fi- scher, Esquire, of Santa Monica, California, is appointed to serve as counsel for the petitioner in this case.

No. 88-7164. Terry Brice Horton, Petitioner v. California. The motion for appointment of counsel is granted and it is ordered that Juliana

Drous, Esq., of San Francisco, California, is appointed to serve as counsel for the petitioner in this case.

No. 88-7194. Arthur Lajuane Taylor, Petitioner v. United States.

The motion for appointment of counsel is granted and it is ordered that

Bruce Livingston, Esquire, of St. Louis, Missouri, is appointed to serve as counsel for the petitioner in this case.

No. 89-189. James R. Ricketts, Director, Arizona Department of

Corrections, et al., Petitioners v. Jimmie Wayne Jeffers. The motion for appointment of counsel is granted and it is ordered that James S. Liebman, Esquire, of New York, New York, is appointed to serve as counsel for the respondent in this case.

No. 89-243. Eli Lilly and Company, Petitioner v. Medtronic, Inc. The application for recall and stay of mandate of the United States Court of Appeals for the Federal Circuit addressed to the Chief Justice and referred to the Court is denied. Justice O'Connor took no part in the consideration or decision of this application.

No. 89-641. Richard Garnett, etc., et al., Petitioners v. Renton

School District No. 403, et al. The motion of petitioners to expedite consideration of the petition for certiorari is denied.

No. 89-5614. Donn Emery Hopkins, Petitioner v. Arizona Depart- ment of Real Estate, et al. The motion of petitioner for leave to proceed MONDAY. NOVEMBER 6. 1989 175 in forma pauperis is denied. Petitioner is allowed until November 27, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice

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

No. 89-5728. Otto A. Preuss, Petitioner v. District of Columbia, et al. The application for stay addressed to Justice Brennan and referred to the Court is denied.

Certiorari Granted

No. 89-98. Harold Davis, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-474. William V. Grady, District Attorney of Dutchess

County, Petitioner v. Thomas J. Corbin. Petition for writ of certiorari to the Court of Appeals of New York granted.

No. 89-431. Yellow Freight System, Inc., Petitioners. Colleen Don- nelly. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 88-2085. Local 30, United Slate, Tile and Composition Roofers, etc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 88-7300. Atwell Junior Conner, Petitioner v. Director of Divi- sion of Adult Corrections, State of Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7322. Karl Stumpf, Petitioner v. Commissioner, Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 88-7477. Roosevelt C. Bentley, Petitioner v. Norman A. Carl- son, Former Director, Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 176 MONDAY. NOVEMBER 6. 1989

No. 88-7607. Julian Ray Johnson. Petitioner v. James A. Lynaugh. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7611. Thomas Johnston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-34. Jimmy Barrios-Moriera, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-47. Dwight Coleman, et al., Petitioners v. Clayton K.

Yeutter, Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-73. Kenneth M. Jaffee, Petitioner v. United States. Petition for wit of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-75. Carla J. Parrillo, Petitioner v. Justin Parrillo. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 89-127. Philip Randy Castiglione, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-175. Paul Evans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-179. Town of Beech Mountain, North Carolina, et al, Peti- tioners v. County of Watauga, North Carolina, et al. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 89-196. Railroad Commission of Texas, Petitioner v. Fedei'al Energy Regulatory Commission; and

No. 89-394. Walker Operating Corporation, et al., Petitioners v. Federal Energy Regulatory Commission. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-237. William George Payne, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-246. Arnold Squittieri and Alphonse Sisca, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. NOVEMBER 6. 1989 177

No. 89-264. Ricky Durham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-274. Greenleaf Motor Express, Inc., 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. 89-283. Amy Travel Services, Inc., et al., Petitioners v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-329. National Tool and Manufacturing Company Inc., Peti- tioner v. Vincent LePore. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-342. Wilson Robert Sherman, Petitioner v. Nissan Motor

Corporation, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-372. Amanda Acquisition Corporation, Petitioner v. Univer- sal Foods Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-434. Archie Julien, Petitioner v. Agnes S. Baker. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied.

No. 89-457. Billy McClure, et ux., Petitioners v. Jefferson Arms Corporation. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 89-463. Thomas W. Tierney, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 89-466. Gabriel A. Maalouf, Petitioner v. Samir Kazan. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-491. American Investors of Pittsburgh, Inc., et al., Petition- ers v. United States; and

No. 89-520. Alan Zytnick, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-495. Juliet Baird Alexander, Petitioner v. Massachusetts Labor Relations Commission. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. 178 MONDAY, NOVEMBER 6. 1989

No. 89-499. Richard K. Firth, et al. , Petitioners v. Solgar Maryland Realty, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-509. City of Philadelphia, et al, Petitioners v. Geraldine Walmsley, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-526. Gladys Rivera del Socorro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-587. Kenny Roper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5057. James Volanty, Petitioner v. James A. Lynaugh, Direc- tor, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5067. Michael J. Fields, James P. Bramble and Vincent Mac-

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

No. 89-5102. Theodore L. Johnson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5175. Marco L., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5191. Robert Allen Williams, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-5304. Melvin Sedillo, Petitioner v. George E. Sullivan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-5348. Johnny Mack Sturdivant, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied.

No. 89-5361. Joe Bertram, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5380. Stephen F. Burrell, Petitioner v. Larry Stock, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. NOVEMBER 6. 1989 179

No. 89-5403. Joseph Adeniran Obalaja, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5532. Anthony M. Laurenco, Petitioner v. Louis W. Sullivan, Secretary, Department of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5571. Joseph S. Chicco, Petitioner v. Radio Station WBSM, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 89-5573. Rufus Fleming, Jr., Petitioner v. Martin Makel, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-5577. Aaron B. Scruggs, Petitioner v. Alfred Moellering, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5582. John Robert Demos, Jr., Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-5583. David Rawson Harkrider, Petitioners. Patrick J. Sulli- van, Sheriff of Arapahoe County, Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5588. Miguel Rodriguez, Petitioner v. Walter Kelly, Super- intendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5592. Harold Asch, et ux., Petitioners v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5597. Ronald W. Telepo, Petitioner v. Leonard Arnold, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5607. Ralph M. Lepiscopo, Petitioner v. Frederick M. Mow- rer, Judge, District Court of New Mexico, Second Judicial District, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-5625. Freddie Ospina-Villa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 180 MONDAY, NOVEMBER 6, 1989

No. 89-5639. Kathleen Elaine Sparks, Petitioner v. Roger B. Sparks. Petition for writ of certiorari to the Court of Appeals of Missouri, East- ern District, denied.

No. 89-5643. Raul Darroman, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5646. Russell J. Myers, Petitioner v. Iberia Parish Council,

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

No. 89-5652. Wallace S. Birdwell, Petitioner v. Linda McMahon, et

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

No. 89-5663. Fernando Gallardo and Herbert Sperling, Petitioners v.

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

No. 89-5668. Michael Boren, aka Michael Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5671. Lawrence Lowe, Petitioner v. H. Gary Wells, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5673. Gilbert Nieto, Petitioner v. George Sullivan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5677. Donald E. Smith, Petitioner v. Pennsylvania Unem- ployment Compensation Board of Review. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-5682. Erroll R. Simmons, Petitioner v. James A. Lynaugh,

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. 89-5687. Allen Tyree and Joseph A. Bonaci, Petitioners v. Rich- ard Thornburgh, Attorney General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-5693. James Kerris, Petitioner v. United States Court of Ap- peals for the Eleventh Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, NOVEMBER 6. 1989 181

No. 89-5695. Orlando Cordero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5696. John S. Rigdon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5716. Joann Nichols Cordeiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-5744. Roger Justice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5750. Jose de los Santos Himitola, Walber Meza Navarro, Pe- dro Guerrero, and Alfonso Gonzalez, Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-5760. Gilmar Salas Morales, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5764. John Fritz, Petitioner v. George E. Barker, Judge,

Kentucky Circuit Court at Fayette, et al. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-5766. Connie L. Monson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 88-1042. Antonio Deinde Fernandez, Petitioner v. Barbara J. Fernandez. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Blackmun would grant certiorari.

No. 89-280. Estate of Daniel Leavitt, Deceased, 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 White would grant certiorari.

No. 89-282. Combined Insurance Company of America, Petitioner v. Thomas Ainsworth. Petition for writ of certiorari to the Supreme Court of Nevada denied. Justice White would grant certiorari. No. 89-440. Debby Clardy, Executrix of the Estate of Eugene Clardy, deceased, and Clardy Realty, Inc., Petitioners v. Martha Hoff- man Sanders. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice White would grant certiorari. 182 MONDAY. NOVEMBER 6, 1989

No. 89-441. Rosemary Menard-Sanford, et al., Petitioners v. A. H. Robins Company, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Jus- tice White would grant certiorari.

No. 89-442. Alexia Anderson, et al., Petitioners v. Aetna Casualty and Surety Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 89-456. Vintage Enterprises, Inc., Petitioner v. Wayne Jaye, et ux. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice White would grant certiorari.

No. 89-295. Cathy Yvonne Stone, Petitioner v. Hank Williams, Jr., 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 Second Circuit denied.

No. 89-5279. Charles Frances West, Jr., Petitioners. United States. 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. 89-5634. Eugene Wallace Perry, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 89-584. In Re John R. Marik, Petitioner. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 89-5600. In Re Robert Maker, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 88-6895. Arnold Ray Heightland, Petitioner v. United States;

No. 88-7362. Jessie D. McDonald, Petitioner v. Yellow Cab Metro, Inc.;

No. 88-7364. Richard Ralph Martinez, Petitioner v. New Mexico, et al.;

No. 88-7580. Jessie D. McDonald, Petitioner v. L. Ken Johnson; ;

MONDAY, NOVEMBER 6. 1989 183

No. 88-7609. Lamont J. Mathews, Petitioner v. Louisiana, et al.;

No. 88-7622. Jessie D. McDonald, Petitioner v. Tennessee;

No. 89-5012. Frank R. Sturm, Petitioner v. California;

No. 89-5027. Jessie D. McDonald, Petitioner v. Metropolitan Gov- ernment for Nashville, etc., et al.;

No. 89-5035. Robert Lebern Lucas, Petitioner v. United States;

No. 89-5070. Jessie D. McDonald, Petitioner v. Emezie F. Onoh;

No. 89-5172. David Richard Moon, Petitioner v. Lanson Newsome, et al.

No. 89-5311. Alvin Parker, Petitioner v. Michael D. Parsons, War- den, et al.; and

No. 89-5415. Eugene W. Connelly, Petitioner v. Lester Grossman, et al. The petitions for rehearing are denied.

No. 88-5861. Gary Lee Guzman, Petitioner v. California. The motion for leave to file a petition for rehearing is denied.

No. 88-5988. In Re James L. Martin, Petitioner. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, November 13, 1989 until Monday, November 27, 1989.

Admissions to the Bar on Written Motions

Applicant City and State Movant

David Charles Alford Waco, TX Charles Milton McDonald Terry Lee Armitage Cheyenne, WY Josephine Thatcher Porter Mark G. Ayesh Wichita, KS Malcolm Miller Walker Percy Badham III Birmingham, AL Cathy S. Wright Thomas S. Bala Oklahoma City, Robert Leyton OK Wheeler Douglas Andrew Barry Hanover, VA Eddie R. Vaughn Jr. Robert R. Benson Preston, MN David A. Joerg William Daniel Benton Washington, DC Laurent R. Hourcle' 184 MONDAY. NOVEMBER 6, 1989

Applicant City and State Movant

Elizabeth Black Atlanta, GA R. Lawrence Ashe Jr. Joseph A. Bonventre Detroit, MI Cynthia L.M. Johnson Gail Harnden Boyd Phoenix, AZ Ian Alexander Macpherson Bill Bradley Reno, NV Thomas E. Drendel Andrew T. Brake Denver, CO William E. Myrick Thomas W. Brown Portland, OR Randall Blair Kester Kenneth R. Bruce Pittsburgh, PA R. A. King David A. Bythewood Garden City, NY William C. Jung Jennifer Sue Cady Los Angeles, CA Donald Eugene DeNicola Timothy Alan Carney Tulsa, OK James M. Sturdivant Dennis W. Carroll Los Angeles, CA Steven Hedges Hough Sheila C. Cheston Washington, DC William Truman Lake Joe Denver Childers Monticello, AR Mark Binns Scott Wallace Cichon Daytona Beach, C. Allen Watts FL Laurence Paul Corbett San Francisco, CA Gerald D. Marcus Jeffrey Evan Cosnow Palm Harbor, FL N. David Korones Robert James Curtis Albuquerque, NM Wayne Carl Wolf Paul Anthony Damico Palm Beach, FL Theodore Steve Booras Victoria J. DeGoff Berkeley, CA Richard Sherman Stevan C. Dittman New Orleans, LA Samuel C. Gainsburgh David Meyer Dubin Southampton, NY John F. Shea, III Joyce 0. Eckrem Sacramento, CA Barry A. Zolotar Stephanie Marguerite Silver Spring, MD Vicki Gottlich Edelstein Billy L. Elliott Birmingham, AL Alexander J. Bolla Jr. MONDAY, NOVEMBER 6, 1989 185

Applicant City and State Movant

Paul Christopher Engh Minneapolis, MN Mark W. Peterson Eldon E. Fallon New Orleans, LA Samuel C. Gainsburgh William Bryan Farney Houston, TX Judge Marion T. Bennett David Blakley Fawcett Pittsburgh, PA Samuel W. Braver Michael A. Finio Harrisburg, PA Ronald Martin Katzman Michal Morris Fliegel Birmingham, AL Charles William Gorham

T"> 1a_ * H ITT~\ Nancy Susanne Forster Baltimore, MD George Edward Burns Jr. Jesus F. Fuentes Miami, FL David Novoa- Lopez James Boyce Garland Gastonia, NC Joseph W. Grier Jr. Linda M. Gassaway Waco, TX Merrilee Lafferty Harmon John R. Gerstein Washington, DC Stuart Philip Ross Jack E. Gordon Jr. Claremore, OK G. Nash Lamb Patrick James Grady Costa Mesa, CA Howard C. Hay John Paul Griffin Seattle, WA Stephen L. Nourse David Guest Tallahassee, FL Jonathan Alan Glogau Carey J. Guglielmo Baton Rouge, LA Henry Gerard Terhoeve William Joseph Guzick Washington, DC John Murray Nannes Howard E. Hall Mt. Gilead, OH Randall Eugene Yontz

J. Scott Halverson Phoenix, AZ Ian Alexander Macpherson William D. Hawkland Jr. Lafayette, LA Michael D. Skinner Ronald Lee Hemingway Cincinnati, OH Leonard Williamson David Greer Henry San Antonio, TX David M. Guinn 186 MONDAY. NOVEMBER 6, 1989

Applicant City and State Movant

Harold Samuel Herman New York, NY Lenore Kramer Michael Eric Hersher Sacramento, CA Joseph R. Symkowick Stanley Edward Heyman Westlake Village, J. Dan Olincy CA Gregory P. Huwe St. Paul, MN Alan Issac Gilbert Michael Bruce Hyman Chicago, IL Anthony C. Valiulis Weyman T. Johnson Jr. Atlanta, GA R. Lawrence Ashe Jr. Douglas S. Kaplan Portland, ME Theodore H. Kirchner Deborah McKay Kennedy Chicago, IL Jerome Edward Larkin Allan H. Keown Sacramento, CA Joseph R. Symkowick Robert Dul Sum Kim Honolulu, HI Robert Francis Miller Alan G. Kimbrell St. Louis, MO Mortimer A. Rosecan Terence Leander Kindlon Albany, NY Laurie Faye Shanks John Winfield Klein Irvine, CA Michael J. Steponovich Jr. Herbert R. Kraft Tallahassee, FL Ben Edward Girtman Robert Alden Larsen Aurora, IL William C. Murphy Nancy A. Lauten Tampa, FL Chris William Altenbernd Randolph Marshall Lee Arlington, VA Thomas Marshall Harriet Lewis Miami, FL Henry T. Wihnyk Raul G. Lomas Pasadena, CA Joseph C. Brashares Lewis Kleiman Loss Washington, DC Stuart Philip Ross Joanne Lowe acramento, CA Joseph R. Symkowick Richard W. Lubart Brookline, MA Burton M. Pike MONDAY, NOVEMBER 6. 1989 187

Applicant City and State Movant

T-Tpittv Lv1p<> TVTnntcrompvv AT- J.J.C11 1 J IIIA 1-1 y ICO David Bryson Byrne, Jr. Barbara J. Mandel New York, NY Arthur Argiriou Stephen James Marzen Arlington, VA Solicitor GeneralKenneth Winston Starr Wayne H. Matelski Washington, DC William R. Pendergast Ronald A. May Little Rock, AR Alston Jennings Stenhen S Maver Parsinnanv NJ Theodore W. Geiser Daniel Stoddard McConkie Salt Lake City, Oscar W. UT McConkie Jr. Patrick Timothy Meyers Manhattan Beach, Donovan CA Matthews Main David Allen Miley Oklahoma City, Stanley Joel OK Alexander W. Michael Milom Nashville, TN Harris A. Gilbert Mark J. Newman Atlanta, GA Dale Marvin Schwartz Matthew John Opat Chatfield, MN George 0. Murray Emmanuel Perez Miami, FL Marcelo Curi Randall Wavnp Ouinn Washinfrton DC Rosalind C. Cohen Andrew W Redd Montgomery, AL David Bryson Byrne Jr. .Tn

XVURavmondY XXiWXXVi D*—S o SchildkJvllllvi Boise ID C. Ben Martin Wayne A. Schultz Chester, NJ Ian Jeffrey Hirsch Richard H. Seaton Manhattan, KS John David Conderman Bradley Jay Shafer Okemos, MI Lee J. Klein James M. Sheehan Carlisle, PA Ronald Martin Katzman 188 MONDAY, NOVEMBER 6. 1989

Applicant City and State Movant

James Edward Shepherd Richardson, TX Earl Luna Jane C. Sherburne Washington, DC William Truman Lake Kevin L. Shoemaker Columbus, OH Charles L. Price Carolyn Denise Sims Washington, DC Walter Yates Boyd Jr. Christopher C. Skambis Jr. Orlando, FL Norman Francis Burke Alfred F. Smith Jr. Birmingham, AL H. Thomas Wells Jr. Melvin David Stack Daytona Beach, Lawrence J. FL Nixon Gerald Kingsley Straw Toledo, OH William Gerald Hutcheson Thomas J. Strueber Atlanta, GA Michael J. Athans Matthew William Tomalis Harrisburg, PA Robert Patrick Coyne William James Trussell Pell City, AL Edward Smith Allen Joseph A. Vogel New York, NY John P. McCahey Harold T. Walker Kansas City, KS Steve A. J. Bukaty Frederick L. Warren III Atlanta, GA Arch Stokes Dennis J. Wickham San Diego, CA Elizabeth Ann Smith Richard Wile Pittsburgh, PA Samuel J. Reich Roger D. Wolfertz Sacramento, CA Joseph R. Symkowick Kathleen C. Zimmerman Washington, DC Norman L. Dean Jr. Philip L. Zorn Jr. Cincinnati, OH Arthur Martin Ney Jr. Admissions to the Bar on Oral Motions

Applicant City and State Movant

Rives Kistler Salem, OR David B. Frohnmayer Jerome Lidz Salem, OR David B. Frohnmayer MONDAY. NOVEMBER 6. 1989 189

Applicant City and State Movant

Shirley Cannon Munch Los Angeles, CA Dean Suter Clatterbuck Ralph Earl Wilson Middletown, CT Sebastian N. Giuliano Eric Cellu Rose Moline, IL David Parker Hehvig Thomas Allen Hill Austintown, OH Steven J. Finkelstein John A. Aufiero West Falmouth, John P. Connollv MA

Oral Arguments

No. 88-931. Lawrence H. Crandon, et al., Petitioners v. United States; and

No. 88-938. Boeing Company, Inc., Petitioner v. United States. Ar- gued by Mr. Phillip A. Lacovara for the petitioners in No. 88-931, by Mr. Benjamin S. Sharp for the petitioner in No. 88-938, and by Mr. Edwin S. Kneedler for the respondent, United States, in both cases. No. 88-1213. Employment Division, Department of Human Re- sources of Oregon, et al., Petitioners v. Alfred L. Smith, et al. Argued by Mr. David B. Frohnmayer for the petitioners and by Mr. Craig J. Dorsay for the respondents.

No. 88-1512. Albert J. Ferens, et ux., Petitioners v. John Deere Company, aka Deere & Company. Argued by Mr. Richard B. Tucker, III, for the petitioners and by Mr. David P. Helwig for the respondent.

No. 88-1434. Elizabeth Dole, Secretary of Labor, et al., Petitioners v. United Steelworkers of America, et al. Argued by Mr. Jeffrey P. Minear for the petitioners and by Mr. Laurence Gold for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. NOVEMBER 7, 1989 1 91 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. .88-42. Olaf A. Hallstrom, et ux., Petitioners v. Tillamook County. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 88-995. Northbrook National Insurance Company, Petitioner v.

Larry W. Brewer, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Dissenting opinion by Justice Stevens.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

William Hunter Williams Osceola, AR Judge Jane Jr. Crockett Franks Jennifer Franks Williford Columbia, TN Judge Jane Crockett Franks Brenda Franks Hale Franklin, TN Jane Crockett Franks Douglas Sevier Hale Franklin, TN Judge Crockett Franks Kathleen A. Morse Baltimore, MD George Patrick Morse Wanda Keyes Robinson Baltimore, MD Jose Felipe Anderson Kim Garlin Dunning Santa Ana, CA Mark Dee Nozette Cynthia Rhoades Alexandria, VA Dennis F. Christfield Hoffman Max J. Cohen New Orleans, LA Mitchell J. Hoffman 192 TUESDAY, NOVEMBER 7, 1989 Oral Arguments

No. 88-493. University of Pennsylvania, Petitioner v. Equal Employ- ment Opportunity Commission. Argued by Mr. Rex E. Lee for the petitioner and by Mr. Solicitor General Kenneth W. Starr for the respondent. No. 88-1182. Baltimore City Department of Social Services, Peti- tioner v. Jacqueline Bouknight; and

No.. 88-6651. Maurice M., Petitioner v. Jacqueline Bouknight. Ar- gued by Mr. Ralph S. Tyler, III, for the petitioner in No. 88-1182, by Mr. Mitchell Y. Mirviss for the petitioner in No. 88-6651, and by Mr. George E. Burns, Jr., for the respondent in both cases.

No. 88-1476. C. T. Carden, et al., Petitioners v. Arkoma Associates. Argued by Richard K. Ingolia for the petitioners and by Mr. Mitchell J. Hoffman for the respondent.

No. 88-1353. United States, Petitioner v. Rene Martin Verdugo- Urquidez. Argued by Mr. Lawrence S. Robbins for the petitioner and by Mr. Michael Pancer for the respondent.

Adjourned until Monday, November 13, 1989 at 10 o'clock. x (JOURNAL) MONDAY. NOVEMBER 13. 1989 193 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall Justice Blackmun, Justice Powell, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. 88-1640. Michigan Citizens for an Independent Press, et al., Pe- titioners v. Dick Thornburgh, Attorney General of the United States,

et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice White took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lawrence Bradley Bernard Washington, DC Birch Evan Bayh Jr. David Morland Malone Washington, DC Birch Evan Bayh Jr. Christopher A. Myers Washington, DC Birch Evan Bayh Jr. Keith A. O'Donnell Washington, DC Birch Evan Bayh Jr. Christina Franz Washington, DC Birch Evan Bayh Jr. Carrie Anne Simon Washington, DC Dan Michael Berkovitz Elaine Marie Andrews Anchorage, AK Judge Judith W. Rogers Martha Beckwith Anchorage, AK Judge Judith W. Rogers Karen L. Hunt Anchorage, AK Judge Judith W. Rogers 194 MONDAY. NOVEMBER 13, 1989

Applicant L/iCJ ana oiaie Movant

Patricia Bresee Redwood City, Judge Judith W. CA Rogers Lisa Hill Fenning Los Angeles, CA Judge Judith W. Rogers Peggy Fulton Hora Hayward, CA Judge Judith W. Rogers Elizabeth Nay Kutzner San Diego, CA Judge Judith W. Rogers Lucy Kelly McCabe San Francisco, CA Judge Judith W. Rogers Linda Lancet Miller Fullerton, CA Judge Judith W. Rogers Joanne C. Parrilli Oakland, CA Judge Judith W. Rogers Meredith Claire Taylor Los Angeles, CA Judge Judith W. Rogers Sandra Ann Thompson Torrance, CA Judge Judith W. Rogers Connie Louise Horyza Denver, CO Judge Judith W. Peterson Rogers Kaye Katherine Christian Washington, DC Judge Judith W. Rogers Gayle S. Graziano Daytona Beach, Judge Judith W. FL Rogers Carol W. Hunstein Decatur, GA Judge Judith W. Rogers Celeste F. Bremer Des Moines, IA Judge Judith W. Rogers Donna L. Cervini Chicago, IL Judge Judith W. Rogers Susan Fayette Hutchinson Woodstock, IL Judge Judith W. Rogers Sheila Marie O'Brien Belleville, IL Judge Judith W. Rogers Miriam G. Waltzer New Orleans, LA Judge Judith W. Rogers Mary Beatty Muse Boston, MA Judge Judith W. Rogers MONDAY, NOVEMBER 13, 1989 1 95

Applicant City and State Movant

IT 1 H TT Carolyn A. Archbold Wayne, MI Judge Judith W. Rogers Susan M. Moiseev Soutnneld, MI JudgeT 1 JudithT 1 w. Rogers

T_ _ J -jl Patricia Schneider Grosse Pointe Judge Juditht J w. 1U„„ TV f T Woods,J„ MI Rogers Marybeth Dorn Minneapolis, MN Judge Judith w. Rogers Diana Standard Eagon Minneapolis, MN Judge Judith w. Rogers

Oil T~> 1 TV/TXT Kathleen Gearin bt. Paul, MN Judge Judith w. Rogers 04- PI J TV/TXT Elizabeth Anne Hayden bt. Cloud, MN Judge Judith w. Rogers

Oi T~> 1 TV/TXT T 1 T I'll tit Harriet Lansing St. Paul, MN Judge Judith w. Rogers Ancy L. Tone Morse Rochester,T") _ _.1L i. _ MNTV /TXT Judge Judith w. Rogers

T.X7 Marianne Dolores Short St. Paul, MN Judge Judith w. Rogers M. Jean Stepan St. Paul, MN Judge Judith w. Rogers

T /"> TT '1 T 1 T Jean C. Hamilon St. Louis, MO Judge Judith w. Rogers

y~) 1 TT • ~ \TT\ Beryl J. Levine Pargo, ND Judge Judith w. Rogers

T ~ « ^ * i XT T Frances Kathleen Jersey City, NJ Judge Judith W. Lawrence Antonin Rogers

T - ' i- XT T Elaine L. Davis Jersey City, NJ Judge Judith W. Rogers TT'll XT T Rosemary Gambardella Cherry Hill, NJ Judge Judith W. Rogers

T 1 T Tj-1 Gloria K. Koenig Bayonne, NJ Judge Judith w. Rogers Joan L. Mott Bridgewater, NJ Judge Judith w. Rogers Judith H. Wizmur Camden, NJ Judge Judith w. Rogers 196 MONDAY. NOVEMBER 13. 1989

Applicant City and State Movant

Barbara Zucker Parsippany, NJ Judge Judith W. Rogers Carol H. Arber New York, NY Judge Judith W. Rogers Peggy Bernheim Bronx, NY Judge Judith W. Rogers Phyllis Orlikoff Flug Jamaica Estates, Judge Judith W. NY Rogers Nadine Lovelace Allen Cincinnati, OH Judge Judith W. Rogers Barbara Pugliese Gorman Dayton, OH Judge Judith W. Rogers Lesley Brooks Wells Cleveland, OH Judge Judith W. Rogers Joan Huddy Rosenzweig Pittsburgh, PA Judge Judith W. Rogers Judith Mitchell Billings Salt Lake City, Judge Judith W. UT Rogers Gina LaStelle Hale Vancouver, WT A Judge Judith W. Rogers Aliza D. Bethlahmy Portland, OR Judge Judith W. Rogers Rosanne Nowak Buckner Tacoma, WA Judge Judith W. Rogers Cynthia A. Minter Seattle, WA Judge Judith W. Rogers Heather Kerstina Van Yakima, WA Judge Judith W. Nuys Rogers Mark J. Bradlev Wausau, WI Judge Judith W. Rogers Ann Walsh Bradley Wausau, WI Judge Judith W. Rogers Arlene D. Connors Milwaukee, WI Judge Judith W. Rogers Margaret Beth Buchwald Memphis, TN Frances Grant Brooks Loring Veronica Freeman Coleman Memphis, TN Frances Grant Loring MONDAY. NOVEMBER 13, 1989 197

Applicant City and State Movant

Sheila Jordan Cunningham Memphis, TN Frances Grant Loring Bernice Bouie Donald Memphis, TN Frances Grant Loring Monice Moore Hagler Memphis, TN Frances Grant Loring Linda Lynn Haskins Walls Memphis, TN Frances Grant Holmes Loring Joanne Martin Jenkins Memphis, TN Frances Grant Loring George William Jenkins III Memphis, TN Frances Grant Loring Gail Ostby Mathes Memphis, TN Frances Grant Loring Karen Nelson McCarthy Memphis, TN Frances Grant Loring Susan Denise McCrary Memphis, TN Frances Grant Loring Ann Lucas Pugh Memphis, TN Frances Grant Loring Kelly Stark Memphis, TN Frances Grant Loring Mary E. Walker Memphis, TN Frances Grant Loring Jocelyn Dan Wurzburg Memphis, TN Frances Grant Loring Garv Marc Krasna West Hartford, Rosemary C. CT Byrne

Daniel Bruce Menchel BaltimoreA-J LA 1 Willi KJ A MD-A. * A 1-/ Rosemary C. Byrne Amy E. Alkoff New York, NY Rosemary C. Byrne

MartinA* A 111 till W' » • AronX A. J. VJi 1 Short Hills, NJ Rosemary C. Byrne Michael Barry Berman Lakewood, NJ Rosemary C. Byrne Bonny Goldstein Rafel West Orange, NJ Rosemary C. Byrne T .

198 MONDAY, NOVEMBER 13, 1989

Applicant City and State Movant

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u v i lie Ynrk Jlcl Ucl L VJ. i llxvUW tsixy INcWNpw I UI rv, INNYI rtuociiidi y VV.P Byrne

1 VIC Y1 1^1 /"I /^V ii i» oLiiiiciucr i\iew I orK, In I ivosemary Vv.p Byrne

Olldl Ull OCIlUyxv OllUlIIldll west nempsieau, IvUciellldl y VV.p NY Byrne Debra Ann Vey Voda- New York, NY Rosemary c. Hamilton Byrne Linda Jean Weinman New York, NY Rosemary c. Byrne MONDAY. NOVEMBER 13. 1989 199

Applicant City and State Movant

Mark Weissmann Dover, NJ Rosemary C. Byrne Jameione Micheline Brooklyn, NY Rosemary C. Winston-Day Byrne

Orders in Pending Cases

No. . Nina Firey, Petitioner v. Washington, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. No. D-799. In the Matter of Disbarment of Arvin Lee Davis. Disbar- ment order entered. No. D-802. In the Matter of Disbarment of Warren E. Rollman. Dis- barment order entered. No. D-803. In the Matter of Disbarment of Dennis R. DiRicco. Dis- barment order entered. No. D-828. In the Matter of Disbarment of Michael Joseph Kavan- augh. It is ordered that Michael Joseph Kavanaugh, of Millford, Michi- gan, 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-829. In the Matter of Disbarment of Herman T. Isis. It is ordered that Herman T. Isis, of Coral Gables, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-830. In the Matter of Disbarment of Brandt Nicholson. It is ordered that Brandt Nicholson, of San Francisco, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-831. In the Matter of Disbarment of E. Lawrence Brass. It is ordered that E. Lawrence Brass, of Hempstead, 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-832. In the Matter of Disbarment of Lewis M. Batkin. It is ordered that Lewis M. Batkin, of Hempstead, New York, be suspended from the practice of law in this Court and that a rule issue, returnable 200 MONDAY. NOVEMBER 13, 1989 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-833. In the Matter of Disbarment of Joseph R. Laird, Jr. It is ordered that Joseph R. Laird, Jr., of Sherman Oaks, 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-834. In the Matter of Disbarment of John D. Raikos. It is ordered that John D. Raikos, of Indianapolis, Indiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-835. In the Matter of Disbarment of Charles Monroe Thorp,

III. It is ordered that Charles Monroe Thorp, III, of Pittsburgh, Penn- sylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. The motion of South Carolina for leave to file a rebuttal brief is granted.

No. 88-1125. Jane Hodgson, et al, Petitioners v. Minnesota, et al.; and

No. 88-1309. Minnesota, et al., Petitioners v. Jane Hodgson, et al.

The motion of Abortion Rights Council, et al. for leave to consider their brief as amici curiae filed in No. 88-790, Tumock v. Ragsdale, and No. 88-805, Ohio v. Akron Center for Reproductive Health, filed in these cases is granted. No. 88-1597. Board of Education of the Westside Community Schools, etc., et al., Petitioners v. Bridget C. Mergens, by and through her next friend, Daniel N. Mergens, et al. The motion of the Solicitor General for divided argument is granted.

No. 88-1650. Francine Tafflin, et al., Petitioners v. Jeffrey A. Levitt, et al. The motion of petitioners for leave to file petition for rehearing of partial denial of petition for writ of certiorari is denied.

No. 88-1671. United States Department of Labor, Petitioner v. George R. Triplett, et al.; and No. 88-1688. Committee on Legal Ethics of the West Virginia State

Bar, Petitioner v. George R. Triplett, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted. MONDAY. NOVEMBER 13. 1989 201

No. 88-1872. Cynthia Rutan, et al., Petitioners v. Republican Party of Illinois, et al.; and

No. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan, et al. The motion of petitioners/cross-respondents to dispense with printing the joint appendix is granted.

No. 89-459. Delta Air Lines, Inc., Petitioner v. Association of Flight

Attendants, AFL-CIO. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 89-510. Larry R. Meachum, Commissioner, Connecticut Depart- ment of Corrections, Petitioner v. Wayne B. Alexander. The motion of respondent for leave to proceed in forma pauperis is granted.

No. 89-555. Benton Musslewhite, Petitioner v. State Bar of Texas. The application for stay and other relief addressed to Justice Marshall and referred to the Court is denied.

No. 89-682. Colorado Department of Social Services, et al., Petition- ers v. AMISUB (PSL), dba AMI St. Luke's Hospital, Inc., et al. The motion of respondents to expedite consideration of the petition for a writ of certiorari is denied.

Certiorari Granted

No. 89-255. United States, Petitioner v. Energy Resources Co.,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted. No. 89-5383. Mark Howlett, a minor, by and through Elizabeth

Howlett, his mother, natural guardian and next friend, Petitioner v. Scott Rose, as Superintendent of Schools for Pinellas County, Florida, et al. Motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari to the District Court of Appeal of Flor- ida, Second District, granted.

Certiorari Denied

No. 88-2019. Pennsylvania, Petitioner v. Barry Gibbs; and

No. 89-134. Barry Gibbs, Petitioner v. Pennsylvania. Petitions for writs of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

No. 88-7549. James W. Carter, Petitioner v. Superior Court of Cali- fornia, Sacramento County, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. 202 MONDAY. NOVEMBER 13. 1989

No. 88-7626. Juan Bautista Rivera, Petitioner v. Oroweat Foods Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-29. Tony Lewis, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 89-155. Montana Horner, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-205. Robert Guiney, Petitioner v. Francis M. Roache. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-245. Antonio Javier Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-290. Frances Jones, et al., Petitioners v. Truck Drivers Local Union No. 299. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-311. Consolidated Gas Company of Florida, Inc., 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.

No. 89-327. Willis Lucas, et al., Petitioners v. Lloyd's Leasing, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-350. Lantana Cascade of Palm Beach, Ltd., Petitioner v. Lanca Homeowners, Inc. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-362. Richard Roe and Mary Roe, Petitioners v. Bob Doe and Jane Doe. Petition for writ of certiorari to the Supreme Court of Flor- ida denied.

No. 89-405. Moki Mac River Expeditions, Inc., Petitioner v. Arizona Department of Revenue. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 89-422. Sandra Williams, Petitioner v. John Healey. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-438. Greg's Hess Station, Inc., Petitioner v. New Jersey

Commissioner of Transportation, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. MONDAY. NOVEMBER 13. 1989 203

No. 89-468. James Wilson Douglas, Petitioner v. Legal Ethics Com- mittee of the West Virginia State Bar. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 89-472. Maurice White, et al, Petitioners v. Celotex Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-477. Chandler's Cove Inn, Ltd., Petitioner v. Marvin A. Hol- land, Judge, United States District Court for the Eastern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-487. Republic of Ghana, et al., Petitioners v. Trefalcon Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-489. William B. Smith, Petitioner v. Massachusetts Institute of Technology and Lincoln Laboratories. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-490. John M. Jay, Petitioner v. Bruce Sucher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-492. Hossein Z. Nistank, aka John Nistank, Petitioner v. Saroush Kaboli, aka Steve Kaboli. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-500. Millwright Local No. 1079, Petitioner v. United Broth- erhood of Carpenters and Joiners of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-502. Laurance B. Wolfberg, Petitioner v. Robert I. Green- berg. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-505. Eddie Thompson, Jr. Petitioner v. Richard L. Hinton, Judge, Fleming Circuit Court. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-507. Pacific Lighting Land Company, Petitioner v. Norman

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

No. 89-519. Debra Burr, et vir, Petitioners v. Huthnance Drilling

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 204 MONDAY, NOVEMBER 13. 1989

No. 89-545. Lawrence E. Bowling, Petitioner v. David G. Bronner, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-561. Louis A. LaRaia, Petitioner v. Robert Phillis, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-574. George Miller, Petitioner v. City of Lock Haven, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-581. Corporation of Mercer University, Petitioner v. United

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

No. 89-614. Local 112, International Brotherhood of Electrical

Workers, AFL-CIO, Petitioner v. Victor Bray, et al. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-622. Glen A. Trimper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-633. Oscar Civelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-639. National Funeral Services, Inc., Petitioner v. Gaston

Caperton, Governor of West Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5006. Wanda Jane Logsdon, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5019. Anthony David Gober, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-5095. Wayne S. Dakins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-5163. Noah Watkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5215. Raymond Michael Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. NOVEMBER 13. 1989 205

No. 89-5241. Bobby Joe Moss, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-5244. Joseph Allen Erbe, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 89-5284. Jerel Channell, aka Jarel Channel, Petitioner v. Califor- nia. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-5431. Reynaldo Delgado, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 89-5568. Neville Robinson, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-5615. James L. Martin, Petitioner v. Delaware Law School of Widener University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5617. George G. Chaplin, Petitioner v. Prudential-Bache Se- curities, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-5618. Barry Coleman, aka Warren Lee Woodson, Petitioner v. David A. Williams, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5620. Charles Marvin Adams, Petitioner v. George Petsock,

Superintendent, State Correctional Institution at Pittsburgh, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5623. Grenda Harmer, Petitioner v. Madison Circuit Court, et al. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 89-5628. Joseph M. Walls, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-5630. Gary Lynn Eddlemon, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 89-5644. Khalif Abdul-Malik Ali, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. 206 MONDAY. NOVEMBER 13. 1989

No. 89-5647. Gary N. Holbrook, Petitioner v. Doug Williams, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5648. Tim Lee Adams, Petitioner v. Thomas A. Fulcomer,

Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5650. James H. Fisher, Petitioner v. Wayne Estelle, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-5651. Jimmie Bandgren, Petitioner v. Mercury Mortgage Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5655. William A. MacGuire, Petitioner v. Florida Bar. Peti- tion for writ of certiorari to the Supreme Court of Florida denied.

No. 89-5656. Andrew Mohr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5657. Saul Whittaker, Petitioner v. Robert H. Butler, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5658. Walter J. Moore, Petitioner v. Butler County Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5659. Donllal Perrino, 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.

No. 89-5669. Michael Bascum Selsor, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-5706. Robert Trujillo, Petitioner v. Dareld Kerby, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-5724. Orlando Figueroa, Petitioner v. Louis Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5725. John Henry Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, NOVEMBER 13, 1989 207

No. 89-5739. Lawrence Francis Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5745. Jorge Serrano Sepulveda, Petititoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5751. Carlos Garces and Hilario Perez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-5763. Mark Schmanke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-5769. Robert C. Labine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5771. Gary E. Byrd and Terrence A. Lewis, Petitioners v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5772. Luis Alfonso Lenis-Llanos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5774. David Acquisti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5776. Gerardo Montes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5783. Andrew Villarreal-Farias, Petitioner v. United States; and

No. 89-5793. Donald J. Richardson, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5796. Juan Martinez-Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5803. Maria Verlarde Anguiano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 208 MONDAY, NOVEMBER 13, 1989

No. 89-5804. Donald Chafin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5808. Peter Alexander Makres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5811. William Herman Shaw, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5813. Willard Barrett Wilson, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5816. Beverly Ann Holmes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5830. Donald M. Tinsley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5845. Julian Esparza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-228. Volkswagen of America, Inc., et al., Petitioners v. Ger- maine Gibbs, et al. The motion of Product Liability Advisory Council, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 89-449. United Services Automobile Association, et al., Petition- ers v. Constance Foster, Insurance Commissioner of Pennsylvania, et al. The motion of Financial Services Council, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-522. Ronald L. Powell, Commissioner, Department of Cor- rections, et al., Petitioners v. Vincent Coppola. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5593. Reynaldo Goria Rondon, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissent- ing statement by Justice Brennan and Justice Marshall. MONDAY, NOVEMBER 13. 1989 209

No. 89-5595. Anthony Ray Hinton, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5626. James Lewis Martin, Jr., Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-5683. Edward Anthony Ellis, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 89-494. In Re Gerald Sparks, Petitioner. The petition for writ of mandamus is denied. Rehearings Denied

No. 88-1964. Earlene Polyak, Petitioner v. Jim Hamilton, Judge, Chancery and Circuit Courts of Lawrence County;

No. 88-2026. Clement J. Pacyna, Petitioner v. John 0. Marsh, Jr., Secretary of the Army, et al.;

No. 88-5682. Barbara W. Levitt, Petitioner v. University of Texas at

El Paso, et al.;

No. 88-7104. Charles Wesley Baker, Petitioner v. United States; No. 88-7221. In Re James L. Martin, Petitioner;

No. 88-7291. Jerry Lewis Thomas, Petitioner v. Jack Cowley, War- den, et al.;

No. 88-7359. Adrian Bernard Gibson, Petitioner v. William R. Turner, Superintendent, Renz Correctional Center at Cedar City, Missouri;

No. 88-7603. Michael Hooper, Petitioner v. District of Columbia Of- fice of Human Rights;

No. 89-18. Barbara Winer, Petitioner v. Gary C. Nixon, President, Action Rent-A-Car & Trucks, Inc., ta Action Automotive;

No. 89-5031. Ellsworth H. Lawson, Jr., Petitioner v. P. V. Tanedo, et al.;

No. 89-5045. Hassan Ahmed Hazime, Petitioner v. United States;

No. 89-5056. Vincent Frank Silvaggio, Petitioner v. California;

No. 89-5210. James L. Martin, Petitioner v. Delaware Law School of Widener University, Inc., et al.; 210 MONDAY. NOVEMBER 13, 1989

No. 89-5211. James L. Martin, Petitioner v. Supreme Court of Penn- sylvania, et al.;

No. 89-5216. Patrick James Campbell, Petitioner v. Jack McCor- mick, Warden;

No. 89-5254. Fred Singleton, Petitioner v. Kenneth McKellar, War- den, et al.; and

No. 89-5462. Richard Hardin, Petitioner v. Boyd Circuit Court, et al. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Maria C. Avinate-Tanaka Honolulu, HI Donna May Woo Robert V. Bogan Fallon, NV Joseph L. Ward Gregory A. Bolzle Louisville, KY Frank P. Doheny

• Jr. Robert E. Bonner Orlando, FL Sutton Goodrich Hilyard Jr.

Bette J. Briggs Washington, DC Ellen Leslie Beard

Jr. Brvan± V till JL J. a. William Rav Ernest V. Bruchez f TX Vance Deborah L. Schmitt Chipacrn TT, AntVinnv C Bussert \T olmlic Robert Joseph Collins Baton Rouge, LA A. Edward Hardin John Charles Derenbecker New Orleans, LA Lawrence John Fritz Stephen H. Downs Wabash, IN Glenn A. Grampp Thomas H. Dundon Nashville, TN James F. Neal John Michael Elsley Houston, TX James Patrick Cooney

Alan Kramer Goldstein St. Louis, MO Milton I. Goldstein Ivan Rivera Gomez San Juan, PR Gilberto M. Charriez Christopher T. Grace Jr. New Orleans, LA John Anthony Occhipinti

Virginia Nelson Hammerle Denton, TX Donald Ray" Windle MONDAY. NOVEMBER 13. 1989 211

Applicant City and State Movant

H. Parks Helms Charlotte, NC Charles William Sydnor Michael C. Heyden Wilmington, DE James Folsom Thompson, Jr. James Ward Howard Atlanta, GA Kathleen Louise Wilde Claudia Isom-Rickert Tampa, FL A. Woodson Isom Jr. Donna Balderston Kaiser Baltimore, MD George Edward Burns Jr. Karen Keegan Washington, DC Douglas Lewis Wald Bonita L. Kneeland Tampa, FL Chris William Altenbernd Evelyn Bloomfield Levite Chicago, IL Joseph Goldberg David Allan Little Troy, NY Mark Lawrence Sorice Sarah Evans Lockwood Atlanta, GA Patricia Thrower Barmeyer G. Richard Mantlo Albuquerque, NM Gene E. Franchini Ralph Ramiro Martinez Houston, TX Francisco G. Medina John A. Mennite Woodbury, NJ Filomena Mennite Marguerite Eleanor New York, NY Keven J. McKay Howard Brian Muldoon Denver, CO William Edward Murane John R. Price Indianapolis, IN Tilden Mendelson Robin M. Reitzes San Francisco, CA Steven Allan Diaz Barbara Mode Rose Richmond, VA Walter A. McFarlane Peter S. Sheldon Lansing, MI Gregory L. McClelland Steve Stojic Washington, DC George J. Meiburger Randall Joseph Sunshine Los Angeles, CA Joseph T. McLaughlin Gerald Lathen Thompson Kansas City, MO Ramona K. Kantack 212 MONDAY. NOVEMBER 13. 1989

Applicant City and State Movant

Patricia A. Trent Las Vegas, NV Troy Everett Peyton Joseph L. Ward Jr. Fallon, NV Joseph L. Ward E. Joel Wesp Columbus, OH Robert Morton Duncan Christopher Wolf Washington, DC Warren L. Dennis

Adjourned until Monday, November 27, 1989 at 10 o'clock. x (JOURNAL) THURSDAY, NOVEMBER 16. 1989 2 1 3 SUPREME COURT OF THE UNITED STATES

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

Certiorari Denied

No. 89-5989. Arthur James Julius, Petitioner v. Charlie Jones, War- den. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) FRIDAY, NOVEMBER 17, 1989 215 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 8, Original. State of Arizona, Plaintiff v. State of California, et al. It is ordered that Robert B. McKay, Esquire, of New York, New York, Professor Emeritus, New York University School of Law, be appointed Special Master in this case to reopen decree to determine disputed boundary claims with respect to the Fort Mojave, Colorado River and Fort Yuma Indian Reservations. He shall have the authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and the authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. Justice Marshall took no part in the consideration or decision of this order.

(JOURNAL) MONDAY. NOVEMBER 20. 1989 217 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-377. Mark Henry Lankford, Applicant v. Idaho. The application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court is granted pending the timely filing and disposition by this Court of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue in effect pending the issuance of the mandate of this Court.

(JOURNAL) WEDNESDAY. NOVEMBER 22. 1989 2 1 9 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 89-5892. Benjamin Wai Silva, Petitioner v. California. The application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.

(JOURNAL) MONDAY. NOVEMBER 27. 1989 221 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 89-5863. Winifred Goudie, aka Marie Webster, Appellant v.

General Telephone Company of the Southeast, et al. Appeal from the

Circuit Court of West Virginia Jefferson 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.

Orders in Pending Cases

No. D-787. In the Matter of Disbarment of Frank G. Prantil. Disbar- ment order entered.

No. D-836. In the Matter of Disbarment of James Clifford Evans. It is ordered that James Clifford Evans, of Pittsburgh, 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-837. In the Matter of Disbarment of Frank J. Marcone. It is ordered that Frank J. Marcone, of Springfield, 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-838. In the Matter of Disbarment of Barry Leonard Adelman.

It is ordered that Barry Leonard Adelman, of Philadelphia, Pennsylva- nia, 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-839. In the Matter of Disbarment of William S. Higgin- botham. It is ordered that William S. Higginbotham, of Athens, Geor- gia, 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. 222 MONDAY, NOVEMBER 27. 1989

No. D-840. In the Matter of Disbarment of Charles A. Pemberton. It is ordered that Charles A. Pemberton, of Decatur, Georgia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-841. In the Matter of Disbarment of Milliard Eugene Farley.

It is ordered that Milliard Eugene Farley, of Cleveland, 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. 108, Original. State of Nebraska, Plaintiff v. States of Wyoming and Colorado. The third motion of the Special Master for compensation and reimbursement of expenses is granted and the Special Master is awarded $97,843.24 to be paid to him 20 percent by the United States and 40 percent each by the states of Nebraska and Wyoming.

No. 87-6700. John Henry Selvage, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections. The motion of petitioner to suspend briefing and further consideration is denied. The motion of petitioner to certify question to Court of Criminal Appeals of Texas is denied.

No. 88-325. American Trucking Associations, Inc., etal., Petitioners v. Maurice Smith, Director, Arkansas Highway and Transportation De- partment, et al. The motion of petitioners for leave to file a supplemental brief on reargument is granted. No. 88-1503. Nancy Beth Cruzan, by her parents and co-guardians,

Lester L. Cruzan, et ux., Petitioners v. Director, Missouri Department of Health, et al. The motion of respondent Thad C. McCanse, Guardian ad Litem, for divided argument is denied.

No. 88-1595. Kaiser Aluminum & Chemical Corporation, et al. , Peti- tioners v. Joseph A. Bonjorno, et al.; and

No. 88-1771. Joseph A. Bonjorno, et al., Petitioners v. Kaiser Alumi- num & Chemical Corporation, et al. The motion of respondents/cross- petitioners, Joseph Bonjorno, et al., to open oral argument and to present a summary outline of issues for use in determining the order of oral argument is denied.

No. 88-1897. Michigan Department of State Police, et al., Petitioners v. Rick Sitz, et al. The motion of Insurance Institute for Highway

Safety, et al. for leave to file a brief as amici curiae is granted. MONDAY. NOVEMBER 27. 1989 223

No. 88-1905. Eddie Keller, et al., Petitioners v. State Bar of Califor- nia, et al. The motion of Trayton L. Lathrop for leave to file a brief as amicus curiae is granted. No. 88-2123. Department of the Treasury, Internal Revenue Serv- ice, Petitioner v. Federal Labor Relations Authority, et al. The motion of the Acting Solicitor General to dispense with printing the joint appendix is granted.

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. The motion of petitioner to dispense with printing the joint appendix is granted. Certiorari Denied

No. 89-17. Professional Cabin Crew Association, et al, Petitioners v. National Mediation Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-33. Rique Don Bobbitt, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-40. California, Petitioner v. Richard Delmer Boyer. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-242. R. Eugene Pincham, Petitioner v. Illinois Judicial In- quiry Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-244. Anthony Pellegrini, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 89-267. F. Kenneth Christopher, Petitioner v. Madison Hotel Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-302. Linda A. Hampton and Rose 0. Howard, Petitioners v. Tennessee Board of Law Examiners, Jointly and Severally, et al. Peti- tion for writ of certiorari to the Court of Appeals of Tennessee, West- ern Division, denied.

No. 89-323. Welex, Petitioner v. Elizabeth Dole, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-349. John A. Chila, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 224 MONDAY, NOVEMBER 27. 1989

No. 89-358. Gary S. Gill, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-368. Merck & Co., Inc., Petitioner v. Biocraft Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-370. Joe Nathan Price, Petitioner v. Digital Equipment Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-377. International Union of Operating Engineers, Local 150,

AFL-CIO, et al, Petitioners v. Lowe Excavating Co. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-379. James Coonan, et ux., Petitioners v. United States;

No. 89-5497. Richard Ritter, Petitioner v. United States;

No. 89-5512. William Bokun, Petitioner v. United States; and

No. 89-5601. James McElroy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-385. Joe L. Barr, aka Joseph L. Barr, Petitioner v. United

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

No. 89-388. City of New York, et al., Petitioners v. Seawall Asso- ciates, et al.;

No. 89-403. Coalition for the Homeless, Petitioner v. Seawall Asso- ciates, et al.; and

No. 89-552. Richard Wilkerson, Edgar Ferrell, Frank Alicia, Tom

Williams, Danny Sogliuzzo and Nicholas Tallerico, Petitioners v. Sea- wall Associates, et al. Petitions for writs of certiorari to the Court of Appeals of New York denied.

No. 89-409. City of Milwaukee, et al, Petitioners v. Clayton K. Yeutter, Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-412. Randy Hearn, et al, Petitioners v. City of Overland Park, Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 89-447. Evelyn Pence, Individually and as Personal Represent- ative and Administratrix of the Estate of Phillip J. Pence, Deceased,

Petitioner v. Board of County Commissioners of Hamilton County, MONDAY. NOVEMBER 27. 1989 225

Ohio, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 89-448. W. Don Welch, Executive Director, South Carolina

State Ports Authority, et al, Petitioners v. Samuel Coakley. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-476. Town of Hull, Massachusetts, et al., Petitioners v. David B. Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-517. Robert Woods, Petitioner v. Joseph E. Hudak. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-528. Stephen Towne, Petitioner v. Tomlin Properties, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-529. Frank A. Jakobowski, Petitioner v. Barry D. Dubin. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-533. Denman Rubber Manufacturing Company, et al., Peti- tioners v. Verda D. Hall. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-537. Frank D. Camp, Petitioner v. New York University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-540. Charles R. Davoli, Assistant Secretary, Louisiana De- partment of Corrections, et al., Petitioners v. Janice Frazier. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-543. Charles N. Slayton, Petitioner v. Bechtel Power Cor- poration, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-546. Jack J. Morris, Petitioner v. Carol Wacker and School District of Philadelphia. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-547. Ohio, Petitioner v. Teresa Booher. Petition for writ of certiorari to the Court of Appeals of Ohio, Defiance County, denied.

No. 89-548. Nicodean Mark Bilecki, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 226 MONDAY. NOVEMBER 27, 1989

No. 89-550. Linda Cantrell, et vir, Petitioners v. Robert N. Bu- chanan, Jr. Petition for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied.

No. 89-555. Benton Musslewhite, Petitioner v. State Bar of Texas. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-559. Russell Emory Atkins, Petitioner v. West Virginia. Pe- tition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 89-570. Thomas A. Morris, Jr., Petitioner v. Massachusetts Board of Registration in Medicine. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 89-576. Richard A. Frey, Jr., Director, Metropolitan Correc-

tions Department, et al., Petitioners v. Karen B. Masters. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-577. Waldo R., Inc., et al, Petitioners v. Pipefitters Health

and Welfare Trust, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-583. Clarence J. Wilson, et al., Petitioners v. Armstrong

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

No. 89-585. Gregory R. McDonald, et al., Petitioners v. Alan M.

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

Washington, Division 1, denied.

No. 89-586. Lorraine Malinak, Petitioner v. Eugene J. Matelich. Pe- tition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-615. John E. Reardon, John J. Reardon and Judith A.

Reardon, Petitioners v. Virginia Reardon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-620. Richard W. Elliott, Petitioner v. Howard A. Anderson, Jr. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-626. Kenneth F. Fox, et al., Petitioners v. Connecticut. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-629. Jose Antonio Storino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. NOVEMBER 27. 1989 227

No. 89-652. Marshall P. Safir, Petitioner v. United States Lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-665. Ali Yazdchi, Petitioner v. Immigration and Naturaliza- tion Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-668. Roy G. Powell, et ux., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-681. Trent Jason, Petitioner v. Roadway Express, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-685. Hubbard Chevrolet Company, Petitioner v. General Mo- tors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-705. Stephen Mariorenzi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-706. Stephen M. Corbett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-5185. Delmar Banks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5272. John H. Woodruff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5275. Patrick J. Morris, Petitioner v. John Gluch, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5310. Byron Thomas McCollum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5343. Jerry H. McCroskey, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5353. Joel Torres Salas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 228 MONDAY. NOVEMBER 27. 1989

No. 89-5355. Marilyn Headlee, Petitioner v. Louis W. Sullivan, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5382. David Alexander, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5413. Richard Watson, Petitioner v. Robert Brown, Jr., Di- rector, Michigan Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5419. Ronald Louis Davis, Petitioner v. W. J. Estelle, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5420. Larry Jerome Braden, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5502. Tomas Lopez-Torres, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5562. Encarnacion Moreno, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5661. Jeffrey A. Debrosse, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Miami County, denied.

No. 89-5662. George Sassower, Petitioner v. Denis Dillon, et al. Pe- tition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-5670. Frank Barela, Petitioner v. James A. Baker, III, Sec- retary of State. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5672. Leo Charles Polumbo, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5674. David M. Lightsey, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 89-5675. Michael L. Gribble, Petitioner v. Gary Livesay, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, NOVEMBER 27, 1989 229

No. 89-5679. Elwood Howard, Petitioner v. Herman Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5690. Larry Hamilton, Petitioner v. Workers' Compensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-5692. Dennis O'Connor, et ux., Petitioners v. William Lawry. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-5694. Dennis Dillon, Petitioner v. Hans Walker, Superintend- ent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5698. Issac Kirkman, Petitioner v. Ernest R. Sutton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5699. Graylon Shannon, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-5702. David A. Gray, Jr., Petitioner v. James Greer, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5703. John Robert Demos, Jr., Petitioner v. Supreme Court of Washington; and John Robert Demos, Jr., Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-5709. Apolonio Pastrana, Petitioner v. Puget Sound Naval Shipyard. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5710. Charles Lincoln Thomas, Petitioner v. Kansas State

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

No. 89-5713. Royzell Eason, Petitioner v. Willie E. Johnson, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5718. David L. Richardson, Petitioner v. Kenneth Arnold, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-5726. Eddie Michael Moore, Petitioners Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. 230 MONDAY, NOVEMBER 27. 1989

No. 89-5728. Otto A. Preuss, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5731. Thomas Spychala, Petitioner v. Ruth Rushen, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5733. John Kucher, Petitioner v. Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5735. Harvey K. Fair, Petitioner v. George Bronson, War- den. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-5736. Wanda Lee Kimelman, Petitioner v. City of Colorado

Springs, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 89-5738. Rudolph Bilder, Petitioner v. City of Akron. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 89-5740. Ruby C. Gardner, Petitioners. Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5746. Gary Scott Carmack, Petitioner v. Sherman Hatcher,

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

No. 89-5748. Robert Allen Gallagher, Petitioner v. Sara Logson- Babich. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5752. P. J. Myles, Petitioner v. Castle Construction Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5754. Darlene Pate, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 89-5770. Corky Nunez, Petitioner v. United States;

No. 89-5773. Anna Irene Martinez, Petitioner v. United States; and

No. 89-5800. Juan Nunez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5775. In Ho Kim, aka Sang In Pak, Petitioner v. United States; and MONDAY. NOVEMBER 27. 1989 231

No. 89-5891. Jong Mun Park, aka Jong Soo Kim and Keuh Woo Lee, aka Kuen Woo Lee, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.'

No. 89-5778. Arthur Radcliff, Petitioner v. Northwest Manor, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-5782. Billy Flanery, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5790. James Edmond Watts, Petitioner v. James E. Johnson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5794. Kathryn Anderson, aka Kathy A. Alfonsi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5805. Walter R. Pickens, Petitioner v. Martin Makel, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5806. William Lovett, Petitioner v. Dale Foltz, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5810. Carlos Forero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5818. Charles Owen Bartlett, Petitioner v. Florida, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5824. Charles Agar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5829. Prudencio Mantanona, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5835. James Whitmore, et al, Petitioners v. New York Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5839. Charles E. Siers, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. Petition for writ of certio- 232 MONDAY. NOVEMBER 27, 1989

rari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5850. Glen Roland McCarty, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5851. Delroy Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5852. Carmelo de la Rosa-Ibarra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5854. Paul Fazzini, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5858. Katherine Joanne Voigt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5860. Richard L. Gay, Petitioner v. Mary H. Esposito, Superintendent, Metro Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-5862. Floyd Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5864. Tammy Diane Baker, Petitioner v. United States; and

Patricia Ann Shaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5866. Dennis Mark Kohler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5872. Nick Avila, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5880. Harold 0. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. NOVEMBER 27. 1989 233

No. 89-5885. Charlie Mitchell Barnette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5886. Ronald Rogers, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5887. Raymond Wagstaff-El, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5889. Carl F. Musser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-5906. Alberto de la Rosa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-515. Rochester, New Hampshire School District, Petitioner v. Timothy W., by His Mother and Next Friend, Cynthia W. The motion of National School Boards Association, et al. for leave to file a brief as amici curiae is granted. The motion of National League of Cities, 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 First Circuit denied. No. 89-531. Mountain States Telephone and Telegraph Company, dba Mountain Bell, Petitioner v. District Court, City and County of

Denver, Colorado, et al. The motion of Chevron Corporation for leave to file a brief as amicus curiae is granted. The motion of Edison Elec- tric Institute, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Colorado denied. Justice O'Connor took no part in the consideration or decision of these motions and this petition.

No. 89-591. Monte Lee, Petitioner v. Joseph R. Biden, Jr., United

States Senator, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Kennedy took no part in the consideration or decision of this petition.

No. 89-5460. Patrick F. Rogers, 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. 89-5534. Michael Angelo Morales, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall. 234 MONDAY, NOVEMBER 27, 1989

No. 89-5575. Michael Allen Nolte, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5707. Todd Michael Mendyk, 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. 89-5798. Kennith Blanks, Petitioner v. Ralph Kemp, Warden. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5765. Louis J. Franz, individually and as next friend of Ron- ald Gene Simmons, et al., Petitioners v. A. L. Lockhart, Director, Arkansas Department of Correction, et al. The motion of the parties to consolidate this petition with No. 88-7146, Whitmore v. Arkansas, is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Eighth Circuit before judgment is denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 89-560. In Re Jack G. Norton, Petitioner. The petition for a writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 88-1708. Spawr Optical Research, Inc., et al., Petitioners v. United States;

No. 88-1966. Patrick M. Zill, Petitioner v. Avis Rent-A-Car Sys- tems, Inc.;

No. 88-1979. James N. Fleming, Petitioner v. W. Bedford Moore,

III, et al.;

No. 88-2106. David Rosenberg, Petitioner v. Comerica Bank;

No. 88-2116. Donald Edgar Johnson, Petitioner v. Richard Gordon Johnson, et al.;

No. 88-2127. Fred H. Vahlsing, Jr., Petitioner v. Maine;

No. 88-6850. Gerald J. Streeter, Petitioner v. National Labor Rela- tions Board;

No. 88-6976. Todd Andrew Woolworth, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections;

No. 88-7139. Kriss L. Stutzman, Petitioner v. Board of Education of the City of Chicago, et al.; MONDAY. NOVEMBER 27, 1989 235

No. 88-7180. Jonathen Jarrells, Petitioner v. Georgia;

No. 88-7204. Charles H. Kerkman, Petitioner v. United States;

No. 88-7217. James Games, Petitioner v. Indiana;

No. 88-7278. James M. Devine, Petitioner v. The Herald-Mail Company;

No. 88-7316. Joseph P. Gorman, Petitioner v. United States;

No. 88-7388. Jane Doe, Petitioner v. United States;

No. 88-7418. David Kelly, Petitioner v. Hines-Rinaldi Funeral Home, Inc.;

No. 88-7429. Harold Asch, Petitioner v. Philips, Appel & Walden, Inc., et al.;

No. 88-7435. James L. Martin, Petitioner v. Stephen W. Townsend,

et al.;

No. 88-7465. Herbert A. Underwood, Petitioner v. Indiana;

No. 88-7475. Wynn Earl Westover, Petitoner v. United States;

No. 88-7491. Sharon Murl van Leeuwen, et vir, Petitioners v. United

States, et al.;

No. 88-7495. Jack Howard Potts, Petitioner v. Georgia;

No. 88-7504. Larry Forgey, et ux., Petitioners v. Baca State Bank,

et al.; .

No. 88-7514. James Lyne Harnage, Petitioner v. United States;

No. 88-7597. Earl Ellery Wright, Petitioner v. United States;

No. 88-7612. Ihsan A. Karaagac, Petitioner v. District of Columbia Board of Medicine;

No. 88-7619. Andrew Edward Robertson, Petitioner v. California;

No. 88-7627. James Alfred Nelson, Petitioner v. Gerald J. Ingram, et al.;

No. 89-69. Newby Franklin Love, Petitioner v. United States;

No. 89-74. Dorothy L. Noble, Petitioner v. James D. Watkins, Sec- retary of Energy;

No. 89-76. Marshall Patner, Petitioner v. County of Lake;

No. 89-88. John R. Woodward, III, Petitioner v. State Bar of Geor- gia, et al.;

No. 89-105. Joe L. Robinson, Petitioner v. Dave Quick, et al;

No. 89-160. John C. O'Connor, Petitioner v. Elinor P. Mulligan;

No. 89-185. John R. Connor, Petitioner v. R. G. Sachs, T. V. Inglesby, J. A. Belladonna, N. L. Murray, C. J. Wittmann, Jr. and Overlook Hospital; 236 MONDAY. NOVEMBER 27. 1989

No. 89-203. Richard Siegel, Petitioner v. Edmonds Company, Inc. Profit Sharing Plan, et al;

No. 89-249. Elaine Kenna, Petitioner v. New Jersey;

No. 89-340. Russell E. Lerman, Petitioner v. City of Portland, Maine;

No. 89-341. William E. Grader, Petitioner v. City of Lynnwood;

No. 89-5038. Virgil Lee Brownlee, Petitioner v. Alabama;

No. 89-5040. Stephen Allen Thompson, Petitioner v. Alabama;

No. 89-5053. William Glen Boyd, Petitioner v. Alabama;

No. 89-5066. William Lebron Church, Petitioner v. Charles E. Thompson, Warden, et al.;

No. 89-5081. Clifton S. Davis, Petitioner v. Paula M. Davis;

No. 89-5099. Ronald Leroy Kinsman, Petitioner v. Georgia;

No. 89-5105. Ruby L. Home, Petitioner v. Allen Metropolitan Hous- ing Authority;

No. 89-5143. Jessie Tompkins, Petitioner v. USA-ROTC, Military Science Department, et al;

No. 89-5157. Leslie C. Washington, Petitioner v. Tom C. Martin, et al.;

No. 89-5192. Michael Tempel, Petitioner v. Valley Hospital, et al.;

No. 89-5200. Willie Morris, Petitioner v. Christian Hospital;

No. 89-5264. James Riva, Jr., Petitioner v. Kenneth Getchell, et al.;

No. 89-5298. Abraham T. Yang, Petitioner v. Daniel McCarthy, et al;

No. 89-5330. Anthony John Veneri, Jr., Petitioner v. Robert P.

Casey, Governor of Pennsylvania, et al.;

No. 89-5344. Derek Vinson, Petitioner v. Ted Watkins;

No. 89-5372. Edward N. Lawrence, Petitioner v. United States Army (Fort Hood);

No. 89-5373. Edward N. Lawrence, Petitioner v. United States Army (Tacom);

No. 89-5386. Jeannie Cassady, Petitioner v. H. H. Adair, Individ- ually and as Superintendent of Montgomery County Schools, et al.;

No. 89-5387. Ernest Perkins, Petitioner v. Illinois; No. 89-5409. In Re Lum Ogden, Petitioner; No. 89-5411. In Re Olayinka Sobamowo, Petitioner; MONDAY. NOVEMBER 27. 1989 237

No. 89-5530. Vincent F. Zarrilli, Petitioner v. Paul Garrity, et al.;

No. 89-5556. Kerry Brown-Bey, Petitioner v. United States; and No. 89-5642. In Re Freddie Sparks, Petitioner. The petitions for rehearing are denied.

No. 86-1523. Richard Laverne Chandler, Petitioner v. Rachel Chan- dler; and

No. 87-1689. Richard Laverne Chandler, Petitioner v. Rachel Chan- dler, et al. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The motion for leave to file a petition for rehearing is denied.

No. 89-5271. James L. Martin, Petitioner v. Pennsylvania State Real

Estate Commission, et al. The petition for rehearing is denied. Justice Brennan took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

J. Patrick Abell Frankfort, KY Frederic J. Cowan Edward C. Abell Jr. Lafayette, LA James E. Diaz Francisco Acevedo-Padilla San Juan, PR Gerardo Ortiz Del Rivero Wayne 0. Adams III Indianapolis, IN John P. Price Charles Robert Alton Washington, DC Richard Grosgebauer Michael Stephen Ariens II San Antonio, TX Vincent R. Johnson Linda A. Arnsbarger Washington, DC Solicitor General Kenneth Winston Starr Sheila Jean Barton Sacramento, CA James Edward Fitzgerald Kenneth M. Berman Rockville, MD Robert Gene Samet Sidney Kay Billingslea Anchorage, AK Nancy Shaw Randall Mahlon Blow Virginia Beach, Jay A. Richardson VA

David I. Bookspan Philadelphia, PA Franklin Poul Robert Brack Clovis, NM James F. Hart 238 MONDAY, NOVEMBER 27, 1989

Applicant City and State Movant

James Lawrence Brewer Seattle, WA Richard H. Holmquist Michael R. Bromwich Washington, DC Michael K. Kellogg Sharon Louise Browne Sacramento, CA John Hays Findley Gary D. Buchanan Nashville, TN Kent E. Krause Daniel J. Buckley Los Angeles, CA Francis Breidenbach Mike Burkett Boise, ID Michael John Dennis Marianna Inga Burt Baltimore, MD Robin Taylor Parsons Leon H. Cannon Land O'Lakes, FL Allen P. Allweiss David J. Carr Indianapolis, IN John P. Price Amy J. Cassedy Malibu, CA Neal P. Rutledge Kathi Lynne Chestnut St. Louis, MO Gerre S. Langton Owen Frederick Clarke Jr. Spokane, WA Lloyd William Peterson Mark D. Cleve Davenport, IA John Davis Stonebraker Laurie J. Condos Sturbridge, MA Carol A. Griffin Mercer Cook Chicago, IL Glenn Edward Carr Timothy Crawford Corbin, KY Warren N. Scoville William H. Crispin McLean, VA James Francis Hibey Margaret C. Crosby San Francisco, CA David Govan Robertson Melanie L. Cyganowski New York, NY Thomas P. Puccio David William Danner Washington, DC William R. Weissman Ben Louis Day Baton Rouge, LA Henry Gerard Terhoeve Steven Paul DeVolder Des Moines, IA Brent B. Green Eileen McCarthy Philadelphia, PA Steven A. Diepenbrock Arbittier MONDAY, NOVEMBER 27. 1989 239

Applicant City and State Movant

James E. Doyle Jr. Madison, WI Lester Abraham Pines Cheri Lynn Duncan Houston, TX David H. Berg John Links Duvieilh New Orleans, LA Donald L. King John Charles Egan Jr. Albany, NY Thomas William Keegan Marion Gruber Eisen St. Louis, MO Susan Ehrenwerth Block Judith Elkin Dallas, TX William Alan Wright Joseph Anthony Eustace Tampa, FL Anthony Joseph Jr. LaSpada Warren P. Felger San Francisco, CA John Beatty Lowry Thomas G. Ferguson Jr. Oklahoma City, A.T. Elder Jr. OK Joseph P. Foley Irvington, NY David A. Luttinger Richard Hardie Forman Denver, CO L. Duane Woodard John Warren Fowler Jr. Stone Harbor, NJ Robert Gerard Fryling

Arthur J. Frank Washington, DC Maurice A. Frank James William Freyer Pasadena, TX R. Michael Smyrl Daniel Bay Gibbons Salt Lake City, Francis M. UT Gibbons Alan Scott Gilbert Chicago, IL Harold C. Hirshman Bradley M. Glass Dodgeville, WI G. Kent Yowell Elizabeth Gleichler Detroit, MI Arthur J. Tarnow William E. Godbold III Chattanooga, TN Paul R. Leitner Bobby Ray Gordon Honolulu, HI Charles H. Witherwax Thomas Alva Hampton Barnesville, OH Harry Robert Reinhart Robert Morgan Hampton Wichita Falls, TX Bill Kimble 240 MONDAY. NOVEMBER 27. 1989

Applicant City and State Movant

David P. Hargrave Kansas City, MO J. Neal Sawyer Jr. Charles Kendall Harrell San Antonio, TX Steven Edwards Walraven Charles Wilkinson Heim Golden, CO William R. Sharpe Alfred Hemmons Bethlehem, PA Wallace L. Walker Dale Robert Hightower Miami, FL J. Lane Middleton III Lawrence D. Hochman Detroit, MI Douglas Ryan Mullkoff

David Alan Hoefer Kansas City, MO Kenneth I. Fligg Jr. Jay R. Hoffman Chicago, IL John R. McCambridge

Arthur I. Jacobs Fernandina T. Edward Austin Beach, FL Jr. G. Andrew Jones Long Beach, FL Barbara Crutchfield George James Kaklamanos Nashua, NH David L. Nixon Edward J. Kelly III Washington, DC Bartlett H. McGuire Carolee Kilduff Sacramento, CA Bruce Alan Kilday Richard Stephen Kling Chicago, IL David C. Thomas Edward Joseph Koehl Jr. New Orleans, LA Robert B. Acomb Jr. Ronald L. Kuby New York, NY William M Kunstler Neesa B. Kurland Fort Lauderdale, Sheldon C. FL Kurland Edward H. Laber Tucson, AZ Fredric F. Kay Robert Ernest Levine Encino, CA Roger Bentley Jeffrey Scott Levinger Dallas, TX Fletcher Leftwich Yarbrough L. Burke Lewis Malibu, CA Neal P. Rutledge Glen Scott Love Baton Rouge, LA Henry Gerard Terhoeve Merceria LaVonne Ludgood Mobile, AL Robert Herschel Smith A 1

MONDAY. NOVEMBER 27. 1989 241

Applicant City and State Movant

Gary D. Lykins Dallas, lA Kobert K. Koby

Kicnaru r . Maiiett jr. Harrisburg, PA Joshua D. Lock Glen Steven Margolis oan Diego, la r nillip r eldman Patrick Matusky rniiaaeipnia, r Gary L. Leshko Dan Hardy McCrary Birmingham, AL John Bingham m* i.1 x it n/r _t tt *n mxT Timothy M. McLemore Knoxville, TN James Swan Iipton Jr.

A HIT ' TTT r\ 1 1 T71T George A. Meier III Orlando, FL G. Yates Rumbley

HIT" 1 TO n/r An /^i a TT 7 li TT 7* 1 j_ Michael S. Meyer von Albany, GA Walter Wightman Bremen KelleyTT 1 Michael W. Middleton Bryan, TX Games F. West II XT n- John Edward Miley Oklahoma City, Noma Diane OK Gurich Nicholas M. Monaco Jefferson City, Thomas Joseph

x it r\ T> T TT MO Brown III Virgil Moore Des Moines, IA Richard Henry Doyle IV

T 7 X IT T A 11 T7I TV 1_ Verne Moore Jr. Omaha, NE Allen E. Daubman Thomas P. Moran Orlando, FL John Michael Brennan John William Murphy Mount Vernon, Laurence Edward WATT T A Moller"n it 11 Gordon N. Myerson Kansas City, MO Russell D. JacobsonT 1_ Eric M. Nakata Apple Valley, CA LeRoy A. Simmons Sunwoo Nam Silver Spring, MD Garland Edward Lowe Anne M. Nichter Garrison, NY Arie £j. uavia Thomas M. Nosewicz New Orleans, LA John Jerome w eigei

Ilctil lMJUIg, i. ii William T Tullv

J. Ronald Petrikin Tulsa, OK Joseph W. Morris Kevin J. Phillips Santa Ana, CA Robert H. Green J. Daniel Picou Metairie, LA Michael E. Coney Diane Polan New Haven, CT David N. Rosen Therene Powell Los Angeles, CA Verna Jean Wefald 242 MONDAY. NOVEMBER 27, 1989

Applicant City and State Movant

David Morgan Pruessner Dallas, TX Drew Randolph Heard Martin E. Pulverman Los Angeles, CA Mark Thomas McDermott John Michael Quain Harrisburg, PA Richard B. Tucker III Silverio Acosta Ramirez New York, NY Robert J. Cardonsky Friedrich A. Reeker Minneapolis, MN Steven Michael Bialick James W. Riner Jefferson City, Thomas Joseph MO Brown III Mark Joseph Rue Colorado Springs, John Burton CO Ciccolella Stephen Racster Ryan Mattoon, IL Dale A. Cini Walter Marshall Sanchez Lake Charles, LA Thomas L. Lorenzi John C. Schachterle Des Moines, IA Dick L. Jensen Val K. Scheurich III New Orleans, LA Okla Jones II Charles W. Schmidt III New Orleans, LA Lawrence J. Ernst Kevin William Shaughnessy Orlando, FL John Michael Brennan Rachelle G. Silberberg Detroit, MI J. Walker Henry Angela C. Simon Dubuque, IA David Lindley Hammer Stephen Hinshaw Skoller Roseland, NJ Matthew P. Boylan Brian E. Smith Yuma, AZ Leroy W. Hofmann Victor Lynn Smith Los Angeles, CA Samuel Brown Casey Michael R. Smith Washington, DC Roger Campbell Spaeder Thurl Stalnaker Jr. New Orleans, LA Robert B. Acomb Jr. Richard Sternberg Akron, OH Joseph S. Kodish Gladys M. Stevens Chicago, IL Jeffrey Wayne Finke MONDAY. NOVEMBER 2T. 1989 243

Applicant City and State Movant

Ian A. L. Strogatz Philadelphia, PA Garl L. Leshko Margaret Mary Stuski Camp Hill, PA Franklin A. Miles Jr. Arvind Jewett Sudarshan Austin, TX Shannon H. Ratliff Morris Sutton New York, NY Patrick H. Barth Gary L. Swingle Los Angeles, CA Louis P. Petrich William A. Szotkowski St. Paul, MN James M. Schoessler Constance Lyn Trecartin Tucson, AZ Fredric F. Kay Robert Gregory Turner Houston, TX Kent Alan Schaffer David E. Tuszynski Atlanta, GA W. Pitts Carr Dwight H. Vincent Detroit, MI J. Walker Henry Arthur J. Viviani New York, NY Daniel Hayes Murphy II Donald A. Vogelsang Chicago, IL Gary M. Elden Dorothy Grandolfi Wagg North Reading, Patrick R. Carroll MA William Addison Walker Jr. Las Cruces, NM Barney James Reeves Edward H. Wasmuth Jr. Atlanta, GA Harold L. Russell Meredith Jones Watts San Francisco, CA Gail Yvonne Norton Marie Seth Weiner Burlingame, CA Joseph W. Cotchett Segal V. Wheatley Jr. San Antonio, TX Thomas Gilbert Sharpe Jr. John H. Widman King of Prussia, John J. McAleese PA Jr. James S.Williford Jr. Rockville, MD Garland Edward Lowe Elizabeth Anne Wilson Chicago, IL Josie Michelle Facianes Donna L. Wulkan Washington, DC John M. Copacino Arline Marie Zehe Euclid, OH Steven C. LaTourette Richard Stephan San Francisco, CA Norman Leonard Zuckerman 244 MONDAY. NOVEMBER 27. 1989 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Elizabeth Louise Warner Los Angeles, CA James Edward Kenkel John B. Quigley Jr. Columbus, OH Shirley Adele Shank Norman J. White Glendale, CA Daniel J. Anderson

Oral Arguments

No. 88-1323. Louis W. Sullivan, Secretary of Health and Human

Services, et al., Petitioners v. Sandra Everhart, et al. Argued by Ms. Amy L. Wax for the petitioners, pro fiac vice, by special leave of Court, and by Ms. Linda J. Olson for the respondents.

No. 87-2066. W. S. Kirkpatrick & Co., Inc., et al., Petitioners v. Environmental Tectonics Corporation, International. Argued by Mr. Edward Brodsky for the petitioners, by Mr. Thomas B. Rutter for the respondent, and by Mr. Thomas W. Merrill for the United States, as amicus curiae, in support of the respondent, by special leave of Court.

No. 88-1480. Bob Reves, et al, Petitioners v. Ernst & Young. Ar- gued by Mr. John R. McCambridge for the petitioners, by Mr. Michael R. Lazerwitz for the Security Exchange Commission, as amicus curiae, in support of the petitioners, by special leave of Court, and by Mr. John Matson for the respondent.

No. 88-1650. Francine Tafflin, et al, Petitioners v. Jeffrey A.

Levitt, et al. Argued by Mr. M. Norman Goldberger for the petitioners and by Mr. Andrew H. Marks for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, NOVEMBER 28. 1989 245 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 87-1979. Chesapeake and Ohio Railway Company, Petitioner v. Nancy J. Schwalb and William McGlone; and

No. 88-127. Norfolk & Western Railway Company, Petitioner v. Robert T. Goode, Jr. On writs of certiorari to the Supreme Court of Virginia. Judgments reversed and cases remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Black- mun with whom Justice Marshall and Justice O'Connor join. Opinion by Justice Stevens concurring in the judgment.

No. 88-952. United States, Appellant v. Sperry Corporation, et al. Appeal from the United States Court of Appeals for the Federal Cir- cuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice White.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joshua Franklin Bowers Washington, DC H. Stephan Gordon Richard P. Schweitzer Washington, DC Richard A. Allen Charlene Robb Pierce Greenwood, MS Marvin Luther White Jr. Frank Campbell Vicksburg, MS Marvin Luther White Jr. John Harvey Stafford Jacksonville, IL Joseph Ray Davis Kevin Lee Stafford Washington, DC Joseph Ray Davis Jeffrey Higginbotham Washington, DC Joseph Ray Davis Kelly Miller Darden Jr. Woodbridge, VA Joseph Ray Davis Oral Arguments

No. 88-1377. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Brian Zebley, et al. Argued by Mr. Edwin S. 246 TUESDAY. NOVEMBER 28. 1989

Kneedler for the petitioner and by Mr. Richard P. Weishaupt for the respondents.

No. 87-1955. Gerald A. Lewis, etc., Appellant v. Continental Bank Corporation, et al. Argued by Mr. Arthur E. Wilmarth, Jr., for the appellant and by Mr. Andrew L. Gordon for the appellees.

No. 88-6613. Richard Boyde, Petitioner v. California. Argued by Mr. Dennis A. Fischer for the petitioner and by Mr. Frederick R. Millar, Jr., for the respondent.

No. 88-6873. Chandler Clemons, Petitioner v. Mississippi. Argued by Mr. Kenneth S. Resnick for the petitioner and by Mr. Marvin L. White, Jr., for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. NOVEMBER 29, 1989 247 SUPREME COURT OF THE UNITED STATES

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

Oral Arguments

No. 88-805. Ohio, Appellant v. Akron Center for Reproductive Health, et al. Argued by Ms. Rita S. Eppler for the appellant and by Ms. Linda R. Sogg for the appellees.

No. 88-1125. Jane Hodgson, et al., Petitioners v. Minnesota, et al.; and

No. 88-1309. Minnesota, et al., Petitioners v. Jane Hodgson, et al. Argued by Ms. Janet Benshoof for the petitioners in No. 88-1125 and the respondents in No. 88-1309, and by Mr. John R. Tunheim for the respondents in No. 88-1125 and the petitioners in No. 88-1309.

No. 88-6546. Albert Duro, Petitioner v. Edward Reina, Chief of Po- lice, Salt River Department of Public Safety, Salt River Pima-Maricopa

Indian Community, et al. Argued by Mr. John Trebon for the petitioner, by Mr. Richard B. Wilks for the respondents, and by Mr. Law- rence G. Wallace for the United States as amicus curiae, supporting the respondents, by special leave of Court.

No. 88-1105. Curtis Guidry, Petitioner v. Sheet Metal Workers Na- tional Pension Fund, et al. Argued by Mr. Eldon E. Silverman for the petitioner and by Mr. Joseph M. Goldhammer for the respondents.

Adjourned until Monday, December 4, 1989 at 10 o'clock. x

Order in Pending Case

No. 89-6144. Dalton Prejean, Petitioner v. Larry D. Smith, Warden, et al. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.

(JOURNAL) FRIDAY, DECEMBER 1, 1989 249 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 88-790. Bernard J. Turnock, et al., Appellants v. Richard M. Ragsdale, et al. The joint motion to defer further proceedings in this case is granted. Justice Stevens took no part in the consideration or decision of this motion.

(JOURNAL) MONDAY. DECEMBER 4. 1989 251 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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-390. Suzanne Clark, Applicant v. George Clark, III, et al. The application for stay addressed to the Chief Justice and referred to the Court is denied.

No. A-401. Robert R. Freeman, et al., Applicants v. Willie Eugene Pitts, et al. The application for stay of mandate of the United States Court of Appeals for the Eleventh Circuit presented to Justice Ken- nedy and by him referred to the Court is denied. The order heretofore entered by Justice Kennedy on November 22, 1989 is vacated. No. D-777. In the Matter of Disbarment of Michael Cooper. Disbar- ment order entered.

No. D-795. In the Matter of Disbarment of John J. Held. Disbarment order entered. No. D-805. In the Matter of Disbarment of Elliott H. Pollack. Dis- barment order entered.

No. D-842. In the Matter of Disbarment of Donald S. Eisenberg. It is ordered that Donald S. Eisenberg, of Miami Beach, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-843. In the Matter of Disbarment of Lawrence Brown. It is ordered that Lawrence Brown, of Encino, 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-844. In the Matter of Disbarment of R. Lewis Ray. It is ordered that R. Lewis Ray, of Winston-Salem, North Carolina, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 252 MONDAY, DECEMBER 4. 1989

No. D-845. In the Matter of Disbarment of C. Michael Davis. It is ordered that C. Michael Davis, 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-846. In the Matter of Disbarment of Peter Sanchez-Navarro, Jr. It is ordered that Peter Sanchez-Navarro, Jr., 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. 105, Original. State of Kansas, Plaintiff v. State of Colorado. The motion of the Special Master for award of interim fees and expenses is granted and the Special Master is awarded a total of $83,082.76 to be paid by Kansas, Colorado and the United States pursuant to the allocation order filed by the Special Master on October 9, 1989.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The motion of Minnesota for leave to intervene is referred to the Spe- cial Master. The motion of California, Michigan, Nebraska, Ohio and

Rhode Island for leave to file a complaint in intervention is referred to the Special Master. The motion of Colorado for leave to intervene is referred to the Special Master. The motion of Arkansas, Florida, Iowa, Mississippi, Missouri, New Hampshire and West Virginia for leave to file a complaint in intervention is referred to the Special Master.

No. 88-1872. Cynthia Rutan, et al., Petitioners v. Republican Party of Illinois, et al. The motion of Independent Voters of Illinois-Independ- ent Precinct Organization, et al. for leave to file a brief as amici curiae is granted.

No. 88-1897. Michigan Department of State Police, et al., Petitioners v. Rick Sitz, et al. The motion of National Organization of Mothers

Against Drunk Driving for leave to file a brief as amicus curiae is granted. The motion of Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted. The motion of American Alli- ance for Rights and Responsibilities, Inc., et al. for leave to file a brief as amici curiae is granted. The motion of National Governors' Associa- tion, et al. for leave to file a brief as amici curiae is granted. The motion of Appellate Committee of the California District Attorneys Asso- ciation for leave to file a brief as amicus curiae is granted.

No. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. The motion of respondent for leave to proceed further herein in forma paupe- MONDAY. DECEMBER 4. 1989 253 vis is granted. The motion for appointment of counsel is granted and it is ordered that Glenn P. Bruder, Esquire, of Edina, Minnesota, is appointed to serve as counsel for the respondent in this case.

No. 88-2043. Gerald L. Baliles, Governor of Virginia, et al., Petition- ers v. Virginia Hospital Association. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 88-2102. James Stewart, et al., Petitioners v. Sheldon Abend, dba Authors Research Company. The motion of Columbia Pictures In- dustries, Inc., et al. for leave to file a brief as amici curiae is granted. No. 88-2123. Department of the Treasury, Internal Revenue Serv- ice, Petitioner v. Federal Labor Relations Authority, et al. The motion of respondent National Treasury Employees Union for divided argument is granted.

No. 88-6546. Albert Duro, Petitioner v. Edward Reina, Chief of Po- lice, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community, et al. The motion of New Mexico, et al. for leave to file a brief as amici curiae, out-of-time, is denied.

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 89-61. United States, Petitioner v. Filiberto Ojeda Rios, et al.

The motions for appointment of counsel are granted and it is ordered that Margaret P. Levy, Esq., of Hartford, Connecticut, is appointed to serve as counsel for the respondents in this case.

No. 89-156. Pennsylvania Department of Public Welfare, et al., Peti- tioners v. Edward J. Davenport, et ux. The motion of Council of State

Governments, et al. for leave to file a brief as amici curiae is granted. The motion of Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted.

No. 89-593. Liberty Mutual Insurance Company, et al., Petitioners v. Commissioner of Revenue of Massachusetts. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Certiorari Granted

No. 88-1260. Citibank, N.A., Petitioner v. Wells Fargo Asia Lim- ited. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit granted. 254 MONDAY. DECEMBER 4. 1989

No. 89-333. California, Petitioner v. Federal Energy Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-369. General Motors Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit granted.

Certiorari Denied

No. 88-7440. Bill Wayne Jameson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-284. Dennis Loftus, et al., Petitioners v. Commissioner of In- ternal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-373. Alabama Power Company, et al., Petitioners v. Environ- mental Defense Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-378. Alabama, ex rel. Don Siegelman, Attorney General of

Alabama, et al., Petitioners v. United States Environmental Protection

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

No. 89-411. John C. Wistrom, Petitioner v. Duluth, Missabe and Iron Range Railway Company. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-418. Benjamin Franco, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-419. Keith A. Johnson, Petitioner v. Duluth, Missabe and Iron Range Railway Company. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-430. Thomas Noons and Philip Noons, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-443. Cajun Electric Power Cooperative, Inc., Petitioner v. Louisiana Public Service Commission. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 89-464. George W. Wilson, et al., Petitioners v. Pat Canterino, aka Pat Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. DECEMBER 4. 1989 255

No. 89-482. United States, Petitioner v. Barbara Ann Washington, Individually and as Guardian ad litem for Christa M. Washington, a minor. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-568. Chrysler Corporation, et aL, Petitioners v. Stanley Smolarek and Ralph Fleming. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-571. Administrators of the Tulane Educational Fund, Peti- tioner v. Michael Anthony Presti and Lloyd A. Pizzaloto, Sr. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-572. Harry B. Helmsley, et al., Petitioners v. Rosalyn 0.

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

No. 89-578. Joan Lynn Cain, Petitioner v. Bruce E. Larson, Police

Chief, Village of Herscher, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-580. Kenneth Abrams, Lawrence J. Alexander, Ingeborg

Chaban and James F. Flagle, Petitioners v. Communications Workers of America, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-582. Mary Ann Potts and Irwin A. Kossack, Petitioners v. Il- linois Deprtment of Registration and Education. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-588. Walton B. Noble, Petitioner v. James McMillan, et ux. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 89-590. Duane Wilkinson, Petitioner v. Safeway Stores, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-592. Ola Jo Gregory, Petitioner v. George Warren Gregory. Petition for writ of certiorari to the Court of Appeals of Missouri, East- ern District, denied.

No. 89-594. Clift C. Lane, et ux., Petitioners v. John E. Peterson, Jr., Walter W. Minger and Edward H. Covell. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-596. Nella K. Brainis, Petitioner v. Jefferson Parish School

Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 256 MONDAY, DECEMBER 4. 1989

No. 89-598. Thomas J. Pelsnik, Petitioner v. City of Fairview Park, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 89-600. William St. Clair, et al., Petitioners v. City of Chico, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-602. Joan Harvill, Petitioner v. Mary Sparrow. Petition for writ of certiorari to the Superior Court of the District of Columbia denied.

No. 89-603. Bucholtz Aviation, Inc., Petitioner v. City of Buffalo, New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-604. Ernst & Whinney, Petitioner v. Bradford-White Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-605. Lawrence M. Robertson, Jr., Petitioner v. State Board of Medical Examiners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-608. Lee Roy Black, et al., Petitioners v. John Bolin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-611. Lanson Newsome, Warden, Petitioner v. Calvin Gunn. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-613. Lawrence Lee Engel, Petitioner v. Clark County, Ne- vada. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-619. Frank J. Camoscio, Petitioners. Margaret Crowley. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-621. Bob Martinez, Governor of Florida, et al., Petitioners v. Jeffrey Raske. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-637. Raymond Prozzillo, et al., Petitioners v. American States Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-638. Harry M. Carvalho, Petitioner v. "Andrea C", her en- gines, tackle apparel, and furniture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, DECEMBER 4. 1989 257

No. 89-648. Alfredo Diaz, Eradio Perez and Jose Alfonso Riano, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-717. George Lee Mayer, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-723. Bernard Gelb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-725. Lorna L. Nelson, Petitioner v. PRN Productions, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-727. The Portman, Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-733. Andrew Toth, et al., Petitioners v. USX Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-744. Barbara Koucky Moody, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-752. Barry Weinstein, Petitioner v. Jack Ehrenhaus, Stanley Mesnick, dba Jack Ehrenhaus Associates. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-5104. Clifford Shizuo Ryono, Petitioners United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5173. Thomas R. Kitchen, Petitioner v. Felix Ojeda, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5333. Felton Joshua, Sr., et ux., Petitioners v. Sally N. New- ell, Foster Home Licensor, Department of Social and Health Services, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-5394. Thomas L. Agnew, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5450. Jose Maria Navarro-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. 258 MONDAY. DECEMBER 4. 1989

No. 89-5495. Timothy T. Cooper, Petitioner v. William Scott Eleazer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5519. David P. Neubauer, Petitioner v. United States; and

No. 89-5720. Davey L. Hilling, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5546. Caroline T. Corbit, Petitioner v. Hotel Redmont, et al. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-5603. Charles L. Moore, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 89-5622. David D. Schoolcraft, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5636. Charles W. Smith, Petitioner v. Joseph F. Mazurkie- wicz, Superintendent, State Correctional Institution at Rockview, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5638. David J. Barte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5755. Robert A. Gallagher, Petitioner v. Dave Holland. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5756. Robert Allen Gallagher, Petitioner v. Dean Curl. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5757. Robert Allen Gallagher, Petitioner v. Dean Curl, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5758. Herbert Hayes, Petitioner v. BE&K Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5759. Bruce Treadway, Petitioner v. Wayne Estelle, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-5777. Donald LeBlanc, Petitioner v. Jani-King, Inc., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. MONDAY, DECEMBER 4. 1989 259

No. 89-5779. Joseph Johns, Petitioner v. Charles T. S. Yee. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 89-5780. George Hartmann, Petitioner v. Merlinda Hartmann, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-5781. Aaron Wayne McCleary, Petitioner v. Aaron Ray. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5785. Doris McKinney Gambrell, Petitioner v. Arthur N. Martin, Jr., et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-5786. Joseph L. Forsyth, Jr., Petitioner v. Dave Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5787. Robert Earl Woods, Petitioner v. Charlie Jones, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-5788. Evelyn B. Jackson, Petitioner v. General Motors Ac- ceptance Corporation. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-5791. Robert Dale Gray, Petitioner v. Samuel A. Lewis, Di- rector, Arizona Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5799. Alberto Lopez, Jr., Petitioner v. Robert Tansy, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-5801. Kenneth Byron Davenport, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 89-5812. Norris Henderson, Petitioner v. Hilton Butler, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5819. Stanley Bernard Holmes, Petitioner v. Frank H. Hor- ton, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5820. Merton Bond, Petitioner v. Edward Johnstone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 260 MONDAY, DECEMBER 4. 1989

No. 89-5823. Dick Joe Ensminger, Petitioner v. Robert Borg, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5826. Marcia Spahr, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-5834. Jessie McDonald, Petitioner v. Carl Bailey. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5836. John S. Glunt, Petitioner v. Patrick W. Keohane, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-5840. Lawrence Nichols, Petitioner v. John Jabe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5841. Brian A. Brown, Petitioner v. District of Columbia De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-5842. Isiah James, Jr., Petitioner v. Parker Evatt, Commis- sioner, South Carolina Department of Corrections. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 89-5843. Donald E. Smith, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary at Parchman. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5846. Donjuarel Yowell, Petitioner v. Pamela Withrow. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5859. Roy Patrick Allen, Petitioner v. The Houston Chronicle Publishing Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5897. Jack C. Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5905. Freeman Monger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, DECEMBER 4, 1989 261

No. 89-5908. Juan Jose Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5910. Larry Ray Pritz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5911. Christopher James Mines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5912. John Holland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5919. Arslan Maskuli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5921. Anthony Sciarrino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5932. Owen Randall Alvey, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5942. Alice Biggs Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5957. Theofanis Papathanasion, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5960. Tommy Mason, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5965. Roberto Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-567. Jim Skinner Ford, Inc., Petitioner v. Jack D. Warren, et ux. The motion of Automobile Dealers Association of Alabama, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice White and Justice Blackmun would grant certiorari. 262 MONDAY. DECEMBER 4, 1989 Habeas Corpus Denied

No. 89-5953. In Re Daniel Stull and Henry Stull, Petitioners. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. 89-2. Frank J. Camoscio, Petitioner v. William J. Tierney, Ad- ministrative Justice, Boston Municipal Court Department, et al.; No. 89-305. Sheryl McGuire, Individually and as Mother and Next

Friend of Mike McGuire, a Minor, Petitioner v. City of Woodward,

Oklahoma, et al.;

No. 89-306. Malcolm T. Riley, III, Petitioner v. United Parcel Service;

No. 89-445. John M. Bruce, Jr., Petitioner v. Harlan & Harlan, et al.;

No. 89-461. Frank J. Camoscio, Petitioner v. Michael S. Dukakis, et al.;

No. 89-5117. Terry D. Clark, Petitioner v. New Mexico; and

No. 89-5483. Joseph L. Ditta, Petitioner v. Branch Motor Express and Freight Drivers, Helpers, Dockmen and Allied Workers, Local Union 375. The petitions for rehearing are denied.

No. 88-5763. Benjamin Wai Silva, Petitioner v. California. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, December 11, 1989 until

Monday, January 8, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Gerardo D. Abascal New Orleans, LA John Anthony Occhipinti Michael F. Adoue New Orleans, LA John Anthony Occhipinti Hector G. Arana Nogales, AZ Edward Leigh Larson Dennis Michael Barrett Birmingham, AL Robert McKim Norris Jr. MONDAY. DECEMBER 4. 1989 263

Applicant City and State Movant

David L. Bishop Minneapolis, MN Craig William Gagnon Paul David Bodin Coral Gables, FL Joseph E. McGuire Andrea M. Buford Chicago, IL Josie Michelle Facianes N. Franklyn Casey Tulsa, OK Dan A. Rogers James L. Chivers Binghamton, NY James F. Lee Nathaniel R. Coleman Jr. Greeneville, TN John D. Goodin Leanne DeShong Kansas City, MO Patrick McLarney Dean Ewell Dennis Los Angeles, CA William McClure Bitting Amy L. Donohue-Babiak Philadelphia, PA Denis V. Brenan Thomas Felder Dorn Jr. South Orange, NJ Robert P. Glickman Gary Robert Dorst Orlando, FL J. Cheney Mason Richard Vaudry Dymond Gulfport, MS Jesse Boyce Holleman Ransom A. Ellis III Springfield, MO Ransom A. Ellis Jr. Sheldon Ross Emmer Los Angeles, CA Louis Harold Aikens Jr. William B. Fernambucq Birmingham, AL Eugene D. Martenson David Nelson Garst Knoxville, TN James Erwin Fox Christopher Lee Grant Washington, DC Paul R. Haerle John Frederick Guerra McAllen, TX John C. Cowley Michael M. Heimlich Norwalk, OH Earl Raynor McGimpsey Daniel David Hu Houston, TX James Patrick Cooney Cynthia Lucas Humbert Stockton, CA Robert Thomas Harris Jerry Jay Kaufman Southfield, MI David Lee Nelson Maxie G. Kizer Pine Bluff, AR Kenneth B. Bairn James R. Koecher Houston, TX Gerald Byron Sims

Edward J. LaBarre Colorado Springs, Jeffrey R. CO Wheeler 264 MONDAY. DECEMBER 4. 1989

Applicant Movant

Catherine S. L. Locke College Station, Lowell Frank TX Denton Cheryl Hamer Mackell San Francisco, CA James Farragher Campbell Migdalia Maldonado New York, NY Kenneth N. Browne Todd J. Manister Jericho, NY Robert P. O'Brien Gail Patricia Massad Westland, MI Christopher Joseph Johnson Jose C. Romo Matienzo San Juan, PR Olga M. Shepard de Mari Andrew Miles McDonald Baltimore, MD F. Ford Loker Jr. Corey BrentMoore Sterrett, AL John Martin Galese

Johnny Nick Panos Decatur, GA Robert J. Castellani James T. Ponzio Santa Rosa, CA Joseph Anthony Piasta II Joseph Procopio Waterbury, CT Thomas Robert Frizzell George Banks Ready Hernando, MS William E. Ready Jeffrey A. Rhoades Lafayette, LA James Joseph Davidson III

Steven J. Riggs Washington, DC Wayne S. Bishop

William H. Robinson Jr. Stroudsburg, PA Edward I. Swichar Luz M. Rios Rosario San Juan, PR Olga M. Shepard de Mari Jim W. Rose Gulfport, MS Jesse Boyce Holleman Denise Rowe Los Angeles, CA Louis Harold Aikens Jr. Richard H. Sanders Chicago, IL Theophil C. Kammholz James F. Schaeffer Jr. Bartlett, TN Henry V. Sutton John Leon Selis Cleveland, OH James Worthington Sanders MONDAY. DECEMBER 4. 1989 265

Applicant City and State Movant

Jerry Sevy Atlanta, GA Joseph F. Page

Carolyn K. Seymour Cleveland, OH Terence J. Clark David B. Siegel Washington, DC Richard McMillan Jr. Mike Soumbeniotis Carson City, NV James Todd Russell James Atwood Taylor III Vero Beach, FL Stuart Alan Stanley Rick Eugene Temple Springfield, MO Ransom A. Ellis Jr. Judith H. Toole Madison, WI Eunice Gibson

Stewart J. Umholtz Pekin, IL Bruce Wallace Black Nicholas Velez Bronx, NY Christopher Edward Finger Francisco Quinones San Juan, PR Radames A. Vizcarrondo Torruella Joseph Louis Vullo Wilkes-Barre, PA Charles P. Gelso Kelly C. Walker Gulfport, MS Billy W. Hood Edward Carl Walton San Diego, CA H. Lawrence Serra Jaime Crow Waters New Orleans, LA Darrell Keith Cherry

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Jonathan Edward Turak Moundsville, WV James T. Hemphill Melissa C. Miller Palatka, FL Huntle Johnson Jr. Alison M. Leigh New York, NY Stephen Kurzman Joseph T. Maziarz Phoenix, AZ Douglas Ross Marc P. Ossinsky Orlando, FL Louis Ossinsky Jr. Christopher John Klicka Fairfax, VA Michael P. Farris Mary E. Wilson Houston, TX William Vincent DePaulo 266 MONDAY. DECEMBER 4. 1989

Applicant City and State Movant

William T. Little Houston, TX William T. Little Holly Harvel Williamson Houston, TX James Vincent Carroll III Mark Edward Schwartz Houston, TX James Vincent Carroll III

Oral Arguments

No. 88-1685. National Labor Relations Board, Petitioner v. Curtin Matheson Scientific, Inc. Argued by Mr. David L. Shapiro for the petitioner and by Mr. James V. Carroll, III, for the respondent.

No. 88-1595. Kaiser Aluminum & Chemical Corporation, et al. , Peti- tioners v. Joseph A. Bonjorno, et al.; and

No. 88-1771. Joseph A. Bonjorno, et al., Petitioners v. Kaiser Alumi- num & Chemical Corporation, et al. Argued by Mr. Richard P. Mc- Elroy for Kaiser Aluminum & Chemical Corporation, et al. and by Mr. Henry T. Reath for Joseph A. Bonjorno, et al.

No. 88-1835. Florida, Petitioner v. Martin Leslie Wells. Argued by Mr. Michael J. Neimand for the petitioner and by Mr. Huntley Johnson for the respondent.

No. 88-1369. Maryland, Petitioner v. Jerome Edward Buie. Argued by Mr. Dennis M. Sweeney for the petitioner, by Mr. Lawrence S. Rob- bins for the United States, as amicus curiae, supporting the petitioner, by special leave of Court, and by Mr. John L. Kopolow for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. DECEMBER 5. 1989 267 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today the Court has adopted revised rules governing practice and procedure before the Court. The revised rules will become effective on

January 1, 1990, and will supersede the rules of the Court currently in effect."

Order

It is ordered that the revised Rules of this Court, today approved by the Court and lodged with the Clerk, shall become effective January 1, 1990, and be printed as an appendix to the United States Reports. It is further ordered that the Rules promulgated April 14, 1980, and appearing in Volume 445 of the United States Reports, together with all amendments thereof be, and they hereby are, rescinded as of De- cember 31, 1989, and that the revised Rules shall govern all proceedings in cases thereafter commenced and, in so far as practicable, all proceedings in cases then pending.

Opinions

No. 88-791. Pavelic & Leflore,. Petitioner v. Marvel Entertainment Group, et al. On writ of certiorari to the United States Court of Appeals for the Second 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 Scalia. Dissenting opinion by Justice Marshall.

No. 88-840. Golden State Transit Corp., Petitioner v. City of Los Angeles. 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 Ken- nedy with whom the Chief Justice and Justice O'Connor join.

No. 88-124. Lynn L. Breininger, Petitioner v. Sheet Metal Workers International Association Local Union No. 6. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment Af- firmed in part, reversed in part and case remanded to the Court of Ap- 268 TUESDAY, DECEMBER 5. 1989 peals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Scalia joins.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert J. McNeily Washington, DC Elmer Eugene Luther Edward J. Bergman Princeton, NJ Michael Thomas Barrett

Oral Arguments

No. 88-1668. Atlantic Richfield Company, Petitioner v. USA Petro- leum Company. Argued by Mr. Ronald C. Redcay for the petitioner, by Mr. John G. Roberts, Jr., for the United States and Federal Trade Commission as amid curiae, supporting the petitioner, by special leave of Court, and by Mr. Maxwell M. Blecher for the respondent.

No. 87-2048. Texaco, Inc., Petitioner v. Ricky Hasbrouck, dba Rick's Texaco, et al. Argued by Mr. Peter M. Fishbein for the petitioner, by Mr. Michael R. Dreeben for the United States and Federal Trade Commission as amid curiae, supporting the petitioner, by special leave of Court, and by Mr. Robert H. Whaley for the respondent.

No. 88-5986. Clyde Osborne, Appellant v. Ohio. Argued by Ms. S. Adele Shank for the appellant and by Mr. Ronald J. O'Brien for the appellee.

Adjourned until tomorrow at 10 o'clock. x

Order in Pending Case

No. 89-6166. Wayne Tompkins, Petitioner v. Florida. The application for stay of execution of sentence of death presented to Justice Ken- nedy and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. (JOURNAL) WEDNESDAY. DECEMBER 6. 1989 269 SUPREME COURT OF THE UNITED STATES

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

Oral Arguments

No. 88-1503. Nancy Beth Cruzan, by her parents and co-guardians,

Lester L. Cruzan, et ux., Petitioners v. Director, Missouri Department of Health, et al. Argued by Mr. William H. Colby for the petitioners, by Mr. Robert L. Presson for the respondents, and by Mr. Solicitor Gen- eral Kenneth W. Starr for the United States, as amicus curiae, supporting the respondents, by special leave of Court. No. 88-1719. Chauffeurs, Teamsters and Helpers, Local No. 391, Pe- titioner v. Thomas C. Terry, et al. Argued by Mr. J. David James for the petitioner and by Mr. Robert M. Elliot for the respondents.

No. 88-192. McKesson Corporation, Petitioner v. Division of Alco- holic Beverages and Tobacco, Department of Business Regulation of

Florida, et al. Forty-five minutes allowed for reargument. Reargued by Mr. David G. Robertson for the petitioner and by Mr. H. Bartow Farr, III, for the respondents.

No. 88-325. American Trucking Associations, Inc., et al., Petitioners v. Maurice Smith, Director, Arkansas Highway and Transportation De- partment, et al. Forty-five minutes allowed for reargument. Reargued by Mr. Andrew L. Frey for the petitioners and by Mr. A. Raymond Randolph for the respondents.

Adjourned until Monday, December 11, 1989 at 10 o'clock. x

Order in Pending Case

A-433. Carlos DeLuna, Applicant v. James A. Lynaugh, Director, Texas Department of Corrections. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

(JOURNAL) MONDAY, DECEMBER 11. 1989 271 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, and Justice Kennedy. 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. — . Samuel M. Humphrey, Petitioner v. Ralph Bates, et al. The motion to direct the Clerk to file the petition for a writ of certiorari, out-of-time, is denied. Justice Blackmun dissents and would grant the motion. No. D-806. In the Matter of Disbarment of Richard Mario Biaggi. Disbarment order entered. No. D-809. In the Matter of Disbarment of Bernard Gordon Ehrlich. Disbarment order entered. No. D-810. In the Matter of Disbarment of Stanley Simon. Disbar- ment order entered. No. D-817. In the Matter of Phillip Singer. Phillip Singer, of Beverly Hills, 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 November 6, 1989, is hereby discharged.

No. D-847. In the Matter of Disbarment of Walter L. Nixon, Jr. It is ordered that Walter L. Nixon, Jr., of Biloxi, Mississippi, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-848. In the Matter of Disbarment of Gerald Duane Williams. It is ordered that Gerald Duane Williams, of Portland, Oregon, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 88-1281. Alex Ngiraingas, et al, Petitioners v. Francisco Q.

Sanchez, etc., et al. The motion of the Solicitor General for leave to par- 272 MONDAY, DECEMBER 11. 1989 ticipate in oral argument as amicus curiae and for divided argument is granted. Justice Kennedy took no pail in the consideration or decision of this motion.

No. 88-1400. Franchise Tax Board of California, et al., Petitioners v. Alcan Aluminium Limited, et al. The motion of respondent Imperial Chemical Industries PLC to expunge representations of counsel made during oral argument is denied. No. 88-1897. Michigan Department of State Police, et al, Petitioners v. Rick.Sitz, et al. The motion of Mothers Against Drunk Driving Michi- gan for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 88-2018. Illinois, Petitioner v. Edward Rodriguez. The motion of respondent to supplement the record is granted.

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona. The motion of petitioner for additional time for oral argument is denied.

No. 89-156. Pennsylvania Department of Public Welfare, et al., Peti- tioners v. Edward J. Davenport, et ux. The motion of the Solicitor Gen- eral for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 89-243. Eli Lilly and Company, Petitioner v. Medtronic, Inc. The motion of Neuromedical Technologies, Inc. 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. 89-255. United States, Petitioner v. Energy Resources Co.,

Inc., et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 89-579. Charter Company, Petitioner v. Certified Class in the

Charter Securities Litigation, et al. The motion of the parties to defer consideration of the petition for a writ of certiorari is granted.

No. 89-5884. Franklin Miller, Petitioner v. Howard Hall. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until January 2, 1990, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. MONDAY. DECEMBER 11. 1989 273 Certiorari Granted

No. 89-742. James A. Lynaugh, Director, Texas Department of Cor- rections, Petitioner v. Carroll F. Youngblood. 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.

Certiorari Denied

No. 88-7595. Michael Chambless, et al., Petitioners v. United States; and Miguel Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-193. District No. 1, Pacific Coast District, Marine Engineers'

Beneficial Association, et al., Petitioners v. Robert N. Finnie. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 89-387. Robert Poss, et al., Petitioners v. Michael Howard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-454. Amoco Production Company, Petitioner v. Manuel Lu- jan, Jr., Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-455. Ronald V. Cloud, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-471. James N. Constant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 89-475. Peat Marwick Main & Co., Petitioner v. Philip D. Rob- erts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-488. Robert Sepulveda, et al., Petitioners v. Pacific Maritime

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

No. 89-496. Rodney F. Stich, Petitioner v. United States District Court for the Eastern District of California (William Jensen, Judge, Superior Court of California, Solano County, et al., Real Parties in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 274 MONDAY. DECEMBER 11. 1989

No. 89-551. George Justice Moor, Petitioner v. City of Auburn Hills and Maurice James Nolin. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-573. Bob Herbert & Associates, Inc., Petitioner v. King Man- ufacturing & Sales, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-623. Domingo Avila, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-625. Troy Hill, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-627. Carmen R. Stanfield, Petitioner v. Betty W. Horn, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-630. City of Kilgore, Texas, Petitioner v. Gary D. Moore. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-632. GK Trucking Corp., et al, Petitioners v. Francis L. Lacina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-634. Central States, Southeast and Southwest Areas Pension

Fund, Petitioners v. Banner Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 89-636. John P. Barrett, dba Barrett Outdoor Communications,

Petitioner v. J. William Burns, Commissioner of Transportation of Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-642. Columbus-McKinnon, Inc., Petitioner v. Gearench, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-643. A. Richard Golub, Petitioner v. Hydra Offshore, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-646. Jonathan W. Duncan, Petitioner v. Immigration and

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

No. 89-683. Robert B. Waterhouse, Petitioner v. Ramon J. Rodri- guez, Chairman, New York State Board of Parole, et al. Petition for MONDAY. DECEMBER 11. 1989 275 writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-687. Linda Diane Clark, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-714. Roy G. Powell, et ux., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-718. David Edward Martel, Petitioner v. Lionel Talbot, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-719. United States, Petitioner v. Franklyn C. Nofziger. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-730. Gerald Patrick Dietrick, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-765. Johnny Whitfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5198. Monte E. Anderson, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 89-5540. Anne Haines, Robert Braun, Monica Migliorino and

Robert Holmberg, Petitioners v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 89-5569. Wesley J. Bucey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5578. Kent Wayne Thompson, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-5591. Ronald Tracy Luten, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5605. Keith Anderson and Byron Carlisle, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5637. Jesus Pastor, Petitioner v. United States. Petition for writ of certiorari To the United States Court of Appeals for the Sixth Circuit denied. 276 MONDAY. DECEMBER 11. 1989

No. 89-5684. Debro Siddiq Abdul-Akbar, Petitioner v. G. L. Fowler, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5732. Gladys Watson, Petitioner v. J. J. Jennings, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5789. Jeffrey Gibson, Petitioner v. United States Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5815. Anant Kumar Tripati, Petitioner v. Federal Deposit In- surance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5821. Edward McKeever, Jr., Petitioner v. Sherman Block, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5838. Harry Bout, Petitioner v. Robert Brown, Jr., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5857. Rudolph R. Hoskins, Petitioner v. Daniel B. Vasquez, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5899. Robert L. Jarrett, Jr., Petitioner v. Minute Man, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-5907. Walter Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5917. Clifford D. Noe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5918. Carl Henderson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-5929. Dallas Ray Delay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5939. James S. Jenkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, DECEMBER 11. 1989 277

No. 89-5941. Jeffrey A. Weakley, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 89-5945. Ronald L. Lipscomb, Petitioner v. Dan Carothers, Su- perintendent, Yukon Kuskokwim Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5966. John Hartog, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-5967. Curtis Patrick Harris, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5968. Steve Lawse, Petitioner v. Robert J. Corry, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5988. Clement Abadie and Raymond Palazzolo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7384. Joe L. Sorola, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 89-450. Texas Medical Association, et al., Petitioners v. Louis

W. Sullivan, Secretary of Health and Human Services, et al. The motion of petitioners to strike brief of Blue Cross/Blue Shield of Texas,

Inc. is denied. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-595. John M. Ratelle, Warden, Petitioner v. Dwight Edward Martin. 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. 89-650. Richard Dugger, Secretary, Florida Department of Cor- rections, et al., Petitioners v. Theodore Christopher Harris. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Brennan, concurring in the denial of certiorari: I agree that respondent's lawyers rendered ineffective as- sistance of counsel in violation of the Sixth and Fourteenth Amend- ments. Adhering to my view that the death penalty is in all circum- 278 MONDAY, DECEMBER 11, 1989

stances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U.S. 153, 227

(1976) (Brennan, J., dissenting), I would hold that the State is pre- cluded on remand from imposing a sentence of death.

No. 89-653. John Gagliardi, Petitioner v. American Telephone & Telegraph 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. 89-654. Mary Ann Dean, Petitioner v. Denise E. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White and Justice Blackmun would grant certiorari.

No. 89-5158. Calvin Ash, Petitioner v. John Wilt, Warden, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 89-5319. Bruce L. Franzen, Petitioner v. George Deeds, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 89-5795. William Howard Putman, Petitioner v. Walter 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.

No. 89-5802. Glenn Holladay, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5958. John Espiredion Valerio, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 89-656. In Re Gabriel International, Inc. The petition for writ of mandamus is denied.

Rehearings Denied

No. 89-5392. Paul Exzure Cofield, Petitioner v. Robert McCormick

Adams, et al.;

No. 89-5532. Anthony M. Laurenco, Petitioner v. Louis W. Sullivan, Secretary, Department of Health and Human Services; and MONDAY. DECEMBER 11. 1989 279

No. 89-5640. Walter A. Read, Petitioner v. Prothonotary, New Cas- tle County, Delaware, et al. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Peter Burke Abele McArthur, OH Michael A. Nolan Kimberly Ann Howard Nogales, AZ Edward Leigh Arana Larson James J. Armbruster Washington, DC Carol Connor Flowe Steven Backfisch Newark, NJ Dennis Michael Cavanaugh

T Norma Crippen Ballard Nashville, TN Charles W ainman Burson Richard W. Bell Atlanta, GA R. Frost Branon Jr. Jessie F. Bennett Bridgeport, CT James F. W. Wojeck Ron T. Blewett Lewiston, ID Michael E. McNichols Alan David Brown Bloom Los Angeles, CA Dennis M. Barry Joseph E. Burns Dallas, TX Jerome Howard Ferguson Lane A. Carson Covington, LA Harry P. Pastuszek Jr. Timothy Joseph Cavenagh Oak Park, IL Roger Philip Michael Flahave Nicholas E. Chimicles Haverford, PA Richard D. Greenfield

James Bennett Clark St. Louis, MO Lloyd A. Palans Paul Thomas Clark Lewiston, ID Darrel W. Aherin Gregory Paul Crinion Houston, TX William J. Stack Benjamin Paul Dean Washington, DC Judge George Herbert Goodrich Richard Elliot Dorl Stamford, CT William B. Gerwig Paula Heirtzler Dunham Beaumont, TX John D. Rienstra Jr. 279A MONDAY. DECEMBER 11. 19S9

Applicant City and State Movant

James A. Feldman Washington, DC Myer Feldman Andrea C. Ferster Washington, DC Elizabeth Sherrill Merritt Jane Deutscher Fishman Plantation, FL Howard M. Zeid wig- Cnythia S. Fox San Antonio, TX Thomas Gilbert Sharpe Jr. William Howard Ginsburg Los Angeles, CA Harvey Todd Oringher

Jill A. Griffin Washington, DC Robert James Englehart Tristam Olin Hage Minneapolis, MN Terry L. Mitchell Jerry L. Haggard Phoenix, AZ Burton M. Apker Joan Lawrence Heim Washington, DC Mary L. Azcuenaga Donald William Heine Jr. Los Angeles, CA Robert Maltby Dohrmann Randy Lee Hill Arkadelphia, AR Bobby W. Sanders Robert G. Hulteng San Francisco, CA George J. Tichy II Robert T. Jarvis Sherman, TX William Ralph Elliott Joseph Jones Decatur, GA Prince Albert Brumfield Jr.

James Arthur Judge Anaheim, CA Theodore S. Wentworth Sally Joy Kircher Jacksonville, FL Charles Clayland Rettberg Jr Otto Kleinschmidt Holbrook, NY Michael Mario Capasso Michael D. Kohn Washington, DC David L. Shapiro Stephen M. Kohn Washington, DC David L. Shapiro John Mark Kraus Tallahassee, FL James Aaron Peters

David J. L'Hoste New Orleans, LA John F. Whitney Patricia Louise Makin Houston, TX Michael E. Tigar John W. Marshall Boston, MA William P. Homans Jr. MONDAY. DECEMBER 11. 1989 279B

Applicant City and State Movant

Beverly B. Martin Atlanta, ua Michael J. Bowers ddmeb r dll ILK IVlCrlllUI c Wb rVlcAdllUI la, V r\. James ratriCK 111TTT McAndrews Bruce Alvin McKenna iuisa, U1V Jefferson Davis

a 1 1 qvo

T? i/^Vi o v»r1 A lion lVTodl n £iiTYi H)ll IIllll^IlcuIl, .rvJU ouiui olull v owen Peter Frederick Michaelson Breckenridge, CO Thomas P. Casey uaroi L^oraeii lviuiuns Denver, CO Maurice G. Knaizer John Walshe Murray Palo Alto, CA Mary Elizabeth j ansing XT * Nicholas Nagrich IVlODlie,MrvKi'lo AL/A T Robert Herschel oiniLii Harry Moy Ng wasnington, uu Joseph C. Russo jr. Michael Bruce 0 Haire Clearwater, FL Terry Alan r urnen Ovlcinrln T^T XVUIlcUU IVldl L1I1 V/Wcll rvdipii v . nduicy illTTT

Richard Alan Pizzo Oklahoma City, it. i nomas OPT r>edaies dr.

JUI1I1 OLULL r lUIIlIIlcI Ovlcmrln FT TJ-/CUI1.anri XiUIlLcI1-4 nntor Handley Judith Rivlm Washington, DC Donald Wiener r isner lorn 1. Koss Jr. uiarKsdale, Mb JJavici K. riunt Barry Edward Ryan opoKane, wa Paul Judson AllloUIl

Martha E. Sassone uretna, .la r>ruce kj. VV IllLLdiicI Susan Marie Schauf lllCSOn, AZj naroia w amocK Daniel W. Schermer Minneapolis, MN jjougias orian Altman Thomas Rowe Schwarz Jr. Jefferson City, Thomas MO Christopher Graham Anthony P. Serritella Los Angeles, CA George J. Franscell 279C MONDAY. DECEMBER 11, 1989

Applicant City and State Movant

John G. Simmons Idaho Falls, ID Roger Dee Cox David Gabriel Slezak Cleveland, OH James Worthington Sanders Carlton M. Smith New York, NY Richard A. Levine Jeffrey Winslow Smith Phoenix, AZ Philip T. Goldstein John Frederick Southworth Los Angeles, CA Dennis M. Barry Rickey Gene Strange Midland, TX Charles L. Tighe Richard M. Thompson Gretna, LA Bruce G. Whittaker Carol Lynne Van Scoyoc White Plains, NY Kenneth E. Powell Stephanie Wald San Francisco, CA Winifred Younge Smith Robert B. Wales El Paso, TX Norman N. Rosen Dennis G. Walsh Chicago, IL Richard Thomas Wimmer Richard Douglas Welch Columbus, OH C. Richard Grieser Max Arthur Wernick Dallas, TX Michael Curtis Barrett Diana Lee Winfrey Los Angeles, CA Harvey Todd Oringher Daniel J. Yakoubian Washington, DC George P. Michaely Jr.

Opinions

No. 88-1203. Hoffmann-La Roche Inc., Petitioner v. Richard Sper- ling, et al. On writ of certiorari to the United States Court of Appeals for the Third 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 Kennedy. Dissenting opinion by Jus- tice Scalia with whom the Chief Justice joins. No. 88-1083. John Doe Agency and John Doe Government Agency,

Petitioners v. John Doe Corporation. 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 Blackmun. Statement by Justice Blackmun. Concurring opinion by Justice Bren- MONDAY. DECEMBER 11. 1989 279D

nan. Dissenting opinion by Justice Stevens. Dissenting opinion by Jus- tice Scalia with whom Justice Marshall joins.

No. 88-1474. United States, Petitioner v. Goodyear Tire and Rubber Company and Affiliates. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Karlene Worthington Goller Washington, DC John P. Cole Jr. Timothy Augustus Dixon New York, NY Justice Hansel L. McGee Patricia Lynn Gatling New York, NY Justice Hansel L. McGee Jeanne M. Hammock New York, NY Justice Hansel L. McGee Edward R. Hammock Brooklyn, NY Justice Hansel L. McGee Duane Alphonse Hart St. Albans, NY Justice Hansel L. McGee Pamela Denise Hayes New York, NY Justice Hansel L. McGee T Anthnnv Havlp^ Npw York NY .Timtiop Harmpl L McGee Barbara E. King New York, NY Justice Hansel L. McGee Lila Edna Kirton Brooklyn, NY Justice Hansel L. McGee Mortimer Anthony New York, NY Justice Hansel L. Lawrence McGee Karol Baird Magnum Jamaica, NY Justice Hansel L. McGee Alix Mondesir Queens, NY Justice Hansel L. McGee Wilfred Rugless O'Connor New York, NY Justice Hansel L. McGee Reginald M. Towe New York, NY Justice Hansel L. McGee 279E MONDAY. DECEMBER 11. 1989

Applicant Citv and State Movant

Cynthia Yvonne Allen New York, NY Justice Hansel L McGee Peter Floyd Anderson Jr. Bronx, NY Justice Hansel L McGee Sharlene Williams Browne New York, NY Justice Hansel L McGee Hugh W. Campbell Bronx, NY Justice Hansel L McGee Deveraux Leon Cannick New York, NY Justice Hansel L McGee Tandra L. Dawson New York, NY Justice Hansel L McGee Carol R. Edmead New York, NY Justice Hansel L McGee Glenn Finley Bronx, NY Justice Hansel L McGee Shirley Ferrell Gajewski New York, NY Justice Hansel L McGee Joseph L. Galiber New York, NY Justice Hansel L McGee Marguerite A. Grays Jamaica, NY Justice Hansel L McGee Valerie Diann Greaves New York, NY Justice Hansel L McGee Debbie Irene Humphrey Brooklyn, NY Justice Hansel L McGee Donna Ann Humphrey New York, NY Justice Hansel L McGee William C. Israel New York, NY Justice Hansel L McGee Cheryl Scott Johnson New York, NY Justice Hansel L McGee Arnold P. Keith Jr. New York, NY Justice Hansel L McGee John Drew Lindsay Jr. New York, NY Justice Hansel L McGee Carol Elyse Magett New York, NY Justice Hansel L McGee MONDAY. DECEMBER 11. 19*9 279F

Applicant City and State Movant

Teresa Mason IS ev\ i oi k, A 1 Justice Hansel L. MCuree

Miiagros A. Aiato^ i\ev\ l OIK, A 1 Justice Hansel L. Mcljree Kene M\ att Cambria Heights, Justice Hansel L. vrv JN 1 ivlcijree Eugene Oliver Jr. Bronx, N\ Justice Hansel L. McLree

Denise A. Outran! New 1 ork. N i Justice Hansel L. Mcijree

Evelyn r leuretta v\ altrous £51 OOkl\ n, IN 1 Justice Hansel L. lMcoee

Dolores Leone v\ altrous r5i ooku n, i\ 1 Justice Hansel L. MpfrPP Winston Spencer Waters New York, NY Justice Hansel L. McGee Celestyne Terez Williams New York, NY Justice Hansel L. McGee Stephen R. Drew Grand Rapids, MI Justice Hansel L. McGee

Adjourned until Monday, January 8, 1990 at 10 o'clock. x

(JOURNAL) THURSDAY. DECEMBER 28. 1989 281 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-476. Chabad, Chabad of Pittsburgh, Jay Greenwald, Sara

Creeger and Myron Lurie^ Applicants v. City of Pittsburgh. The motion of the City of Pittsburgh to vacate the order entered by Justice Bren- nan on December 22, 1989, is denied. The Chief Justice, Justice Stevens and Justice Scalia would grant the motion.

(JOURNAL) MONDAY. JANUARY 8. 1990 283 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. 89-556. Louisiana, ex rel. William J. Guste, Jr., Attorney Gen- eral of Louisiana, Appellant v. United States, et al.; No. 89-557. Board of Supervisors of Southern University and Agri- cultural and Mechanical College, Appellant v. United States, et al.; and

No. 89-771. Louisiana, ex rel. Charles E. "Buddy" Roemer, III,

Governor of Louisiana, Appellant v. United States, et al. Appeals from the United States District Court for the Eastern District of Louisiana. The appeals are dismissed for want of jurisdiction.

No. 89-6061. David R. Rawls, Appellant v. United States. 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.

Certiorari— Summary Disposition

No. 89-647. City of Idaho Falls, Idaho, Petitioner v. Project 80's, Inc. and David John Fitzen. 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 Board of Trustees of the State Uni- versity of New York v. Fox, 492 U.S. (1989).

No. 89-5991. Raymond Patterson, Petitioner v. South Carolina. On petition for writ of certiorari to the Supreme Court of South Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of South Carolina for further consideration in light of Griffith v. Kentucky, 479 U.S. 314 (1987). 284 MONDAY, JANUARY 8, 1990

Orders in Pending Cases

No. . Benjamin Brewer, Petitioner v. Oklahoma. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. — . Jack E. Fleming, Petitioner v. District Court for the County of El Paso, Colorado, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Kenneth J. Salter, Petitioner v. Gerald H. Goldberg, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Kartis Ewing, Petitioner v. W. A. Maples, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. Justice Blackmun dissents and would grant the motion.

No. A-259. Paul Fazzini, Applicant v. John Gluch, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. Justice Blackmun dissents and would grant the motion.

No. A-389. Lucian Rossi, Applicant v. YMCA of Greater New York. The application for stay addressed to Justice White and referred to the

Court is denied.

No. A-452. Pacific Mutual Life Insurance Co., Applicant v. Cleopa- tra Haslip, et al. The application for stay presented to Justice Kennedy and by him referred to the Court is granted and it is ordered that execution and enforcement of the judgment of the Supreme Court of Ala- bama, case No. 87-482, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. In the event the petition for a writ of certiorari is denied, this order terminates automatically. Should the petition for a writ of certiorari be granted, this order is to remain in effect pending the issuance of the mandate of this Court. This order is further conditioned upon the supersedeas bond presently posted with the Clerk of the Circuit Court of Jefferson County, Alabama, Civil Ac- tion No. CV 82-2453, remaining in effect. No. D-824. In the Matter of Kenneth H. Hopp. Kenneth H. Hopp, of Yucaipa, 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 November 6, 1989, is hereby discharged.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. The motion of Georgia for leave to file a rebuttal brief is granted. MONDAY. JANUARY 8. 199C 285

No. 88-1323. Louis W. Sullivan, Secretary of Health and Human

Services, et al., Petitioners v. Sandra Everhart, et al. The motion of respondents to substitute Doris Everhart as party respondent in place of Thomas Everhart, deceased, is granted. No. 88-1597. Board of Education of the Westside Community

Schools, etc., et al., Petitioners v. Bridget C. Mergens, by and through her next friend, Daniel N. Mergens, et al. The motion of petitioner for leave to file a reply brief, out-of-time, is granted.

No. 88-1872. Cynthia Rutan, et al, Petitioners v. Republican Party of Illinois, et al.; and

No. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan, et al. The motion of North Carolina Professional Fire Fighters Association for leave to file a brief as amicus curiae is granted.

No. 88-1891. M & M Construction Company, Inc., Appellant v. Great American Insurance Company. The motion of appellee for damages is denied.

No. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. 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 Con- necticut, et al. for leave to participate in oral argument as amici curiae, for divided argument and for additional time for oral argument is denied.

No. 88-1951. United States, Petitioner v. Frances L. Dalm. The motion of the Solicitor General to permit Christine Desan Husson, Esq. to present oral argument pro hac vice is granted.

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. No. 88-7146. Jonas H. Whitmore, individually and as next friend of

Ronald Gene Simmons, Petitioner v. Arkansas, et al. The motion of respondent Arkansas' counsel to be designated to present oral argument on behalf of both respondents is granted. The request for divided argument is denied.

No. 89-61. United States, Petitioner v. Filiberto Ojeda Rios, et al. The motion of respondents Rios, Diamante, Garcia, Ramos, Claudio, Negron, Carrion, Ruiz and Osorio for reconsideration of the order appointing counsel and to appoint Richard A. Reeve, Esquire, to argue case is granted. The motion of respondents Garcia, Ramos, Claudio, Negron, Carrion and Ruiz for reconsideration of order appointing coun- 286 MONDAY. JANUARY 8. 1990 sel and to appoint James L. Sultan, Esquire, to brief the case is denied.

The order appointing Margaret P. Levy, Esq., entered December 4, 1989, is vacated. Respondents are directed to file a single brief.

No. 89-213. Pennsylvania, Petitioner v. Inocencio Muniz. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. The motion of Council of State Govern- ments, et al. for leave to file a brief as amici curiae is granted.

No. 89-390. Pension Benefit Guaranty Corporation, Petitioner v. LTV Corporation, et al. The motion of American Society of Pension Ac- tuaries for leave to file a brief as amicus curiae is granted. The motion of Armco, et al. for leave to file a brief as amici curiae is granted. The motion of Retired Employees Benefits Coalition, Inc. for leave to file a brief as amicus curiae is granted.

No. 89-564. Maurice Glosemeyer, et al., Petitioners v. Missouri-

Kansas-Texas Railroad, et al. The motion of National Association of Re- versionary Property Owners for leave to file a brief as amicus curiae is granted. No. 89-5915. Stanley Joseph Smaczniak, Petitioners. Internal Reve- nue Service. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 29, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 89-322. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Tharon Rawson, etc., et al. Petition for writ of certiorari to the Supreme Court of Idaho granted and the parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the Clerk on or before February 9, 1990. The brief of the respondent must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, *1990. MONDAY. JANUARY 8. 1990 287

No. 89-393. Harry P. Begier, Jr., etc., Petitioner v. Internal Reve- nue Service. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted and the parties are directed to adhere to the following briefing schedule. The brief of petitioner must be received by the Clerk on or before February 9, 1990. The brief of respondent must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, "l990.

No. 89-542. Rudy Perpich, Governor of Minnesota, et al., Petitioners v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted and the parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the Clerk on or before Feb- ruary 9, 1990. The brief of the respondent must be received by the

Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.

No. 89-453. Metro Broadcasting, Inc., Petitioner v. Federal Commu- nications Commission, et al. The motion of Competitive Enterprise In- stitute 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 Dis- trict of Columbia Circuit granted limited to Questions 1 and 2 presented by the petition. The parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the

Clerk on or before February 9, 1990. The briefs of the respondents must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.

No. 89-535. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Elizabeth Stroop, et al. The motion of respondents for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted and the parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the

Clerk on or before February 9, 1990. The brief of the respondents must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, 1990. No. 89-700. Astroline Communications Company Limited Partner- ship, Petitioner n Shurberg Broadcasting of Hartford, Inc., et al. The motion of Congressional Black Caucus, et al. for leave to file a brief as amici curiae is granted. The petition for writ of certiorari to the United 288 MONDAY. JANUARY 8. 1990

States Court of Appeals for the District of Columbia Circuit granted and the parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the Clerk on or before February 9, 1990. The brief of the respondent must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.

No. 89-5691. Frasiel L. Hughey, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit are granted and the parties are directed to adhere to the following briefing schedule. The brief of the petitioner must be received by the Clerk on or before February 9, 1990. The brief of the respondent must be received by the Clerk on or before March 6, 1990, and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.

Certiorari Denied

No. 89-222. Samuel J. Piraino, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-278. David Foster Kennison and William Robert Black, Peti- tioners v. Beti Holcombe. Petition for writ of certiorari to the Court of Appeals of South Carolina denied.

No. 89-303. Texas, Petitioner v. Kenneth Joseph Smith. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 89-312. Syracuse Peace Council, 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. 89-317. Richard J. Wall, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-346. Alaska Airlines, Inc. and USAir, Inc., Petitioners v. De- partment of Revenue of Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 89-352. Maurice Silverstein, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-366. Women Involved in Farm Economics, Petitioner v. Clay- ton K. Yuetter, Secretary of Agriculture, et al. Petition for writ of cer- MONDAY. JANUARY 8. 1990 289 tiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 89-407. Phillip Paul Weidner, et al.. Petitioners v. Alaska, et al. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 89-424. Missouri, Petitioner v. Dennis Bulloch. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-433. Director of Revenue of Missouri, Petitioner v. Frederick Hackman, et ux. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-480. Marion Overton White, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-484. Fairprene Industrial Products Company, Inc., Peti- tioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-497. Harris County Flood Control District, et al., Petitioners v. Carl Johnston. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-508. United States Can Company, et al., Petitioners v. Inter- national Association of Machinists & Aerospace Workers, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 89-513. Lloyd B. Fisher, Petitioner v. James J. Krajewski, Judge, Lake County, Indiana County Court. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-514. Trinity Coalition, Inc., Petitioner v. Commissioner,

Texas Departmment of Human Services, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied.

No. 89-544. Pasquale J. Curcio, et al., Petitioners v. E. Thomas

Boyle, Suffolk County Attorney, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-549. Donald Eugene Staggs, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-553. Robert C. Guccione, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 290 MONDAY. JANUARY 8, 1990

No. 89-558. John P. Grey, Petitioner v. First National Bank of Chi- cago, et al. Petition for writ of certiorari to the Appellate Court of Illi- nois, First District, denied. No. 89-563. Vieux Carre Property Owners, Residents & Associates, Inc., Petitioner v. Lloyd Kent Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-565. United Transportation Union, et al., Petitioners v. CSX Transportation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-569. Hoodkroft Convalescent Center, Inc., et al., Petitioners v. New Hampshire Division of Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-575. John J. Harter, 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. 89-597. Jay E. Gregory, Sheriff of Patrick County, Virginia, et al. , Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-606. Judy Huber, Petitioner v. Simon Leis, Sheriff, Hamilton County, Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-612. Roberta Ottaviani, etc., et al., Petitioners v. State Uni- versity of New York at New Paltz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-618. John J. Bruno and John W. Mendicino, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-657. Phyllis Beatty Calabro, Petitioner v. Pennsylvania Workmen's Compensation Appeal Board (Rockwell International). Pe- tition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-659. Electro-Tech, Inc., Petitioner v. H. F. Campbell Co., et al. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-660. Julius Engel, Petitioner v. City of Stockton, California, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. MONDAY. JANUARY 8. 1990 291

No. 89-661. Twentieth Century Fox Film Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-663. Mary Mayer, Petitioner v. Chesapeake Insurance Com- pany Limited, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-667. Shirley Loftis, Petitioner v. Los Angeles Unified School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-669. Roland L. Goad, Petitioner v. Mary Beth Goad. Petition for writ of certiorari to the Court of Appeals of Texas, Sixth District, denied.

No. 89-670. Larry Zapp, et al., Petitioners v. United Transportation Union. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-673. John Yiamouyiannis, Petitioner r. Paul Thompson, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied.

No. 89-676. Leozie Pearson, Jr., et ux.. Petitioners v. Harrison Duck. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-678. Dean Poling, Petitioner v. Ellis Murphy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-684. Sample, Inc., Petitioner v. Pendleton Woolen Mills, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-691. Scott C. Tyler, et al, Petitioners v. Rich Berodt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-692. Big Apple Industrial Buildings, Inc., et al., Petitioners v. Procter and Gamble Company, et al; and

No. 89-805. American International Contractors, Inc., Petitioner v. Procter & Gamble Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-693. Marine Transport Lines, Inc., Petitioner v. Interna- tional Organization of Masters, Mates & Pilots. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 292 MONDAY. JANUARY 8. 1990

No. 89-694. Electric Power Board of Chattanooga, Petitioner v. Monsanto Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-698. John Paul Leisure, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 89-702. Champion Mortgage Company, Petitioner v. Lake Travis Island Ltd. Petition for writ of certiorari to the United States Court -of Appeals for the Fifth Circuit denied.

No. 89-703. Tommy Ewing, Petitioner v. St. Louis Southwestern Railway Company. Petition for writ of certiorari to the Court of Ap- peals of Missouri, Eastern District, denied.

No. 89-708. Miami Center Limited Partnership, Petitioner v. Bank of New York. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-710. Alaska Diversified Contractors, Inc., et al, Petitioners v. Lower Kuskokwim School District. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-712. Alabama, Petitioner v. Robin Dewayne Helms. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-713. Mor-Flo Industries, Inc., et al., Petitioners v. State In- dustries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-716. Paul G. Watstein, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 89-720. Avdel Corporation, Petitioner v. Ricardo Jalil. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-721. Sylvia Averbach, Petitioner v. Rival Manufacturing Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-724. South Dakota, et al, Petitioners v. Kansas City South- ern Railway Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-726. Acrison, Inc., Petitioner v. John Hitesman. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. JANUARY 8. 1990 293

No. 89-731. Frank Rosenberg, Inc., Petitioner v. Tazewell County, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-732. Hanover Insurance Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 89-734. Teddy Ray Bohanon, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 89-737. Max Warren Cook, Petitioner v. Supreme Court of Indi- ana, et al. Petition for writ of certiorari to the Supreme Court of Indi- ana denied.

No. 89-738. Agipcoal USA, Inc., Petitioner v. International Union,

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

No. 89-740. Evelyn S. Miura, et al., Petitioners v. Western Union International, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-745. City of Rockwall, Texas, Petitioner v. Gayla McKee. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-750. Robert W. Wills, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-754. Radix Group International, Inc., Petitioner v. McGriff Treading Company, Inc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-755. William Harness, Petitioner v. Hartz Mountain Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-762. James Neneman, Petitioner v. James E. Tassin; and

No. 89-776. James Neneman, Petitioner v. Sandra Durant, etc., et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-766. Barbara Slaughter, Petitioner v. AT&T Information Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 294 MONDAY, JANUARY 8, 1990

No. 89-768. Nathanial C. Mathes, aka Nathanial C. Mathews, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-769. Texas Apparel Co., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 89-770. SMEC, Inc., Petitioner v. Datascope, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-772. Lieu B. Hoang, Petitioner v. Office of Personnel Man- agement, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-774. Robert J. McCarty, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-788. Venus Independent School District, et al., Petitioners v. Shelly C, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-790. Marjorie A. Eimann, etc., et al., Petitioners v. Soldier of

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

No. 89-792. Olympia Brewing Company, Petitioner v. Louis P. Sin- ger, Successor in Interest to Troster, Singer & Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-795. C. Samuel West, Petitioner v. Internal Revenue Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-806. Gary D. Sparks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-808. Eugene R. Sutton, et al., Petitioners v. National Inter- group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-810. John Doe, a Minor, by and through his parent and next friend, Mary Doe, Petitioner v. Sumner County Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, JANUARY 8. 1990 295

No. 89-818. Morton H. Jaffe, Petitioner v. Michigan Department of Treasury. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-820. Marion Kindig, Petitioner v. Pan American World Air- ways, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-822. Juan Jose Ocoro, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 89-824. John Gagliardi, et al., Petitioners v. Duquesne Light Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-830. Virgil M. Martin, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-832. Larnell E. Peel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-833. John Gagliardi, Petitioner v. Michael Sorick, Paul Orendorff, Paul Komaromy, Jr., and Christine Shegan. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-840. Melvin B. Pulliam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-842. Clara L. Brock, Petitioner v. J. Freedley Hunsicker, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-856. Kelvan Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-892. Joseph Michael Travis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-895. Michael M. Downing and Joe S. Duncan, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5237. J. L., Petitioner v. Vermont Department of Social and Rehabilitation Services. Petition for writ of certiorari to the Supreme Court of Vermont denied. 296 MONDAY, JANUARY 6. 1990

No. 89-5325. Booker T. Hillery, Jr., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied.

No. 89-5398. Joseph W. Johnston, Petitioner v. Acting Commis- sioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5430. Bercha Snyder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5434. Charles C. Staten, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5437. Ricky James Thomas, Petitioner v. United States; and

No. 89-5831. David Bell, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5482. Luther Wilkins, Jr., Petitioner v. Sherrod L. Mc- Daniel. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-5539. Richard Allen Gudin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5552. William Joseph Barnthouse, Petitioner v. Colorado. Pe- tition for writ of certiorari to the Supreme Court of Colorado denied.

No. 89-5553. Ernest Braggs, Petitioner v. U.S. Army Corps of Engi- neers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-5614. Donn Emery Hopkins, Petitioner u Arizona Depart- ment of Real Estate, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 89-5632. Robert Amos, Petitioner v. Illinois; and Robert Amos,

Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-5676. James Edward Lee, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5749. William King, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, JANUARY 8. 1990 297

No. 89-5753. Bernard Nathaniel Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5825. James H. Quarles, Petitioner v. Champion Interna- tional Corporation. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-5832. Edgar Perry, Petitioner v. William L. Ball, Secretary of Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5865. Thomas Spychala, Petitioner v. Robert Glenn Borg, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5868. Keith Harris, Petitioner v. Dennis R. Davis, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5869. Peter Assenato, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-5870. Joseph Williams, Petitioner v. Avery Bernard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5874. Sandra Frank, Petitioner v. Duane Brookhart, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-5875. Barbara Hudson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 89-5876. Daniel Coleman, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-5879. Rajesh Thakkar, Petitioner v. Arthur Martin. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5881. John W. Patterson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5882. Jeffery Wayne West, Petitioner v. Charlie Jones, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5888. Larry 0. Hutchinson, Petitioner v. Justice Court of Needles, Judicial District, (California, Real Party in Interest). Petition 298 MONDAY, JANUARY 8. 1990 for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 89-5895. Jerry Dawkins, Petitioner v. Nabisco Brands, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-5902. Richard Westlake, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-5903. Sandra A. Boddie, Petitioners. American Broadcasting Companies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5913. Olivia Young, Petitioner v. St. Louis University, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, East- ern District, denied.

No. 89-5920. Samuel Lee Murray, Petitioner v. Steve Puckett, Su- perintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5922. Robert Baldwin Shults, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 89-5923. Michael Lee Gambrill, Petitioner v. Prisoner Review Board. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 89-5926. Raymond Lee Sutton, Petitioner v. Edward W. Mur- ray, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5927. Godfrey Hassan, Petitioner v. New Jersey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5931. Jack Wayne Friend, Petitioner v. Superior Court of California, County of Alameda (California, Real Party in Interest). Pe- tition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-5933. Leon Taylor, Petitioner v. Dale Foltz, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5936. Joseph H. Shaw, Petitioner v. James C. Woodard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. JANUARY 8. 1990 299

No. 89-5940. Jerry Lewis Thomas, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5944. Earnest Smith, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5946. Sheldon Jackson, Petitioner v. Martin Horowitz. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5950. Betsey Warren Lebbos, Petitioner v. State Bar of Cali- fornia. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-5951. Michael Gainer, Petitioner v. John Doe, Individually, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-5954. Elizabeth Stroop, et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5955. Travis Kenneth Bynum, Petitioner v. Bureau of Pris- ons. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-5956. Travis Kenneth Bynum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5964. Felix Martinez, Petitioner v. Robert Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5969. Gordon Lavrick, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-5970. Donald Gainer, Petitioner v. Stanley Kramer, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5972. Samuel Lee Murray, Petitioner v. Steve Puckett, Su- perintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5973. Dewey Upshaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 300 MONDAY. JANUARY S. 1991

No. 89-5974. Samuel Smith, Petitioner v. Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5975. Olayinka Sobamowo, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5976. Ernest Kephart, Petitioner v. Michael Goodson. et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5977. Raymond Rochon, Petitioner v. Louisiana State Peni- tentiary Inmate Account, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5978. Phillip Stokes, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 89-5979. Aaron Ferguson, Petitioner v. James A. Lynaugh, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5980. Steven Randall Donalson, Petitioner v. Georgia. Peti- tion for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-5982. Pedro Soto Alvarez, aka Junior, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 89-5983. Norman Keith Chase, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-5986. Freddie Sparks. Petitioner v. Steve W. Puckett. Su- perintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5987. Freddie Chears. Petitioner v. Billy McWherter. War- den. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 89-5992. Rodney Eugene Watson, Petitioner v. Henry Risley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5993. Terrence Teasley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5994. George R. Studnicka. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. JANUARY 8. 1990 301

No. 89-5995. Anthony Riggins, Petitioner v. Hilton Butler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5996. Mohammad Rahimi-Ardebili, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-6000. Leander Max Small, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6001. John Earl Hayes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6004. Vernon E. Rodman, Petitioner v. Maxine Dalton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6007. Larry Wheat, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-6008. Carl McNeal, Petitioner v. Leona Rdo, Superintendent, Green Meadow Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6009. Larry Bruce Rubin, Petitioner v. Thresholds, Incorpo- rated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6010. Gary Lee Newman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6012. Sebastian Robert D'Souza, Petitioner v. Andrew J.

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

No. 89-6014. Rodrigo Mazo-Suarez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6016. Diego Patricio Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6018. Joseph Robert Reuter, Jr., Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. 302 MONDAY. JANUARY S. 1990

No. 89-6020. Edward Lawrence, Petitioner v. Texas Employment Commission. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 89-6021. Mark DeWayne Pollard, Petitioner v. Dan Smith, Sher- iff, Bell County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6022. Jeong Y. Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-6023. Robert Martin, Petitioner v. Arthur Tate, Jr., Superin- tendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6025. Cleo Alfred Williams, Petitioner v. Robert Lecureux, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6029. Rudolph Eugene Long, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6031. John Robert Demos, Jr., Petitioner v. Chase Riveland, Secretary, Washington Department of Corrections. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-6032. Richard Paul Darud, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6033. Allen Duane Labayre, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-6036. Roy Edward Cline, Petitioner r. William Seabold, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-6037. Mark Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-6038. Sylvester Jones, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6041. Barry Michael Wion, Petitioner v. Ronnie Wilson. De- tective, Midland City Police Department. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JANUARY 8. 1990 303

No. 89-6048. Samantha D. Lopez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6050. Sohrab Abdollahi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6051. Alinzo M. Paige, aka Alonzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-6052. David L. Jefferson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6055. James Ryan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6057. Eugene Whiting, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6058. Harry Walker Hayes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6059. Dwayne Anthony Gilyard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6063. Gerald Tharpe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6064. John Lee Nord, Jr., Petitioner v. Lincoln County Cir- cuit Court. Petition for writ of certiorari to the Supreme Court of Ar- kansas denied.

No. 89-6065. Kasib T. Bilal, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6066. Henk Visser, Petitioner v. United States District Court for the Central District of California (Wells Fargo Bank, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6069. Burton Bradley Charles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 304 MONDAY. JANUARY 8. 1990

Xo. 89-6071. Reginald Clark. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 89-6074. Victor Manuel Garcia. Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-6075. James D. Griffin, Jr.. Petitioner v. William Hayward Prescott. Petition for writ of certiorari to the District Court of Appeal of Florida. First District, denied.

Xo. 89-6079. David R. Jolivet. Petitioner v. Eldon Barnes, Warden. Petition for writ of certiorari to the Supreme Court of Utah denied.

Xo. 89-6084. James M. DeBardeleben. Petitioner v. Earl E. O'Con- nor, United States District Judge. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 89-6090. Earl Lee Mason. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Xo. 89-6094. Robert Kent Lang, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 89-6096. Gary Overton Vaughn, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-6097. Kevin Paige, Petitioner v. United States. Petition for writ of certiorari to the Lnited States Court of Appeals for the Eighth Circuit denied.

Xo. 89-6100. Randy K. Gometz. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

Xo. 89-6103. Barbara F. Green. Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

Xo. 89-6106. John Robert Demos. Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Xo. 89-6109. Leonard Butler. Petitioner v. Kenneth DuCharme, Su- perintendent. Washington State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JANUARY 8. 1990 305

No. 89-6111. Travis Kenneth Bynum I, Petitioner v. Neva Ruth Wood. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 89-6112. Morris May, Petitioner v. Pro-Guard, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6115. David Lyle Barber, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6118. Robert Alston, Petitioner v. William D. Leeke, Com- missioner, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6122. Robert C. DeLucia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6128. Antonio Camacho, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-6130. Joseph Gaito, Petitioner v. George Petsock, Superin- tendent, State Correctional Institution (and Diagnostic and Classifica- tion Center) at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6132. James E. Branner, Petitioner v. Frederick County Jail, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 89-6133. William Joseph Fotovich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6135. W. C. Cartwright, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6136. Leon Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6138. Tyrone Noble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 306 MONDAY. JANUARY 8. 1990

No. 89-6141. Jimmy Lee Parson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6145. Thomas Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6150. Melinda Barany, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6151. Pura Rodriguez-Amparo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6153. Ronald Cambrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6155. Andrew Leon Ross, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6161. Albert Welford White, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6183. Luis Javier Vera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6190. Carlos Restrepo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-6201. John M. Eagle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6202. Alan Randall Dorsey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6204. Frank Earl Senk, Petitioner v. Charles H. Zimmer- man, Superintendent, State Correctional Institution (and Diagnostic and Classification Center) at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. JANUARY S. 1990 307

No. 89-6209. Fred Rhodes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-270. John Richardson, Petitioner v. City of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 89-465. Rufus E. Cunningham, Petitioner v. County of Los An- geles, et al. The motion of Police Misconduct Lawyers Referral Service 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. 89-481. Michigan, Petitioner v. Thair Hanna Sesi. 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. 89-501. Northwestern Indiana Telephone Company, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 89-704. Jacob J. Krozser, Administrator of the Estate of Ste- phen F. Krozser, Petitioner v. Connecticut. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Peti- tion for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-741. David Price, Petitioner v. Viking Penguin, 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. 89-5666. Tsaushu C. Lackland, Petitioner v. J. C. Penney Com- pany. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 89-749. Playtex Family Products Corporation, Petitioner v. St. Paul Surplus Lines Insurance Company, et al. The motion of Product Liability Advisory Council, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 89-784. Patricia Swanson, Petitioner v. Elmhurst Chrysler Ply- mouth, Inc. Petition for writ of certiorari to the United States Court of 308 MONDAY. JANUARY 8. 1990

Appeals for the Seventh Circuit denied. Justice White and Justice Blackmun would grant certiorari. No. 89-854. Dorothy Silverman, Administratrix, Estate of Fred R.

Silverman, Deceased, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Kennedy took no pail in the consideration or decision of this petition.

No. 89-5697. Sedley Alley, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5935. John Charles Lesko, Petitioner v. David S. Owens, Jr.,

Commissioner, Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6068. Timothy Wilson Spencer, 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. 89-6078. Jason Dirk Walton, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6191. Gary Michael Heidnik, Petitioner v. Pennsylvania. Pe- tition for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 89-6015. Denver O'Dell, Petitioner v. William Armontrout. The motion of petitioner to certify question to Supreme Court of Missouri is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

Common Law Certiorari Denied

No. 89-5894. In Re Mildred Morris, Petitioner; No. 89-5943. In Re William Manchester, Petitioner; and No. 89-6233. In Re Brenda Shelton and Anthony Haynes, Petition- ers. The petitions for writs of certiorari denied.

Habeas Corpus Denied

No. 89-6092. In Re Lionel Cyntje, Petitioner. The petition for writ of habeas corpus is denied. MONDAY, JANUARY 8, 1990 309 Mandamus Denied

No. 89-743. In Re Gary R. Hagebush and Roy E. Schwasinger, Peti- tioners; and No. 89-796. In Re Earlene Polyak, Petitioner. The petitions for writs of mandamus are denied. Rehearings Denied

No. . Larry D. Stocks, Petitioner v. United States;

No. 88-42. Olaf A. Hallstrom, et ux., Petitioners v. Tillamook County;

No. 88-2054. Charles Clay Smith, Sr., Petitioner v. Louis W. Sulli- van, Secretary of Health and Human Services;

No. 88-2140. Glen Oswin Hancock, Petitioner v. City of Davenport, et al.;

No. 88-7540. Charlie Taylor, Petitioner v. Carl G. Green, et al.;

No. 88-7626. Juan Bautista Rivera, Petitioner v. Oroweat Foods Company, Inc., et al.; No. 89-90. Barbara Jungen, Administratrix of the Estate of Alfred

John Jungen, Deceased, et al., Petitioners v. Oregon;

No. 89-254. James Allen Marker, Jr., et ux. Petitioners v. Wayne K. Rieschel, et al.;

No. 89-294. Elijah Gordon, et al., Petitioners v. Department of Water and Power of the City of Los Angeles;

No. 89-342. Wilson Robert Sherman, Petitioner v. Nissan Motor

Corporation, et al.;

No. 89-365. Earlene Polyak, Petitioner v. Thomas Stack and Henry, Henry & Stack;

No. 89-384. Philip J. Brown and William J. Brown, Petitioners v. 1250 Twenty-Fourth Street Associates, et al.; No. 89-494. In Re Gerald Sparks, Petitioner; No. 89-584. In Re John R. Marik, Petitioner;

No. 89-5041. Soden Harris, Petitioner v. Ralph Hall, et al.;

No. 89-5106. Rubin Herrera, Petitioner v. Robert Redman, Warden;

No. 89-5115. Michael Jeffrey Stotts, Petitioner v. United States;

No. 89-5361. Joe Bertram, Petitioner v. United States;

No. 89-5384. Laurence Hurd, Petitioner v. Donald Dorsey, Warden;

No. 89-5397. Billy Joe Magwood, Petitioner v. Alabama;

No. 89-5428. Thomas E. Spychala, Petitioner v. Ruth Rushen, et al.;

No. 89-5458. Aaron J. Gallaway, Petitioner v. United States; 310 MONDAY. JANUARY S. 1991

No. 89-5501. Herschel Cecil Brown, Petitioner v. American Express Travel Related Services Company, Inc.;

No. 89-5522. Felix Olim, Petitioner v. Sears, Roebuck and Company, et al;

No. 89-5528. David C. Brooks, Petitioner v. Johnson & Johnson, Inc.;

No. 89-5531. Vincent F. Zarrilli, Petitioner v. Diane Marino;

No. 89-5570. Morris May, Petitioner v. Challenger Communications Systems, Inc.;

No. 89-5576. Don T. Gala, Petitioner v. United States Postal Service;

No. 89-5593. Reynaldo Goria Rondon, Petitioner v. Indiana;

No. 89-5613. Homer Ira Lockhart, Petitioner v. Donald W. Rolling, etal;

No. 89-5615. James L. Martin, Petitioner v. Delaware Law School of Widener University, et al;

No. 89-5639. Kathleen Elaine Sparks, Petitioner v. Roger B. Sparks;

No. 89-5716. Joann Nichols Cordeiro, Petitioner v. United States;

No. 89-5790. James Edmond Watts, Petitioner v. James E. Johnson, Warden, et al.; and

No. 89-5820. Merton Bond, Petitioner v. Edward Johnstone, et al. The petitions for rehearing are denied.

No. 88-7050. Nasib Ed Kalliel, Petitioner v. United States; and

No. 89-5184. Albert Leonard Rutherford, Petitioner v. United

States. The motions for leave to file petitions for rehearing are denied.

No. 89-591. Monte Lee, Petitioner v. Joseph R. Biden, Jr., United

States Senator, et al. The petition for rehearing is denied. Justice Ken- nedy took no pail in the consideration or decision of this petition.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Regan A. Miller Charlotte, NC Judith Reed

Admissions to the Bar on Written Motions

Applicant City and State Movant

Terry Edward Allbritton New Orleans, LA M. David Gelfand Clark E. Alpert Roseland, NJ Steven Neil Pasternak MONDAY. JANUARY 8. 1990 311

Applicant City and State Movant

Alan Marshall Anderson Minneapolis, MN Brian Boru O'Neill Margaret E. Anderson Houston, TX Hilary E. Pearson Kent Taylor Anderson Salt Lake City, Donald B. UT Holbrook Enrique Arevalo Los Angeles, CA Dennis James Landin Zadette Bajandas San Juan, PR Francisco Augusto Besosa John R. Barmeyer Atlanta, GA Patricia Thrower Barmeyer Barry Craig Barnett Dallas, TX William Howard White Bernadette Theresa New York, NY Carol P. Wessling Beekman Richard Philip Beem Chicago, IL Sidney Neuman Fred E. Bell III Lansing, MI F. Martin Tieber Michael Stephen Bingham Little Rock, AR Earnest Guy Amsler Jr. Francis S. Blake Washington, DC Andrew Lawrence Lipps David Blasband New York, NY Nancy Fraenkel Wechsler William B. Blaser Tucson, AZ D. Dale Haralson Gary R. Blumberg Southfield, MI Marshall Fogelson Nancy L. Bosh Plymouth, MI Mark Roy Bendure Stevan J. Bosses New York, NY Joseph M. Fitzpatrick Mark J. Botti Washington, DC Mark Elliott Solomons Michael Lee Brandes Austin, TX Charles Oliver Grigson J. Richardson Brannon Gainesville, GA David W. Griffeth Charles Bricken Washington, DC Honorable Kenneth Winston Starr, Solicitor General of the United States 312 MONDAY. JANUARY 8. 1990

Applicant City and State Movant

David Tarrant Bright Corpus Christi, Andrew J. TX Lehrman John Perry Brooks Wichita Falls, TX H. Deloyd Bailey

Raymond L. Brosterhous II Sacramento, CA J. Robert Jibson Lewis Nathan Brown Miami, FL Brian F. Spector Robert Mark Bruskin Washington, DC Alan M. Grimaldi Roger G. Burgess Lake Charles, LA Robert C. McCall Frederick Byers Toledo, OH Richard S. Walinski

Carla Calobrisi Washington, DC Joseph J. Levin Jr. Cesar R. Camacho Miami, FL John James McGuirk

Mark J. Cannan San Antonio, TX Paul MacDonald Green Timothy James Carmody Overland Park, Dennis James KS Campbell Owens Dave Carothers San Diego, CA Robert Carroll Baxley Blake K. Champlin Tulsa, OK Charles William Shipley Jacqueline Michele West Palm Beach, Donald L. Morgan Chabonneau FL Jacques Clayton Chen Beverly Hills, CA Joseph F. Hart John S. Cherry Jr. Little Rock, AR Ernest Guy Amsler Jr. Margaret Scholten Childers Montgomery, AL Don Eugene Siegelman

Jeffery S. Chow New Orleans, LA Stanley M. Fisher T. Scott Clevenger Little Rock, AR David Allen Gates III Evan Seth Cohen Los Angeles, CA Martin Cohen James W. Colbert III Los Angeles, CA Ralph W. Dau Hud Collins Missoula, MT Charles Benjamin Harris Robert Dewayne Cook Columbia, SC T. Travis Medlock MONDAY. JANUARY 8. 1990 313

Applicant City and State Movant

Charles Darryl Cordero Los Angeles, CA Robert James Enders Susan L. Coskey Washington, DC Joseph N. Onek P. Terence Crebs St. Louis, MO Peter W. Herzog Jr. Barbara E. Daniele New York, NY Robert Welch Mullen Lee Bruce David Stuart, FL Stephen C. Page W. Keith Davidson Lawrence ville, Bryant Huff GA Norman J. Davis Litchfield Park, William David AZ Anderson Barbara C. Davis Daytona Beach, Belle Brotemarkle FL Turner Anthony De Alcuaz San Jose, CA Robert Stuart Parish Jr. Robert P. DeSanto Ashland, OH William Delbert VanTilburg Robert Allan DeVore Oklahoma City, Ralph Gordon OK Thompson Nancy Kaye Delaney Eureka, CA John Michael DeJong Vrieze Paula Devens Honolulu, HI Paul Devens

J. Herbie DiFonzo Alexandria, VA Stefan Clay Long Cerio Anthony DiMarco New Orleans, LA Russell Joseph Nunez Jr. Richard R. DiStefano Philadelphia, PA Joseph E. Gembala Jr. David C. Drury St. Louis, MO Andrew F. Puzder Michael Owen Duane East Montpelier, Andrew M. VT Eschen Douglas Nels Duncan West Palm Beach, David Roth FL Stanley M. Dupree San Francisco, CA Murray Lawrence Simpson C. Berwick Duval II Houma, LA Danny J. Lirette Joe Tom Easley Eagle Pass, TX Robert Allen Peavy 314 MONDAY. JANUARY 6. 1990

Applicant City and State Movant

Neal Albert Eisenbraun Minneapolis, MN Joseph S. Friedberg Cnrtpr Wpflvpv Flt7T*nth Islpw Vnrk 1W John F. X. Peloso

I. Jaime Figueras Philadelphia, PA Seymour Kanter

Steven Neil Fischer Raymondville, TX Joseph A. Connors III Michael M. Flavin St. Louis MO Donald L. James George B. Flint Dallas, TX Embree Charles Bedsole

David M. Furbush San Francisco, CA William J. Taylor Michael J. Gallagher Kansas City, MO William Russell Welsh David Louis Garrison Seattle, WA John Finley Witherspoon

Kjlldl Icb l-i. ijrIlUIZ, r alio v^IlUI LIl, V r\. Arthur Irwin Neustadt Robert Albert Goering Cincinnati, OH Wayne Francis Wilke Alan Craig Gold Miami, FL William Gallner

Scott Elliott Goldberg Cleveland, OH Michael I. Shapero Melvin James Goldberg Upland, CA James Banks Jr. Russell P. Goldman Eatontown, NJ Theodore D. Moskowitz Sigrid Lopez Gonzalez San Juan, PR Juan R. Zalduondo Viera

Daniel Joseph Gonzalez Los Angeles, CA Ellis J. Horvitz Joy Scherffius Goodwin Columbia, SC W. Gaston Fairey Michael E. Grant Olympia, WA Kenneth 0. Eikenberry Karen Susan Hamrick Charleston, WV David Allen Barnette Katherine Hatton Philadelphia, PA Samuel E. Klein David John Hazlewood Lubbock, TX Ralph Haney Brock William C. Heath San Jose, CA Marci Beth Seville MONDAY. JANUARY 8. 1990 315

Applicant City and State Movant

David D. Henderson Lakeland, FL James Marion Moorman

Robert Heuck II San Francisco, CA William J. Taylor Michael J. Higer Miami, FL Vance Edwin Salter

Joseph J. Hinchliffe Pittsburgh, PA Louis M. Tarasi Jr. Michael P. Hodge Austin, TX Charles A. Palmer Don Michael Holt Bryan, TX Gaines F. West II Erica Horwitz New York, NY Leon Friedman Scott H. Howard Los Angeles, CA Robert P. Schifferman L. Joseph Howard Decatur, IL Donna Lee Dagnall James Harold Hulme Washington, DC Rodney F. Page Roger Anthony Hunko Silverdale, WA James Lewis Reese III

C. Howard Hunter Tampa, FL Aivars J. Melkus James B. Jackson Kansas City, MO Clayton A. Chittim Jr.

Shawn Bertram Jensen Washington, DC David J. Anderson Eric R. Johansen Salem, OR Steven T. Wax Merrill N. Johnson Naples, FL David Skeer Randle G. Jones Denver, CO Charles Leslie Irvin Daryl D. Jonson Richland, WA David Erwin Williams

Lawrence J. Joyce Tucson, AZ Thomas P. Joyce Roger Alexander von San Bernardino, Judge Stanley Kaesborg CA Mosk Richard Stephen Kahlbaugh Harrisburg, PA Harvey Freedenberg Kevin Bruce Kamenetz Baltimore, MD Michael Stuart Libowitz Alexander Kapetanakis Miami, FL C. David Weed Wayne L. Kaplan Dix Hills, NY Michael Leo Faltischek 316 MONDAY. JANUARY 8. 1990

Applicant City and State Movant

David Michael Kaufman Los Angeles, CA Margaret Manning Hathaway Rex Thomas Kearney Jr. Sacramento, CA Henry W. Crowle Richard Kelly New York, NY Joseph Thomas Moldovan Michael K. Kelly Huntington, NY Alan James Fumuso Gary W. Koch New Ulm, MN John W. Carey Michael R. Konewko Glen Ellyn, IL Kenneth E. North

John Charles Kunich Chicago, IL Charles S. Vigil Michael Lawrence Lallande Long Beach, CA Major Alan Sr. Langer Reed Lee Chicago, IL Joel Abbott D'Alba R. David Legg Houston, TX Edward L. Merrigan Thomas Andrew Lerner Portland, OR P. Douglas Folk Nora Leto Lakeland, FL Paul C. Doyle Robert Geoffrey Levy Columbia, SC W. Gaston Fairey Roberta D. Liebenberg Philadelphia, PA H. Robert Fiebach Richard G. Lillie Cleveland, OH John Snowden Pyle Laura E. Little Philadelphia, PA Samuel E. Klein Gary Richard Livingston Beverly Hills, CA James A. Kushner Robert Lopilato Boston, MA David SoRen Mortensen Steven Kerry Lubell Santa Monica, CA Nicholas Larsen Saakvitne John D. Lueck Pomona, CA Ida L. Campbell- Thomas Steven L. Maas Grand Rapids, MI Albert R. Dilley Peter M. Maginot St. Louis, MO Joseph A. Murphy Guy James Mangano Brooklyn, NY Italo Henry Ablondi Guy James Mangano Jr. Brooklyn. NY Italo Henry Ablondi MONDAY. JANUARY S. 1990 317

Applicant City and State Movant

Ernest Martinez Los Angeles, CA Edward T. Fogel Jr. David L. Masters Montrose, CO John A. F. Wendt W eyman W illiams lvlODlie, AL Thomas H. Nolan McCranie Jr. Jr. Sue Kartin McDonnell Dayton, OH David C. Greer Mark Edwin Merin Sacramento, CA Gary Marc Messing George L. Mertens Lincoln, CA Emry James Allen Charles E. F. Millard Jr. New York, NY Ogden Northrop Lewis Leslie Thompson Miller Reno, NV Neil Elliott Marshall Grad Jonathan Mathias Miller Washington, DC James Peter Mercurio 1 nomas L,narles Mitcnell San Francisco, CA James Raymond Madison T William H. Mitman Jr. W est Chester, PA William Harold Mitman Kevm L. Moitatt Mount Clemens, John Gregg Bacon MI Ronald George Morgan Washington, DC Richard Frederick O'Hair Mary Katz Moule Windsor Locks, Michael Richard CT Sheldon John Francis Mulligan Jr. St. Louis, MO Michael Alan Gross J. Scott Murphy Orlando, FL Ralph V. Hadley III Stephen H. Myers Lafayette, LA Robert Holt Myers William Gerry Myers III Alexandria, VA Honorable Richard L. Thornburgh, Attorney General of the United States James G. Nealon III Harrisburg, PA Thomas D. Caldwell Jr. 318 MONDAY. JANUARY 8. 1990

Applicant Citv and State Movant

Eric Mark Nelson New York, NY Nancy Lauren Savin Thomas Michael Nickel San Diego, CA Donald John MacNeil Kellie A. Nielan Daytona Beach, Margene Ann FL Roper John David Norris Houston, TX Paul M. Janicke Gordon Wendell Odell Jr. Walnut Creek, CA Edward N. Schaefer Gregory L. Olney II St. Petersburg, Peter N. Meros FL Mark S. Partin Austin, TX Diana G. Shisk George E. Pawlowski Grand Rapids, MI Albert R. Dilley David D. Peden Jr. Houston, TX Roger Bruce Greenberg Pamela L. Pentin Philadelphia, PA Louis William Fryman Martha Jane Perkins Los Angeles, CA Robert Dexter Newman Jr. Andrew Clarence Peterson Los Angeles, CA Dennis Hudson Vaughn Robin E. Phelan Dallas, TX William Alan Wright Charles Victor Philipps Los Angeles, CA Norton S. Karno Richard Phillips Sacramento, CA Madeline McDowell Michael M. Phillips Angleton, TX Walter James Kronzer Jr. Pedro R. Pierluisi Washington, DC Mark A. Cymrot Laurence L. Pillsbury La Jolla, CA Charles W. Rees Jr. Drew Shelton Pinkerton Fort Walton Thomas T. Beach, FL Remington Drew E. Pomerance Los Angeles, CA Maurice C. Inman Jr. Roberto Ernest Chips Denver, CO John Jess Vigil Portales Sidnev Katherine Powell Dallas, TX William Curtis Brvson MONDAY. JANTARY 8. 1990 319

Applicant City and State Movant

Jeffrey Jarvis Prevost San Bernardino, Judge Stanley CA Mosk Edith Pou Bailey Primm Atlanta, GA Sarah Evans Lockwood Elena M. Puig Los Angeles, CA Norman J.Kaplan Alan T. Radnor Columbus, OH John C. Elam William Reid Ralls Lansing, MI Frank J. Kelley Michael D. Ramsdell Concord, NH Brian T. Tucker J. Daniel Rayburn Jr. New Orleans, LA Robert B. Acomb Jr. Richard A. Reeve New Haven, CT William F. Dow III Nancy Wiltgen Reibert Minneapolis, MN Charles K. Dayton R. Gale Rhodes Jr. Little Silver, NJ Joel N. Kreizman Larry Thomas Richard Rayne, LA James E. Diaz Christina Richard Houston, TX Jack Edward Urquhart Eugene J. Riordan Boulder, CO Angus Macbeth Lawrence Richard Robins Chicago, IL Charles Alan Laff Donald T. Rodda New York, NY Henry C. Woicik Geoffrey Gowan Rogers Syracuse, NY Frederick Fane Shantz Ramona J. Rogers Ashland, OH William Delberg VanTilburg David P. Rosenblatt Boston, MA Peter J. Schneider Randall John Roske Las Vegas, NV M. Daniel Markoff Steven Robert Rowland Basking Ridge, Charles Joseph NJ Walsh Mark Stephen Sableman St. Louis, MO Thomas F. Eagleton Bruce Adam Sagan Bensalem, PA Edward H. Rubenstone Richard A. Samp Arlington, VA Alan M. Slobodin Vincent J. Scally Jr. Sacramento, CA Richard Michael Frank Ann D. Schattner Roslyn Heights, Howard Richard NY Snyder Stephen E. Schneider Tulsa, OK Charles William Shipley 320 MONDAY. JANUARY 8. 1990

Applicant City and State Movant

James Russell Scoggin Eden Prairie, MN Ross L. Thorfinnson Terence M. Scott Clifton, NJ Ladislas F. Feher David McCullough Shelton Seattle, WA Timothy K. Ford Tyron J. Sheppard Los Angeles, CA Marilee Jones- Cofield Edward Anthony Shipe Sarasota, FL Earl W. Moreland Jr. Larry Dean Shoaf Wichita, KS William Tinker Barbra Shotel Philadelphia, PA Richard S. Meyer Patrick Samuel Siciliano Mansfield, OH Peter Corcoran Laurence A. Silverman New York, NY Denis G. Mclnerney Thomas Fitzpatrick Slater Jacksonville, FL C. Rufus Pennington III Michael Dale Smith Claremont, CA James R. Kostoff Ronald Lee Smith Ellicott City, MD John J. Corcoran Carl Holt Smith III Jacksonville, FL Richard C. Stoddard Jerri Gaines Smitko Houma, LA Danny J. Liette David Coleman Sojourner Columbia, SC Ernest Joseph Jr. Nauful Jr.

Thomas Eugene Spencer Grand Rapids, MI J. Russell LaBarge Jr. Kevin D. Sprow Chicago, IL Robert E. McKenzie Don C. Stansberry Jr. Huntsvilie, TN Howard H. Baker Jr. Judith Roxanne Starr Los Angeles, CA Irving Starr Matthew S. Steinberg Beverly Hills, CA Maurice C. Inman Jr. John Andrew Stephens Waco, TX Dale Douglas Williams Mark Stern Westport, CT Michael Lewis Miller Douglas Wayne Stern Los Angeles, CA Jesse D. Miller Jeffrey Prentice Sweetland Atlanta, GA Ferdinand Buckley MONDAY. JANUARY 8. 1990 321

Applicant City and State Movant

Karen Patricia Swiger New York, NY Peter Draper Coddington Linda C. Taliaferro Philadelphia, PA William T. Coleman Jr. Gary A. Taylor Lubbock, TX Robert Michael Brown Phillip Jack Taylor Fort Smith, AR Robert S. Blatt Jean Marie Terpstra Indianapolis, IN Harry Raymond Terpstra Norman S. Thayer Jr. Albuquerque, NM Ronald J. Segel George A. Thomas Glen Ellyn, IL Kenneth E. North A. Scott Tillery Chalmette, LA George Narcisse Bischof Jr.

Walter J. Todd Salem, OR Paul J. DeMuniz Laurence R. Tucker Kansas City, MO Benny J. Harding Sarah J. Tugman Anchorage, AK Raymond A. Nesbett Kevin Richard Tully New Orleans, LA J. Walter Ward Jr. Paul J. VanTricht Helena, MT Clay Riggs Smith Uisdean R. Vass New Orleans, LA John M. Landis J. Robert Weaver Charleston, WV David Allen Barnette John Patrick White Grand Rapids, MI William J. Halliday Jr.

Stuart Michael Wilder Newtown, PA Harold I. Goodman Clinton D. Wolcott Washington, DC Gregory O'Duden Bradley Steven Wolff Athens, GA Donald*L. Wolff

Russell Taf t Wong Houston, TX Paul M. Janicke Marianne B. Woodward Albuquerque, NM Raymond W. Schowers Nicholas Jonathan Joshua Washington, DC Albert . Wroblewski Moskowitz Robert Joseph Wulff St. Louis, MO Robert A. Wulff Valerie Wyle Santa Ana, CA Albert E. Arent Christopher Whitelaw El Centro, CA Reginald L. Knox Yeager Jr. 322 MONDAY, JANUARY S. 1990

Applicant City and State Movant

Leonard E. Zak Chicago, IL William J. Cooney Ira Laurence Zuckerman Sunrise, FL Enrique Arroyo Shelly Crittendon Zwick Baton Rouge, LA Charles Simon McCowan Jr.

Oral Argument No. 88-2123. Department of the Treasury, Internal Revenue Serv- ice, Petitioner v. Federal Labor Relations Authority, et al. Argued by Mr. David L. Shapiro for the petitioner, by Mr. Robert J. Englehart for the respondent, Federal Labor Relations Authority, and by Mr. Greg- ory O'Duden for the respondent, National Treasury Employees Union.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. Argued by Ms. Patricia T. Barmeyer for the plaintiff and by Mr. Thomas E. McCutchen, Jr., for the defendant.

No. 88-334. John S. Lytle, Petitioner v. Household Manufacturing, Inc., dba Schwitzer Turbochargers. Argued by Ms. Reed for the petitioner and by Mr. H. Lane Dennard, Jr., for the respondent.

No. 88-1281. Alex Ngiraingas, et al, Petitioners v. Francisco Q. Sanchez, etc., et al. Argued by Mr. Jeffrey R. Siegel for the petitioners, by Mr. John Patrick Mason for the respondents, and by Mr. James A. Feldman for the United States, as amicus curiae, supporting the respondents, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JANUARY 9, 1990 323 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 87-2012. FW/PBS, Inc., dba Paris Adult Bookstore II, et al, Pe- titioners v. City of Dallas, et al.;

No. 87-2051. M.J.R., Inc., et al., Petitioners v. City of Dallas et al.; and

No. 88-49. Calvin Berry, III, et al, Petitioners v. City of Dallas, et al. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment is affirmed in part, reversed in part, and vacated in part, and the cases are remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Jus- tice O'Connor announced the judgment of the Court and delivered an opinion with respect to Parts I, III, and IV, and an opinion with respect to Part II with whom Justice Stevens and Justice Kennedy join. Opin- ion by Justice Brennan concurring in the judgment with whom Justice Marshall and Justice Blackmun join. Opinion by Justice White concurring in part and dissenting in part with whom the Chief Justice joins. Opinion by Justice Stevens concurring in part and dissenting in part. Opinion by Justice Scalia concurring in part and dissenting in part.

No. 88-1319. Commissioner of Internal Revenue, Petitioner v. Indi- anapolis Power & Light Company. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Blackmun.

No. 88-493. University of Pennsylvania, Petitioner v. Equal Employ- ment Opportunity Commission. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment is affirmed. Opinion by Justice Blackmun.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Margaret Ann Irving Washington, DC Daniel James Metcalfe Miriam Mclntire Nisbet Washington, DC Richard Louis Huff 324 TUESDAY. JANUARY 9. 1990

Applicant City and State Movant

Anne M. Dellinger Chapel Hill, NC Walter Bellinger Robert Michael Long Washington, DC Steven Ronald Ross

Oral Arguments

No. 88-1597. Board of Education of the Westside Community

Schools, etc., et aL, Petitioners v. Bridget C. Mergens, by and through her next friend, Daniel N. Mergens, et al. Argued by Mr. Allen E. Daubman for the petitioners, by Mr. Jay Alan Sekulow for the respondents, Bridget C. Mergens, etc., et al., and by Mr. Solicitor General Kenneth W. Starr for the respondent, United States.

No. 88-2043. Gerald L. Baffles, Governor of Virginia, et al, Petition- ers v. Virginia Hospital Association. Argued by Ms. R. Claire Guthrie for the petitioners, by Mr. John G. Roberts, Jr., for the United States as amicus curiae, supporting petitioners, by special leave of Court, and by Mr. Walter Dellinger for the respondent.

No. 88-2102. James Stewart, et al, Petitioners v. Sheldon Abend, dba Authors Research Company. Argued by Mr. Louis P. Petrich for the petitioners and by Mr. Peter J. Anderson for the respondent.

No. 89-163. United States, Petitioner v. Guadalupe Montalvo- Murillo. Argued by Mr. William C. Bryson for the petitioner and by Mr. Bernard J. Panetta, II, for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. JANUARY 10. 1990 325 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-1400. Franchise Tax Board of California, et al. , Petitioners v. Alcan Aluminium Limited, et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White.

No. 88-6025. Reuben Dowling, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Cir- cuit. Judgment affirmed. Opinion by Justice White. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Stevens join.

No. 88-6075. Darryl James, Petitioner v. Illinois. On writ of certiorari to 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. Opinion by Justice Brennan. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Kennedy with whom the Chief Justice, Justice O'Connor and Justice Scalia join.

No. 88-854. Henry G. Spallone, Petitioner v. United States, et al.;

No. 88-856. Peter Chema, Petitioner v. United States, et al; and

No. 88-870. Nicholas Longo and Edward Fagan, Petitioners v. United States, et al. 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 the Chief Justice. Dissenting opinion by Justice Brennan with whom Justice Marshall, Justice Black- mun, and Justice Stevens join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

J. Brent Standridge Little Rock, AR John Steven Clark Rebecca K. Troth Washington, DC Christopher J. Wright 326 WEDNESDAY. JANUARY 10. 1990 Oral Arguments

No. 89-65. Fort Stewart Schools, Petitioner v. Federal Labor Rela- tions Authority, et al. Argued by Mr. Christopher J. Wright for the petitioner and by Mr. William E. Persina for the respondents.

No. 88-1000. New York, Petitioner v. Bernard Harris. Argued by Mr. Peter D. Coddington for the petitioner and by Mr. Barrington D.

T Parker, Jr., as amicus curiae, in support of the judgment below , at the invitation of the Court. No. 88-7146. Jonas H. Whitmore, individually and as next friend of

Ronald Gene Simmons, Petitioner v. Arkansas, et al. Argued by Mr. Arthur L. Allen for the petitioner and by Mr. J. Steven Clark for the respondents.

No. 88-1951. United States, Petitioner v. Frances L. Dalm. Argued by Ms. Christine Desan-Husson for the petitioner, pro hac vice, by special leave of Court, and by Mr. Robert B. Pierce for the respondent.

Adjourned until Tuesday, January 16, 1990 at 10 o'clock. x (JOURNAL) TUESDAY, JANUARY 16. 1990 327 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 88-2092. United States, Petitioner v. Salvatore Salamone. On petition for writ of certiorari to the United States Court of Appeals for the Third 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 Third Circuit for further consid-

eration in light of Bowling v. United States, 493 U. S. (1990). Jus- tice Stevens dissents and would deny certiorari.

Orders in Pending Cases

No. A^498. Gerald Smith, Applicant v. William Armontrout, War- den. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Blackmun would grant the application for stay. The order heretofore entered by Justice Blackmun is vacated. No. A-503. Mobil Oil Exploration & Producing Southeast Inc., Appli-

cant v. United Distribution Companies, et al. The application for stay of mandate of the United States Court of Appeals for the Fifth Circuit presented to Justice White and by him referred to the Court is granted and the mandate is stayed pending the timely filing and disposition of the petitions for writs of certiorari. If the petitions for writs of certiorari are denied, this order terminates automatically. Should the petitions for writs of certiorari be granted, this order is to remain in effect pending the sending down of the judgment of this Court. No. D-811. In the Matter of Disbarment of Nathan Norton Powell. Disbarment order entered. No. D-812. In the Matter of Disbarment of George Towfick Mahshie. Disbarment order entered. 328 TUESDAY, JANUARY 16, 1990

No. D-813. In the Matter of Disbarment of Arthur Berlin Kramer. Disbarment order entered.

No. D-825. In the Matter of David Solomon Koslow. David Solomon Koslow, of Los Angeles, 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 November 6, 1989, is hereby discharged.

No. D-826. In the Matter of Disbarment of Leon J. Rudd. Disbar- ment order entered.

No. D-827. In the Matter of Disbarment of John P. Coghlan, Jr. Disbarment order entered.

No. D-849. In the Matter of Disbarment of Edward Norman Reiner. It is ordered that Edward Norman Reiner, of Alexandria, Virginia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-850. In the Matter of Disbarment of James Robert Morrison,

III. It is ordered that James Robert Morrison, III, of Alton, 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-851. In the Matter of Disbarment of Edwin Lawrence

Dworkin. It is ordered that Edwin Lawrence Dworkin, of Ran- dallstown, 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-852. In the Matter of Disbarment of Peter Gordon Voorhies.

It is ordered that Peter Gordon Voorhies, of Portland, Oregon, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-853. In the Matter of Disbarment of Richard D. Jones. It is ordered that Richard D. Jones, of Kansas City, Missouri, 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. TUESDAY. JANUARY 16. 1990 329

No. 88-1480. Bob Reves, et al., Petitioners v. Arthur Young & Co. The motion of respondent to substitute Ernst & Young as respondent in place of Arthur Young & Co. is granted.

No. 88-2018. Illinois, Petitioner v. Edward Rodriguez. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-390. Pension Benefit Guaranty Corporation, Petitioner v. LTV Corporation, et al. The motion of Bethlehem Steel Corporation, et al. for leave to participate in oral argument as amici curiae, for divided argument and for additional time for oral argument is denied. The motion of respondents David H. Miller and William W. Shaffer for divided argument is denied. The motion of respondent LTV Bank Group for divided argument and for additional time for oral argument is denied. The motion of respondent Official Committee of Unsecured Creditors of LTV Steel Company, Inc. and Certain Affiliates for divided argument is denied. The motion of respondent Official Parent Creditors' Commit- tee of the LTV Corporation for divided argument is denied. The motion of respondent BancTexas, Dallas, N. A. for divided argument is denied.

No. 89-401. Cyril H. Wecht, President of the Allegheny County

Board of Prison Inspectors, et al., Petitioners v. Inmates of the Alle- gheny County Jail, et al. The motion of respondents to retax costs is granted!

No. 89-753. Ron Angelone, Director, Nevada Department of Pris- ons, et al., Petitioners v. Henry Deutscher. The motion of respondent for leave to proceed in forma pauperis is granted.

Certiorari Granted

No. 88-2109. Kansas and Missouri, etc. Petitioners v. Kansas Power & Light Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 89-260. Idaho, Petitioner v. Laura Lee Wright. Petition for writ of certiorari to the Supreme Court of Idaho granted.

No. 89-530. Portland Golf Club, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-624. Maislin Industries, U. S., Inc., et al., Petitioners v. Pri- mary Steel, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. 330 TUESDAY, JANUARY 16. 1990

No. 89-478. Maryland, Petitioner v. Sandra Ann Craig. The motion of National Association of Counsel for Children, et al. for leave to file a brief as amici curiae is granted. The motion of People Against Child

Abuse, Inc., et al. for leave to file a brief as amici curiae is granted.

The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Mary- land granted.

No. 89-640. Manuel Lujan, Jr., Secretary of the Interior, et al., Peti- tioners v. National Wildlife Federation, et al. The motion of American Farm Bureau Federation, 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 District of Columbia Circuit granted.

No. 89-789. Alabama, Petitioner v. Vanessa Rose White. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama granted.

No. 89-5809. Robert Sawyer, Petitioner v. Larry Smith, Interim Warden. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

Certiorari Denied

No. 88-1865. Arizona, Petitioner v. Gary M. Bauer, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 88-1884. Illinois, Petitioner v. Sequoia Books, Inc., et al. Peti- tion for writ of certiorari to the Supreme Court of Illinois denied.

No. 88-2062. Patricia Cotton, etc., Petitioner v. Patrick Babcock, Director, Michigan Department of Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-296. Brian Nelson, Petitioner r. Catherine Farrey. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 89-427. International Association of Machinists and Aerospace

Workers, AFL-CIO, et al., Petitioners v. Long Island Railroad Com- pany, et al.; and

No. 89-674. Long Island Railroad Company, et al, Petitioners vl International Association of Machinists and Aerospace Workers, TUESDAY. JANUARY 16. 1990 331

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

No. 89-503. James Charles Wallace, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-511. Patricia Kwallek, Petitioner v. Roger Endell, Commis- sioner, Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-521. Transoil (Jersey), Ltd. and Transoil (U.S.A.), Inc.,

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

No. 89-523. Bermuda Star Line, Inc., Petitioner v. John Spyridon Markozannes. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 89-534. Foxmeyer Corporation, et al., Petitioners v. Stone's Pharmacy, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-538. Edna Emerson Littlewolf, et al., Petitioners v. Manuel

Lujan, Jr., Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89^-554. Hennepin County, Minnesota, et al., Petitioners v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-617. Texarkana National Bank, Petitioner v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-631. Gerald 0. Philpot and Mobile Materials, Inc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-651. Roger Burrell, et al, Petitioners v. City of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-655. Carl R. Davies, Petitioner v. Southern Pacific Transpor- tation Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-662. Middle Earth Graphics, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 332 TUESDAY. JANUARY 16. 1990

No. 89-664. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America-Airline Division and Teamsters

Local 19, Petitioners v. Southwest Airlines Company. Petition for writ of certiorari' to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-666. West Virginia State Medical Association, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-672. Church Universal & Triumphant, Inc. and Elizabeth

Clare Prophet, Petitioners v. Linda Witt, Executrix of the Estate of Gregory Mull. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-677. Richard Roe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-689. James Charles Dugan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-695. Charles F. Wishart, Petitioner v. The Florida Bar Asso- ciation. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-747. Chicago Cable Communications, et al., Petitioners v.

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

No. 89-756. Brotherhood of Railroad Signalmen, AFL-CIO, et al.,

Petitioners v. Southeastern Pennsylvania Transporation Authority. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-763. Michael S. Ferdinand, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-780. Frederick Smith, etc., et al., Petitioners v. Kathleen Stoneking. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-782. Frederick Smith, etc., et al, Petitioners v. Judy Grove Sowers. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-783. Independent Federation of Flight Attendants, Peti- tioner v. Trans World Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY. JANUARY 16. 1990 333

No. 89-787. Robert E. Hedicke, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-791. Charisse McGee et al., Petitioners v. Interinsurance Exchange of the Automobile Club of Southern California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-793. Weston Strauch, Petitioner v. Gates Rubber Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-797. Don Pierce, et al., Petitioners v. Commercial Ware- house, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-799. George T. Mahshie, Petitioner v. Grievance Committee of the Fifth Judicial District, State of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-801. Consumer Value Stores, Petitioner v. Board of Phar- macy of New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-802. Goldman, Sachs & Co., et al., Petitioners v. Kristine M. Utley. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-803. Katherine E. Head, Petitioner v. Roy T. Head. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied.

No. 89-807. Keith L. Cline, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-812. Dawn Roberts, Petitioner v. Brea Hospital Neuropsy- chiatry Center. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-813. Linden W. Shipman, etc., Petitioner v. Missouri Divi- sion of Child Support Enforcement, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-814. Central Gulf Lines, Inc., Petitioner v. Wilbert Williams, Personal Representative of the Estate of Ballard Williams, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-816. City of Los Angeles, et al., Petitioners v. United Firefighters of Los Angeles City, Local 112, IAFF, AFL-CIO, et al. 334 TUESDAY. JANUARY 16. 1990

Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 89-817. Service Business Forms Industries, Inc., et al., Petition- ers v. Robert I. Greenberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 89-821. James L. Shores, Jr., Executor of the Estate of Clarence

E. Bishop, Jr., etc., Petitioner v. Jerald H. Sklar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-823. Donald M. Layne, et ux., Petitioners v. County of San Mateo, California, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-834. Alton B. Smith, Petitioner v. South Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-836. Richard P. Crane, Jr., et al., Petitioners v. Continental Telephone Company of California, dba Continental Telephone Company of Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-845. Rothbury Investments, Ltd., Petitioner v. Dura Sys- tems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-880. Jack E. Fleming, Petitioner v. Joe A. Cannon, Judge, El

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

No. 89-923. Walter Ball and Barry Kabinoff, Petitioners v. Pennsyl- vania. Petition for writ of certiorari to the Supreme Court of Pennsyl- vania, Eastern District, denied.

No. 89-926. Michael R. McGee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5543. Hoover Reynolds, Petitioner v. M. S. Butler, Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5680. Timothy Pitre, Petitioner v. Brenda Necaise, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

No. 89-5689. Robert Huerta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. TUESDAY. JANUARY 16. 1990 335

No. 89-5723. Bernard Clarence Chavis, Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

No. 89-5729. Michael Madsen, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-5762. Jose Vasquez, aka Ricardo Guzman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5784. Raymond C. Bowyer, Petitioner v. United States Air

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

No. 89-5797. Larry Lee Roney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-5814. Loren Michael Grey Bear, Jesse Dean Cavanaugh, Leonard George Fox, John Emmanuel Perez, and Richard John

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

No. 89-5817. Oscar Dennis, aka "Blue", Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5827. Albert Morgan, Petitioner v. James Turnage. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5833. Maurice David King, aka Peanut, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-5855. Gordon Rashe, Petitioner v. William W. Schwarzer. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5928. Randal K. Moore, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 89-5930. Miguel Gabriel Ayarza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-6002. Janet Spann, as Next Friend for Jason Burrow Spann, a minor, Petitioner y. Dalton Glen Jones and Tyler Independent School District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 336 TUESDAY. JANUARY 16. 1990

No. 89-6019. John Kim, Petitioner v. Edwin Printemps. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6026. Jerry Donnell Graves, Petitioner v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6034. Martin Karl Maurer, Petitioner v. Los Angeles County

Sheriff's Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6039. Ronald L. Davis, Petitioner v. Lynn Vitatoe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6042. Jimmie McCullough, Petitioner v. Richard L. Dugger,

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

No. 89-6044. Jerry Larry Collier, 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. 89-6045. Gene T. Favors, Petitioner v. Melvin Hicks, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6046. James Steven Harris, Petitioner v: Marjory Jennings and Arnold J. Hopkins. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6047. Thomas J. Clauso, Petitioner v. Howard L. Beyer, Su-

perintendent, New Jersey Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6049. David Harvey Brewster, Petitioner v. Carl Legursky, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 89-6060. Timothy Paris Walker, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-6067. Henk Visser, Petitioner v. Court of Appeal of Califor- nia, Second Appellate District. Petition for writ of certiorari to the Supreme Court of California denied. TUESDAY. JANUARY 16. 1990 337

No. 89-6081. Gregory Heard, Petitioner v. Calvin E. Green, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6082. Willie Jenkins, Petitioner v. Howard Beyers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6086. Anthony Lamar Jones, Petitioner v. James DeLoach,

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

No. 89-6087. Kamal Mahdavi, Petitioner v. San Francisco Superior Court. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-6093. Kayser McMillian, Petitioner v. Willie E. Johnson. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6095. Robert W. Powers, Petitioner v. South Dakota, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6098. James Lee Martin, Petitioner v. United States Court of Appeals for the Third Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6102. Gary Michael Coutin, Petitioner v. President of Has- tings College of Law, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6116. Albert Chui Clark, Petitioner v. Richard Peabody, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6117. Ernest R. Andregg, Petitioner v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6120. Leander Coriz, Petitioner v. Robert J. Tansy, Warden et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6129. Minnie Espino, Petitioner v. Workers' Compensation Appeals Board. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6170. William L. Deering, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 338 TUESDAY. JANUARY 16. 1990

No. 89-6217. Esteban Puente, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6225. Annette Gray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6228. Alvin Elzy, Petitioner v. Larry Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6234. Keith Drake, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6235. Donald Nieves Martinez-Quinonez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6241. Nicanor Salvador Urzola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6245. Artis Lott, et al. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7533. Tommy Berryhill, Petitioner v. United States. The motion of petitioner for leave to file amended petition for a writ of certiorari is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-266. Portland General Electric Company, Petitioner v. Mon- tana Department of Revenue, et al. The motion of Pacific Gas and Elec- tric Company, et al. for leave to file a brief as amici curiae is granted. The motion of Mountain States Legal Foundation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-364. Pacific Power & Light Company, et al., Petitioners v. Montana Department of Revenue, et al. The motion of Mountain States Legal Foundation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-524. Sammiline Company, Ltd., et al, Petitioners v. John

Woods, et ux., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice White with whom The Chief Justice and Justice Kennedy join. TUESDAY. JANUARY 16. 1990 339

No. 89-729. Tom Abbott, et al., Petitioners v. City of Virginia Beach. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 89-767. Robert Alton Harris, Petitioner v. R. Pulley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5527. Frederick Kirkpatrick, Petitioner v. Hilton Butler, 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.

No. 89-5847. Kenneth Griffin, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6113. Alton Coleman, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 89-5715. Godwin Nonyelum Chinagoram, aka Godwin Nonyelam

Chinagoram, aka Chinagorom Nonyelum Godwin, Petitioner v. United States. The motion of petitioner to amend petition for writ of certiorari is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Habeas Corpus Denied

No. 89-6175. In Re Joseph C. Brown, Petitioner. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. 88-7466. Jose Lorenzo Spearman, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections;

No. 88-7467. Jose Lorenzo Spearman, Petitioner v. James A. Lynaugh, Director, Texas Department of Corrections;

No. 89-489. William B. Smith, Petitioner v. Massachusetts Institute of Technology and Lincoln Laboratories;

No. 89-561. Louis A. LaRaia, Petitioner v. Robert Phillis, etc., et al.; 340 TUESDAY. JANUARY 16. 1990

No. 89-5647. Gary N. Holbrook, Petitioner v. Doug Williams, War- den, et al.; and

No. 89-5798. Kennith Blanks, Petitioner v. Ralph Kemp, Warden. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, January 22, 1990 until Tuesday, February 20, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Donald Francis Beach Falls Church, VA Walter W. Johnson Jr. John P. Blumberg Long Beach, CA Ave Buchwald Bruce Burleson Temple, TX Jim DeWitt Bowmer Timothy D. Carlyle Laguna Beach, Robert S. Barnes CA Thomas Carroll Washington, DC Robert J. Geniesse Richard John Chivaro Sacramento, CA Yeoryios Christou Apallas R. Stevens Condie Oakland, CA Gregory Dean Walker Michael W. Connally Los Angeles, CA Richard Barnett Wolf D. Michael Dale Portland, OR Karen Ann Berkowitz Michael A. Davenport Houston, TX Caliph Johnson David C. Davenport Jr. Santa Fe, NM Bruce Hall Carmen S. Flores San Francisco, CA F. Cancino Robert E. Franz Jr. Eugene, OR Ralph Fallon Cobb Lawrence E. Gercovich Sacramento, CA Yeoryios Christou Apallas Steven Keith Green South Royalton, Donald Wilson VT Jackson Geoffrey Allan Hansen San Francisco, CA Barry J. Portman Carlos E. Heaps Birmingham, AL Albert C. Bowen Jr. TUESDAY. JANUARY 16. 1990 341

Applicant City and State Movant

Margaret Eileen Hennessy Hillsboro, OR Karen Ann Berkowitz Carl Burton Hilliard Jr. San Diego, CA Herbert W'eston Walker James E. Humes II Columbus, GA Albert W. Stubbs Ira Karasick Hoboken, NJ Laurence Henry Tribe Guy P. Lander New York, NY Victor Joseph DiGioia Richard Michael Marano Waterbury, CT Mark D. Sperber H. Neil Margolin North Hollywood, Hugh A. Lipton CA Jonathan E. Martin Mount Clemens, John Gregg Bacon MI Robert J. Martin Hemet, CA William Reed Slomanson Neal T. McShane Orlando, FL Mark S. Blechman Bruce James McWhirter Chicago, IL Richard J. Rappaport Thomas Derrel Nevins III San Francisco, CA Gary L. Hailing Marc Stephen Palay Washington, DC Erwin N. Griswold Elizabeth A. Piotrowski Washington, DC Deborah Kay West Owen Gary L. Prior Chicago, IL Samuel Weisbard Frank T. Puccio Little Ferry, NJ Robert William Byrne Peter H. Reid Redwood City, Mark N. Aaronson CA Christopher Paull Riley Wheeling, WV Arch W. Riley Norris David Roberts Jr. Knoxville, TN Anna Carylon Fox Hinds Anabelle Rodriguez San Juan, PR Victo M. Pons Jr. Rodriguez Robert Andrew Sacks New York, NY Richard E. Carlton Gregory D. Seeley Cleveland, OH Thomas Michael Carolin 342 TUESDAY. JANUARY 16. 199"

Applicant Citv and State Movant

Michael N. Shoemaker Houston, TX J. Leah N. Culp D. Robert Shuman Sacramento, CA Yeoryios C. Apallas Murray B. Silverstein St. Petersburg, Stephen Joshua FL Wein Randall Alan Smith New Orleans, LA Michael R. Fontham Russell C. Sobelman Swampscott, MA Belden G. Bly Jr. G. Steven Stidham Tulsa, OK James Clay Lang Gar>T Alan Udashen Dallas, TX George R. Milner Mary A. Walsh Binghamton, NY Albert J. Millus Jr. Jerry Allen Walz Albuquerque, NM Sarah J. Reinhardt Daniel Rubin Warren Chicago, IL Barry Levenstam Jerry Bruce Wells Daytona Beach, Berrien H. Becks FL

Admission to the Bar on Oral Motion

Applicant Citv and State Movant

Michael Joseph White Dobbs Fern', NY James B. White Oral Arguments

No. 88-1671. United States Department of Labor, Petitioner v.

George R. Triplett, et al.; and

r No. 88-1688. Committee on Legal Ethics of the W est Virginia State

Bar. Petitioner v. George R. Triplett, et al. Argued by Mr. Michael R. Dreeben for the petitioners and by Ms. Jane Moran for the respondents.

No. 89-258. California, Petitioner v. American Stores Company, et al. Argued by Mr. H. Chester Horn, Jr.. for the petitioner and by Mr. Rex E. Lee for the respondents.

No. 88-1872. Cynthia Rutan, et al., Petitioners v. Republican Party of Illinois, et al.: and

Xo. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan. et al. Argued by Mrs. Man* Lee Leahy for the petitioners and cross-respondents and by Mr. Thomas P. Sullivan for the respondents and cross- petitioners. TUESDAY. JANUARY 16. 1990 343

No. 88-1993. Robert A. Butterworth, Jr., Attorney General of Flor- ida, et al., Petitioners v. Michael Smith. Argued by Mr. George L. Waas for the petitioners and by Mr. Gregg Darrow Thomas for the respondent.'

Adjourned until this afternoon at 4 o'clock.

The Chief Justice said: "The Court is convened today in special session to commemorate the 200th anniversary of its first sitting. We have the privilege of having three distinguished speakers here today to take note of this event. We begin with the former Chief Justice Burger."

CHIEF JUSTICE BURGER: "In a matter of days it will be 200 years since this Court first undertook to meet. On the day set, only three of the six Justices who had been confirmed were present. There being no quorum they met the following day when the fourth Justice arrived. The fifth did not make it at all and the sixth. Justice Harrison, declined the appointment partly on the grounds of health and probably influenced by the reality that riding circuit, with the primitive conditions of travel in that day, was a burden that only a Justice in robust health could undertake. As we know, this first session was held in a small room on the second floor of a commercial building in New York City across the street from the Fulton Fish Market near the waterfront. A bronze plaque was placed at this site by the American Bar Association in 1976. Although the subject of Article III was extensively discussed at

Philadelphia and in the ratification conventions, it did not receive the close attention, in some respects, that the other parts of the Constitu- tion were given by the Committee on Style, where it might well have noticed that there was no reference to "Justices" in Article III but simply "judges." That was not consistent with the reference to the Office of

Chief Justice in Article I assigning the duty to preside over impeach- ment trials. The Judiciary Act of 1789, largely drafted by Senator Oliver Ellsworth, who would become the third Chief Justice, the office is described as "Chief Justice of the United States." The structure of the federal system included a court of appeals to review the district courts, but it provided no judgeships for that court. It provided that those courts for each of the three circuits be made up of two Supreme Court Justices and one District Judge. Within a few years, the requirement of two Justices was reduced to one, but this 344 TUESDAY, JANUARY 16. 1990 required Justices to ride circuit under great hardships of primitive travel and housing. In 1791, Chief Justice Jay urged that judgeships be provided for the courts of appeals and the Congress did so in 1800 but then reversed itself after the election of Thomas Jefferson and the new Congress repealed the Act in 1801. In that day there seemed to be an attitude in the Congress that if the Justices of the Supreme Court were kept busy riding circuit they would be less troublesome to the other branches of government. The history of that early period shows that in a good many instances judges of the state courts declined appointments to the Supreme Court largely because of the circuit riding burden. John Marshall had declined appointment several years before becoming Chief Justice. Congress finally did respond to the urgings of ChiefJustice Jay and his successors by providing judges for the Court of Appeals and eliminating circuit riding burdens, but that was done, to borrow a phrase from the English equity law, "with all deliberate speed." It was done in 1891.

There being no business before the Court in the first few sessions it undertook house keeping matters; it appointed a "cryer," adopted a seal for the Court and later appointed a clerk. At its second session it admitted some lawyers, and over the next two years it mainly waited for the pipeline to bring some cases from the lower courts. In the Court's first ten years there are less than 70 cases reported in the U. S. Reports of that day. I suspect that members of the Court would like the docket to move in that direction— but without circuit riding.

The precise number of cases and opinions of the Court is not clear because apparently officers of the Court and those compiling the Re- ports may have decided that a record of some cases were not worth pre- serving. The records of those early years were not carefully kept and, of those that were kept, some were lost as the Court moved from New York to Philadelphia and then to Washington, and also some were de- stroyed probably by the British when they occupied Washington in the War of 1812. About 15 years ago the Court and the Historical Society joined in a project to reconstitute those records.

But it would be a mistake to assume that no important cases were decided in that first decade of the Court's history. Often overlooked, but possibly one of the most important, was the case of Ware v. Hylton argued in 1796 while the Court was sitting in Philadelphia, the only case John Marshall ever argued in this Court. The records indicate that the argument lasted about six days. Ware v. Hylton is important because it can be read as foreshadowing the holding in Marbury v. Madison nine TUESDAY. JANUARY 16, 1990 345

years later. The Court held, as we know, that a treaty between the United States and England terminating the war and requiring the payment of debts owed by Americans to British creditors be paid not in state currency but in the equivalent of "gold." John Marshall lost the case in a unanimous holding of the Court with Justice Samuel Chase writing the lead opinion and the other Justices, writing separately, following the English custom. As a judge I think Marshall would have decided Ware v. Hylton as the Court did. The best argument he could make was that the 1783 treaty did not apply and control the state legislative act because the debts were incurred before the Revolutionary War and before the Con- stitution. In holding that under Article VI, the treaty prevailed over a legislative act, surely gave some hint of Marbury, but the opinion in

Marbury v. Madison does not cite Ware v. Hylton. Whether that was because he wanted to forget about losing the case we have no way of

knowing, but surely that great mind of his must have had in mind that if one clause of the Constitution controls over a legislative act the result in Marbury v. Madison was quite simple.

The young Supreme Court did not enjoy the prestige that it has today. It was not regarded as a co-equal branch, and some questioned whether it could survive. Even Chief Justice Jay, one of the greats among our founding fathers, did not see much of a future for the Court. He resigned after about six years to become governor of New York. After Adams was defeated in the election of 1800 and Chief Justice Ells- worth resigned on the basis of health, Adams then offered the appointment to Jay. In declining he wrote that he would rather be governor of New York and, in any event, the Supreme Court as a tribunal would never amount to very much. It was then that John Adams, the lame duck President, turned to his Secretary of State, John Marshall, and invited him to take the appointment. Although Marshall had previously declined an appointment to this Court he did accept and the year of 1801 began a great epoch in the history of this Court and of this country. As we take note of this important anniversary of this Court— and of the county— it comes at the close of the decade when people all over the world are demanding the kinds of freedom this Court has been foremost in protecting for 200 years. Our history is their hope, and our hope for them must be that whatever systems they set up in place of the tyranny they have rejected will include a judiciary with authority and independence to enforce the b>asic guarantees of freedom, as this Court has done for these two hundred years." 346 TUESDAY. JANUARY 16. 1990

CHIEF JUSTICE REHNQUIST: Thank you, Mr. Chief Justice. Mr. Rex Lee. MR. LEE: "Mr. Chief Justice, and may it please the Court, I am hon- ored to participate in this bicentennial commemoration, and specifically to make some comments concerning the work of the Supreme Court bar over the 200 years of the Court's history. The clerk's familiar incantation, swearing new members of the bar as "attorneys and counselors" is rooted in some interesting history. Origi- nally, there was a distinction between the two. The first rules of the

Court, adopted on Thursday, February 5, 1790, provided that "counsellors shall not practice as attornies nor attornies as counsellors in this

court." Historians tell us the difference was that attorneys could file motions and do other paperwork, but only counselors could "plead a case before the Court." 1 The distinction lasted for eleven and one-half years, until by rule adopted on August 12, 1801, the Court ordered "that Counsellors may be admitted as Attornies in this Court, on taking the usual oath." 2 Over the two centuries of this Court's existence, there have stood before this podium— or its equivalent in other parts of this town, in Phila- delphia and New York— some very able and prominent "attorneys and counsellors." It is not surprising that appearances before this Court during its early years were dominated by Attorneys General of the United States; until the creation of the office of the Solicitor General in

1870, it was the Attorney General who was responsible for representing the United States before this Court. What is surprising is that the most notable and most frequent appearances of those early Attorneys Gen- eral were not on behalf of the government but in representation of private clients. This was true of the first Attorney General, Edmund Ran- dolph, the second, William Bradford, the seventh, William Pinkney, and the ninth, William Wirt. Indeed, William Wirt, one of the greatest Supreme Court advocates of all time and the man who holds the record for years of service as Attorney General, confessed that "my single motive for accepting the office was the calculation of being able to (obtain) more money for less work." 3 Things were a little different then. Edmund Randolph, our first Attorney General, was the most active of this Court's early practitioners. He appeared as counsel in the very

1 2 U. S. (2 Dall.) 399 (1790); 1 The Documentary History of the Supreme Court of the United States, 1789-1800 177, n. 18 (M. Marens & J. Perry eds. 1985). 2 Documentary History, supra, at 177, n. 18. 'J. Robert, The Hon. William Wirt: The Many-sided Attorney General, Sup. Ct. Hist. Soc'y. Y. B. 1976, at 55. TUESDAY. JANUARY 16. 1990 347 first case (which came up during the February 1791 term) Van Staphorst and Van StapJiorst v. Maryland. He also argued the first landmark case, Chisholm v. Georgia. Indeed, he was the only person who argued in that case. The state of Georgia refused to appear, and at the conclusion of Randolph's argument which lasted two and one-half hours, the Court's minutes reflect that "the Court, after remarking on the importance of the subject now before them .... expressed the wish to hear any gentlemen of the bar who might be disposed to take up the gauntlet in opposition to the Attorney General. As no gentlemen, however, were so disposed, the Court held the matter under advise- ment " 4 It would appear that the rules governing oral argument by amici were a bit more liberal in those days. The same is true of divided arguments, time limits, and questions from the bench. Representing the two sides in the oral argument in

McCulloch v. Maryland was perhaps the greatest collection of prominent advocates in the history of this Court's bar. Arguing for the bank were William Pinkney, William Wirt and Daniel Webster. And representing Maryland were Luther Martin, Joseph Hopkinson, and Walter Jones. The entire argument, by all six counsel, lasted nine days;

Thomas Edison's birth was still twenty-eight years away, and there were no red nor white lights. Those were the days when there were no questions; both the commentators and the advocates themselves referred to their arguments as speeches, which they would rehearse for days. Charles Warren relates that "the social season of Washington began with the opening of the Supreme Court term," 5 and some of those early lawyers, particularly Webster and Pinkney, apparently re- sponded by paying as much attention to the gallery as to the Justices. Pinkney's argument alone in McCulloch lasted for three full days. It was a performance which Professor Warren has said "was to prove the greatest effort of his life " Pinkney was described by Chief Jus- tice Marshall as "the greatest man (he) had ever seen in a court of justice"; by Chief Justice Taney as one to whom there was "none equal"; by Justice Story as having "great superiority over every other man (he had) ever known"; and by Francis Wheaton as the "brightest and meanest of mankind." 6

4 1 C. Warren, The Supreme Court in United States History 95 (1924) (quoting Dunlap's American Daily Advertiser, Feb. 21, 1793). 3 1 C. Warren, The Supreme Court in United States History, 471 (1924). 6 S. Shapiro, William Pinkney: The Supreme Court's Greatest Advocate, Sup. Ct. Hist. Soc'y. Y. B. 1988, at 40, 44. 348 TUESDAY. JANUARY 16. 1990

Pinkney had the distinction of serving as Attorney General of both the United States and also the state of Maryland, as a member of both Houses of .Congress, and minister to Great Britain and Russia. But whichever of these was paramount, it was in Pinkney's view a distant second to his one consuming passion: advocate before this Court. It was an endeavor to which he gave his life, both figuratively and literally. Following the completion of the last of his eighty-four arguments, in Ricard v. Williams— in 1822 with Daniel Webster on the other side— he suffered a collapse. He was carried to his home, where he died a few

7 days later. Incidentally, he lost Ricard v. Williams, an unpleasant experience for any lawyer, but one that is well-known to those who are seasoned. Walter Jones holds the record number of oral arguments with 317. It is a record which, given today's realities, is surely safe for all time. For Mr. Jones, there will be no Roger Maris or Hank Aaron. Daniel Web- ster is in second place, and it would appear that John W. Davis is third, and Erwin Griswold fourth. But the record number of landmarks, in my opinion, belongs to William Wirt, whose biographer has accurately observed that "he appeared in virtually all of the landmark cases of the first third of the nineteenth century." 8 These included Dartmouth

College v. Woodward, McCulloch v. Maryland, Cohens v. Virginia,

Gibbons v. Ogden, Brown v. Maryland, Ogden v. Saunders, Worcester v. Georgia, Cherokee Nation v. Georgia and Charles River Bridge v. Warren Bridge. Wirt was described by Chief Justice Chase as "one of the purest and noblest of men" and by another contemporary as "the most beloved of American advocates." 9 In four of these landmarks, Dartmouth College, McCulloch, Cohens v. Virginia, and Gibbons v. Ogden, Wirt appeared with Daniel Web- ster. They argued Dartmouth College and McCulloch just three weeks apart. He was the Attorney General at that time, and though in McCulloch he was arguing to sustain the power of the federal government, he received a substantial fee from the Bank of the United States. 10 Daniel Webster, though he won slightly less than half of his cases, probably had the greatest influence on the Court and its work of any nineteenth century advocate— perhaps the greatest influence of any ad-

: Id. at 45. 8 J. Robert, supra, at 52. "Id. 10 Id. at 56. TUESDAY, JANUARY 16. 1990 349

vocate in the Court's history. S. W. Finley has observed that "Webster and Chief Justice Marshall shared the same basic constitutional philoso- phy, and together with Justice Joseph Story they constitute a fortu- itous triumvirate in establishing the fundamentals of American federal- ism in the first four decades of the nineteenth century." 11

The twentieth century, of course, is not yet complete, but it is already clear that during the Court's second hundred years, advocates to match the stature of Pinkney, Wirt, and Webster have stood at this podium. Comparisons are difficult because of changes in circumstances and rules, but quite clearly the Court's jurisprudence during this century has been influenced by people such as John W. Davis, Robert

Jackson, Thurgood Marshall, and Erwin Griswold, just as it was during earlier times by Pinkney, Wirt, and Webster. And our century also has had its equivalent of McCulloch's battle of the giants when, for exam- ple, Briggs v. Elliot, a companion case to Brown v. Board of Educa- tion, pitted John W. Davis against Thurgood Marshall. Mr. Chief Justice, we the members of the bar of this Court are proud of the institution whose two hundredth birthday we celebrate, proud of

what it has meant and what it has done for our country and its people, and proud of the contribution that the members of the bar have made to the Court and its accomplishments over its two-hundred-year history. We recognize that we are more than attorneys and counselors. As officers of the Court, we are charged not only with the responsibility of vigorously representing our clients but also assuring that our represen-

tation is objective, fair, evenhanded, and contributory to the Court's performance of its duties. We are mindful of the institution before which we practice, and the role that it has played from 1790 to 1990 in securing individual rights and providing stable government. We are pleased to offer our continuing services as we enter the Court's third century." CHIEF JUSTICE REHNQUIST: Thank you, Mr. Lee. Mr. Solicitor General Kenneth W. Starr. SOLICITOR GENERAL STARR: "Almost half a Century after this Court's opening session, Alexis de Tocqueville, the French observer of democracy in the new Republic, turned his eye back to the Founding and saw in that remarkable generation the finest minds and noblest characters ever to have graced the New World.

11 S. W. Finley, Daniel Webster Packed 'Em In, Sup. Ct. Hist. Soc'y. Y. B. 1979, at 70. 350 TUESDAY. JANUARY 16. 1990

And the wisest, ablest minds of that generation were well repre- sented in the membership of this Court. As we have been reminded, the docket may not have been especially demanding, and the rigors of office may have been daunting, but the Court nonetheless boasted among its members not only its distinguished Chief Justice, John Jay, author along with Madison and Hamilton of The Federalist Papers, but also several delegates to the Constitutional Convention itself. Like the Na- tion's first Attorney General, Edmund Randolph of Virginia (whose successor is here today), Justices Rutledge of South Carolina, Wilson of Pennsylvania, and Blair of Virginia, had served as members of the Convention. Other Justices of the 1790's, including Iredell of North Carolina and Cushing of Massachusetts, had played pivotal roles in their respective States in securing ratification. To these individuals, along with their counterparts in the political branches, fell the task of forming a workable government. It was John Jay who articulated the basic structural insight: 'Wise and virtuous men have thought and reasoned very differently respecting Government, but in this they have at length very unanimously agreed. That its powers should be divided into three, distinct, independent Departments — the Executive legislative and judicial."

As Providence would have it, in our system of separated powers, it fell in no small measure to the Court to serve as an instrument of achieving the Madisonian and Hamiltonian vision of a vast commercial republic. That was not without difficulty, since this was to be the branch where, as Hamilton put it, judgment, not will, was to be exercised. The fundamental importance of the judgment of the judiciary was made manifest early on. That our constitutional democracy, by virture of the status of the Constitution as supreme law, would include the power of judicial review was evidenced in the judicial literature as early as 1792 in Hay burn's Case. If not before, the decision of Hylton v. United States in 1796, upholding the constitutionality of the federal Carriage Tax, powerfully foreshadowed Marbury v. Madison. In short, although the judiciary was to be the least dangerous branch, it was nonetheless to be a truly co-equal, co-ordinate branch with the Legisla- ture and the Executive. In view of the Court's role, friction between the federal judiciary and the several States was inevitable, just as leading Anti-Federalists such TUESDAY, JANUARY 16. 1990 351 as George Mason had pessimistically predicted. Quite apart from Chis- hohn v. Georgia, other decisions of that first decade now dim in the national memory made clear that the national power in its proper sphere extended to and ultimately controlled the States. This was important to be said, and the Court did not flinch from saying it. These formative principles— of the legitimacy as well as the limits of judicial power, and of the need to vindicate the primacy of the Nation in its appropriate sphere over narrow, parochial interests— provided important grist for the early judicial mill. Along with Washington's stewardship of the Executive power, and the wisdom of the first Congress — graced by Madison himself, who turned his hand to fashioning the Bill of Rights— the leaders of the Nation in all three branches brought to life in 1789 and 1790 what the Framers had envisioned— a balanced government, destined to stand the test of time. The Nation has endured and prospered. The structure of government has endured. The Court has endured. And with the long-sought aboli- tion of slavery, the promise of legal equality— embodied in the 14th Amendment— took root and grew so that the original vision of the Dec- laration and the Constitution's vision of a more perfect union, preserved out of bitter conflict, and a true constitutional democracy for all our citizens came fully to life. It was in large measure these events — so important for the work of this Court over the past century— that brought the Department of Justice into being in the wake of the Civil War. This was what Tocqueville had seen so clearly, peering as he did into the future, looking at us with prophetic vision. Social equality, as

Tocqueville put it, was what America ultimately promised through the emergence of democratic institutions. This was, he felt, the will of God. From the American experience, purified by slavery's inevitable eradi- cation, Tocqueville believed that Europe could learn and morally profit. This was a new order of the ages. Out of the mouths of babes in the New World, truths about what the Twentieth Century moral imagination of T. S. Eliot would call, simply, the permanent things, would emerge— the moral vision of equal justice under the rule of law. This was, as demonstrated by events now unfolding across the globe, a pow- erful vision destined to capture the moral imagination of the entire family of mankind.

For that vision brought to life in the judiciary's daily, steadfast service to the law, those of us privileged to serve in the Department of Jus- tice, under the stewardship of the officer whose office was created by the Judiciary Act of 1789, salute the courts of justice and the tribunal ordained in Article III of our beloved Constitution as "one supreme 352 TUESDAY. JANUARY 16. 1990

Court". As Lincoln put it so simply at Gettysburg, only seven years before the birth of our own Department, it is entirely fitting and proper that should we do this." CHIEF JUSTICE REHNQUIST: "Thank you Mr. Starr. Chief Jus- tice Burger, General Starr, Mr. Lee: your felicitous remarks have shown how the Supreme Court of the United States got off to what was indeed a slow start in New York two hundred years ago, but eventually picked up the necessary speed to evolve into a truly co-equal branch of the federal government. Half a century ago the Court held a ceremony similar to this one, commemorating the one-hundred and fiftieth anniversary of its first session. Attorney General Robert H. Jackson— soon himself to become a member of this Court— addressed the Court on that occasion saying:

"(T)his age is one of founding fathers to those who follow. Of course, they will reexamine the work of this day, and some will be rejected. Time will no doubt disclose

that sometimes when our generation thinks it is correcting

a mistake of the past, it is really only substituting one

of its own .... I see no reason to doubt that the problems of the next half-century will test the wisdom and courage of this Court as severely as any half-century of its existence."

None of us here today can doubt the accuracy of Robert Jackson's assessment of this Court's succeeding half-century. All of us realize how significantly— indeed, how dramatically— the interpretation of the United States Constitution has changed in the past fifty years. And yet, we, too, must realize that our work has no more claim to infallibil- ity than that of our predecessors. Daniel Webster said that "Justice is the great end of man on earth"— a statement which attests his wisdom not only as a statesman but as a theologian — and the motto inscribed on the front of this building— "Equal Justice Under Law"— describes a quest, not a destination.

But if we look at the temporal context of the ceremony here in this room fifty years ago, it was vastly different from the one today. The gathering storm of war had burst a few months earlier with the German invasion of Poland. A few months later the German breakthrough in the Ardennens would knock France out of the war, leaving Great Britain and her commonwealth allies fighting alone against the dictators. The fate of constitutional ideals such as self-government and the rule of law seemed to hand in the balance of war. TUESDAY. JANUARY 16. 199m 353

How different it is today. The allies won the Second World War, and the worth of western values was re-established. In February, 1940, when this Court celebrated its one hundred and fiftieth anniversary, it was virtually the only constitutional court— a court whose existence was based on a written constitution which had the authority to invali- date legislative acts — sitting anywhere in the world. But after the Sec- ond World War, the idea of such a court found favor with nation after nation. The written Constitution drafted by the framers in Philadelphia in 1787 incorporated two ideas which were new to the art of government.

The first is the system of presidential government, in which the executive authority was separated from the legislative authority. This idea has found little favor outside of the United States, and countries just as committed to democratic self-government as we are have preferred the parliamentary system. The second idea was that of a constitutional court which should have authority to enforce the provisions of a written constitution. It is this second idea which has commanded itself to country after country following the Second World War. Today its momentum continues. Less than a decade ago Canada adopted a charter of rights to be enforced by its Supreme Court. In countries today which do not have a full-scale constitutional court— Great Britain, Sweden, Australia — proponents of change are engendering lively debate. It do not think that I overstate the case when I say that the idea of a constitutional court such as this one is the most important single American contribution to the art of government. As we look today towards eastern Europe, where a curtain which had been drawn for nearly half of a century has been lifted only with the past year— it may not be too much to hope that these nations, too, will see fit to re-shape their judiciaries on the American model.

The three Justices who gathered in New York City on February 1. 1790, could not possibly have foreseen the future importance of the court upon which they accepted the call to serve. I am confident that even those who gathered here fifty years ago could not have foreseen the changes and developments in the law which would come in the next half-century, nor the influence that this institution would have outside its borders during that time. And surely the same is true of those of us who have gathered here today to commemorate the bicentennial of the Court's first sitting. We have no way of knowing with certainty where the quest for equal justice under law will lead our successors in the next half-century. If at 354 TUESDAY. JANUARY 16. 1991 times our labors seem commonplace or even unavailing, let us hark to the words of Arthur Hughe Clough: "And not by eastern windows only When daylight comes comes in the light In front the sun climbs slow, how slowly

But westward look, the land is bright!"

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. JANUARY 17. 1990 355 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 87-2066. W. S. Kirkpatrick & Co., Inc., et ah, Petitioners v. Environmental Tectonics Corporation, International. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judg- ment affirmed. Opinion by Justice Scalia.

No. 88-1374. Jimmy Swaggart Ministries, Appellant v. Board of Equalization of California. Appeal from the Court of Appeal of Califor- nia, Fourth Appellate District. Judgment affirmed. Opinion by Justice O'Connor.

No. 88-1105. Curtis Guidry, Petitioner v. Sheet Metal Workers Na- tional Pension Fund, 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 Blackmun.

Oral Arguments

No. 88-1775. Gary E. Peel, Petitioner v. Attorney Registration and Disciplinary Commission of Illinois. Argued by Mr. Bruce J. Ennis, Jr., for the petitioner, by Mr. Stephen J. Marzen for the Federal Trade Commission, as amicus curiae, supporting the petitioner, by special leave of Court, and by Mr. William F. Moran, III, for the respondent.

No. 88-2035. Adams Fruit Company, Inc., Petitioner v. Ramsford

Barrett, et al. Argued by Ms. Bonita L. Kneeland for the petitioner and by Mr. Laurence H. Tribe for the respondents.

No. 87-6700. John Henry Selvage, Petitioner v. James A. Collins, Director, Texas Department of Corrections. Argued by Mr. Richard H. Burr, III, for the petitioner and by Mr. Robert S. Walt for the respondent. 356 WEDNESDAY. JANUARY 17. 1991

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona. Argued by Mr. Timothy K. Ford for the petitioner and by Mr. Paul Joseph McMurdie for the respondent.

Adjourned until Monday, January 22, 1990 at 10 o'clock. x

Order in Pending Case

No. A-498. Gerald Smith, Applicant v. William Armontrout, War- den. The motion of the Missouri Capital Punishment Resource Center for leave to intervene as next friend and for reconsideration of application for stay of execution is denied. Dissenting statement by Justice Brennan and Justice Marshall. (JOURNAL) MONDAY. JANUARY 22. 1990 357 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, and Justice Scalia. The Chief Justice said: "As we open this morning we note with sadness the death last Friday of Arthur J. Goldberg, former Justice of this Court. Born of immigrant parents in Chicago, he graduated with honors from Northwestern Law School when he was only twenty-one. His ca- reer exemplified a life-long interest in public affairs. During thirty years of private practice in the middle part of this century, he served as General Counsel to the CIO, and was instrumental in effecting its merger with the AFofL in 1955. When President John F. Kennedy took office in 1961, he chose Arthur Goldberg to be his Secretary of Labor. Barely a year and a half later he appointed Justice Goldberg to this Court to succeed Justice Felix Frankfurter. Justice Goldberg left the Court three years later to accept appointment from President Lyndon Johnson as the United States Ambassador to the United Nations. He served in that post during a very difficult period of the Vietnam War, and after leaving it returned to the practice of law. Though Justice Goldberg served on this Court for a comparatively brief period of time, he made important contributions to its jurisprudence. I speak for all members of the Court in expressing our profound sympathy to the family of Justice Goldberg. The recess which the Court takes today will be in memory of Justice Goldberg, and at an appropriate time there will be a traditional memorial observance in this Courtroom." Opinions

No. 88-5050. Daniel Holland, Petitioner v. Illinois. On writ of certiorari to the Supreme Court of Illinois. Judgment affirmed. Opinion by Justice Scalia. Concurring opinion by Justice Kennedy. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Blackmun join. Dissenting opinion by Justice Stevens.

No. 88-1650. Francine Tafflin, et al., Petitioners v. Jeffrey A.

Levitt, et al. On writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit. Judgment affirmed. Opinion by Justice 358 MONDAY, JANUARY 22. 1990

O'Connor. Concurring opinion by Justice White. Concurring opinion by Justice Scalia with whom Justice Kennedy joins.

No. 88-1198. Federal Trade Commission, Petitioner v. Superior Court Trial Lawyers Association; and

No. 88-1393. Superior Court Trial Lawyers Association, et al., Peti- tioners v. Federal Trade Commission. On writs of certiorari to the United States Court of Appeals for the District of Columbia 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 announced by the Chief Justice. Opinion by Justice Brennan dissenting in part with whom Justice Marshall joins. Opinion by Justice Blackmun concurring in part and dissenting in part. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 89-400. David Lucas, et al., Appellants v. Judy Townsend, etc., et al. Appeal from the United States District Court for the Middle Dis- trict of Georgia. The judgment is affirmed.

Orders in Pending Cases

No. — . Glen Marcus Fallin, Petitioner v. Paul H. Cunningham, et al. The motion for leave to file copies of petition for writ of certiorari and appendix separately and out-of-time is denied. Justice Blackmun would grant the motion.

No. — . Kenneth Granviel, Petitioner v. James A. Lynaugh, Direc- tor, Texas Department of Corrections. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted. for No. — . Tyronne Lindsey, Petitioner v. Louisiana. The motion leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. — . Jack J. Mitchelson, Petitioner v. Kemmerer Coal Company, et al. The motion to direct the Clerk to file the petition for writ of certiorari, out-of-time, is denied.

No. A-488. Paul A. L. Nelson, Applicant v. Loretto L. Jones. The application for stay addressed to Justice Marshall and referred to the Court is denied. MONDAY. JANUARY 22. 1990 359

No. D-814. In the Matter of Disbarment of Zayle A. Bernstein. Dis- barment order entered. No. D-820. In the Matter of Disbarment of John Joseph McDonnell. Disbarment order entered. No. D-822. In the Matter of Disbarment of Alan Masters. Disbar- ment order entered. No. D-828. In the Matter of Disbarment of Michael Joseph Kavanaugh. Disbarment order entered.

No. D-830. In the Matter of Disbarment of Brandt Nicholson. Dis- barment order entered.

No. D-831. In the Matter of Disbarment of E. Lawrence Brass. Dis- barment order entered.

No. D-832. In the Matter of Disbarment of Lewis M. Batkin. Disbar- ment order entered.

No. D-835. In the Matter of Disbarment of Charles Monroe Thorp, III. Disbarment order entered.

No. D-854. In the Matter of Disbarment of Thomas J. McCallum. It is ordered that Thomas J. McCallum, of Fraser, 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-855. In the Matter of Disbarment of Fred Rivas. It is ordered that Fred Rivas, of Chino, 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. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The motion of the River Master for approval of fees and expenses is granted and the River Master is awarded $3,761.73 for the period July 1-December 31, 1989, to be paid equally by the parties.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. The Accounting of the Special Master for expenses is approved.

The Special Master is hereby discharged.

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. The motion of Daniel M. Kirwan to vacate order of Court entered October 30, 1989, and to appoint substitute counsel is granted and it is ordered that Dan

W. Evers, Esquire, of Mount Vernon, Illinois, is appointed to serve as counsel for respondent in this case. 360 MONDAY, JANUARY 22, 1990

No. 89-275. Cooter & Gell, Petitioner v. Hartmarx Corporation, et al. The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted.

No. 89-350. Lantana Cascade of Palm Beach, Ltd., Petitioner v. Lanca Homeowners, Inc. The motion of respondent to tax appellate costs and to award appellate legal fees is denied.

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. The motion of Pan American World Air- ways, Inc., et al. for leave to file a brief as amici curiae is granted.

No. 89-789. Alabama, Petitioner v. Vanessa Rose White. The motion of respondent for appointment of counsel is granted and it is ordered that David B. Byrne, Jr., Esquire, of Montgomery, Alabama, is appointed to serve as counsel for the respondent in this case.

No. 89-894. Michael J. Connolly, Secretary of State of Massachu- setts, et al., Petitioners v. Securities Industry Association, et al. The

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

No. 89-6168. H. T. Layman, Petitioner v. Alabama Highway Depart- ment, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 12, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 89-152. Vera M. English, Petitioner v. General Electric Com- pany. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 89-504. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Marilyn Finkelstein. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. No. 89-601. Commissioner, Immigration and Naturalization Service, et al., Petitioners v. Marie Lucie Jean, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. MONDAY. JANUARY 22, 1990 361

No. 89-645. Michael Milkovich, Sr., Petitioner v. Lorain Journal Co.,

et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Lake County, granted.

No. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to Questions 1 and 2 presented by the petition. In addition the parties are requested to brief and argue the question of whether or not the Court should reconsider its decision in

Richardson v. Harmon, 222 U.S. 96 (1911).

Certiorari Denied

No. 88-2117. Income Security Corporation, Inc., et al., Petitioners v.

Louisiana Oilfield Contractors Association, Inc. et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-444. American Federation of Government Employees, AFL-

CIO, Petitioner v. Department of Health and Human Services, et al.;

No. 89-566. National Treasury Employees Union, Petitioner v. United States Department of Treasury, Financial Management Serv- ice, et al.; and

No. 89-853. Federal Labor Relations Authority, Petitioner v. United

States Department of Treasury, Financial Management Service, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-610. National Treasury Employees Union, Petitioner v.

Department of the Treasury, Office of Chief Counsel, et al.; and

No. 89-758. Federal Labor Relations Authority, Petitioner v.

Department of the Treasury, Office of Chief Counsel, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-616. Brian Schoenfield, Petitioner v. County of Humboldt, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 89-635. National Federation of Federal Employees, Petitioners.

Richard B. Cheney, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 89-671. American Insurance Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 362 MONDAY. JANUARY 22. 1990

No. 89-679. Daniel Bell, et al., Petitioners v. Dick Thornburgh, Attorney General 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. 89-690. Leo Hurwitz, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-751. Dale R. Wiley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-786. Garrey Carruthers, Governor of New Mexico, et al.,

Petitioners v. Dwight Duran, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-819. James F. Collins, Jr., et al., Petitioners v. Womancare, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-825. Joseph E. English, et ux., etc.. Petitioners v. New Eng- land Medical Center Hospital, Inc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 89-826. First English Evangelical Lutheran Church of Glendale,

California, Petitioner v. County of Los Angeles, California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-827. Lawrence Allen Cameron, Petitioner v. Robert K. Corbin, Attorney General of Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-837. Swanco Insurance Company-Arizona, Petitioner v. Wil- liam D. Hager, Commissioner of Insurance of Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-844. Michigan Bell Telephone Co., Petitioner v. Barbara Cleary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-850. Robert G. Cronson, Auditor General of Illinois, Peti- tioner v. Chicago Bar Association, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-855. Eleanor Kelly O'Neill, Petitioner v. Barbara Ann Eller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, JANUARY 22. 1990 363

No. 89-860. Estate of Earl R. Brees, Petitioner v. Robert E. Hamp- ton, Chairman, Civil Service Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-863. Myron Harper, et ux., Petitioners v. Federal Land Bank of Spokane, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-864. Miami Center Limited Partnership, et al., Petitioners v.

Fred Stanton Smith, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-868. Philip W. L. Lum, Petitioner v. Raymond Jensen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-873. Hugh L. Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-881. James Constant, Petitioner v. Advanced Micro-Devices, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-883. Technology for Energy Corporation, Petitioner v. RADCAL Engineering, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-884. Byron Daniel Crawford, Petitioner v. Workers' Com- pensation Appeals Board. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-885. Air-Sea Forwarders, Inc., Petitioner v. Air Asia Com- pany, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-886. Carolyn Roberts, et al., Petitioners v. Clarence Thomas, Chairman, Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-896. Red Baron-Franklin Park, Inc., et al, Petitioners v.

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

No. 89-897. Kenneth C. Grimes, Petitioner v. Louisville and Nash- ville Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 364 MONDAY. JANUARY 22. 1990

No. 89-899. Lantech, Inc., Petitioner v. Kaufman Company of Ohio, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-900. Suffolk County Treasurer, Petitioner v. James Barr, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-904. Carl Michael Forrester, Sr., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Morgan County, denied.

No. 89-918. Texas, Petitioner v. West Publishing Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-921. Crown Roll Leaf, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-924. David P. Gould, et al., Petitioners v. Alieco, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-945. Wedge Group, Incorporated, Petitioner v. Third Na- tional Bank in Nashville. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-955. Manfred Derewal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-962. George Story, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5408. Francisco Soto, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5452. Ronald D. Weaver, Petitioner v. William Sheaffer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5609. Terry Darnell Dunn, Petitioner v. Thomas White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5701. Brian Patrick Spencer Perceval, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. JANUARY 22. 1990 365

No. 89-5747. Kevin R. Jenkins, Petitioner v. Louisiana, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5761. L. J. Munna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5768. Milford Eugene Slader, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5822. Jairo Sosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-5828. Lynn Murphy Creel, Petitioner v. District Attorney and County Sheriff of Medina County, Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied.

No. 89-5856. Frank Edmond Milano, Petitioner v. Aaron J. Johnson, Secretary, North Carolina Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 89-5861. Martin John Silva, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5871. Bruce Carroll Pierce, Petitioner v. United States; and

No. 89-5873. David Lane, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-5883. Cheri Anne McKee, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 89-5893. Jose C. Santos, Petitioner v. Darrell A. Kolb, Superin- tendent, Fox Lake Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5904. Louis Ernesto Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5914. Santos Torres, Petititoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 366 MONDAY, JANUARY 22, 1990

No. 89-6040. David R. Morales, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6088. Robert Walker, Petitioner v. Edward W. Jones, Super- intendent, Great Meadows Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6089. Michael Lynn Brown, Petitioner v. James E. Johnson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6121. Robert Elijah Washington, Petitioner v. Michael E. Bumgarner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6124. John Michael Ferenc, Petitioner v. Richard L. Dugger,

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

No. 89-6125. Douglas L. Clark, Petitioner v. Garfield County, Colo- rado. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-6127. Valance Cole, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-6131. A. C. Clark, Petitioner v. Richard L. Dugger, Director, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6142. Robert L. Poole, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Allen County, denied.

No. 89-6147. Winston Willis, Petitioner v. First Bank National Asso- ciation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6149. Robert Hilliard, Petitioner v. Hilton Butler, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6159. Bryan Randall, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6163. Wayne Hill, Petitioner v. International Harvester Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, JANUARY 22. 1990 367

No. 89-6164. Nathan Kern, Petitioner v. Charles J. Jackson, Com- missioner, Mississippi Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6167. Vaughn Laird, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6171. Raymond Arthur Case, Jr., Petitioner v. Orville B. Pung, Commissioner, Minnesota Department of Corrections. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-6173. Travis Kenneth Bynum I, Petitioner v. The Florida Bar. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 89-6174. Travis Kenneth Bynum I, Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 89-6177. Rodney Branham, Petitioner v. Ted Koehler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6179. Emery M. Jordan, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6180. Lucius Wilborne, Petitioner v. Robert Redman, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6182. Derrick A. Rogers, Petitioner v. Norman Hills, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6188. Wayne Desire, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6193. Hamid A. Khalid, Petitioner v. Stanley L. Kubacki, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6195. James A. Nelson, Petitioner v. Ben G. Bower, Superin- tendent, Ohio Southeastern Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 368 MONDAY, JANUARY 22, 1990

No. 89-6197. Melvin Leroy Tyler, Petitioner v. Nels Moss, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6199. Merton Bond, Petitioner v. Larry D. Raikes, Judge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6220. Henry L. Ykema, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6224. Merton Bond, Petitioner v. Larry Raikes, Judge, Nel- son Circuit Court. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-6237. Walter Warren Vinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6242. Gladys Watson, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6249. Sidney D. Furst, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6254. Vaughn Ehret, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6257. William J. Biondi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-6263. Kenneth Manner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-6269. Oscar A. Beaulieu, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-589. CBS Inc., Petitioner v. Martin W. Berda, et ux. The motion of Merchants and Manufacturers Association for leave to file a brief as amicus curiae is granted. The motion of General Motors Corporation 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. MONDAY. JANUARY 22. 1990 369

No. 89-838. Callan Pinckney, et al., Petitioners v. Valente-Kritzer Video. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 89-857. CBS Inc., Petitioner v. Adeline M. Bruno. The motion of Merchants and Manufacturers 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 Third Circuit denied.

No. 89-866. Connecticut, Petitioner v. Michael D'Ambrosia. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-871. Kentucky, Petitioner v. Christopher Charles Walls; and

No. 89-872. Kentucky, Petitioner v. Teddy Lee Cosby. The motions of respondents for leave to proceed in forma pauperis are granted. Pe- titions for writs of certiorari to the Supreme Court of Kentucky denied.

No. 89-5580. Keith Messiah, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6107. Douglas McArthur Buchanan, Jr., Petitioner v. Vir- ginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6244. Victor G. Klokoc, 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. 88-7274. Ronnie Lee Alston, Petitioner v. C. R. Edwards;

No. 88-7361. Ronnie Lee Alston, Petitioner v. John C. Gluch, Warden;

No. 88-7476. Ronnie Lee Alston, Petitioner v. John C. Gluch, War- den, et al.;

No. 88-7519. Ronnie Lee Alston, Petitioner v. John C. Gluch, Warden;

No. 89-284. Dennis Loftus, et al, Petitioners v. Commissioner of

Internal Revenue, et al.;

No. 89-434. Archie Julien, Petitioner v. Agnes S. Baker;

No. 89-5122. "Jessie Rademaker, Petitioner v. Veterans Administration; 370 MONDAY, JANUARY 22, 1990

No. 89-5670. Frank Barela, Petitioner v. James A. Baker, III, Sec- retary of State;

No. 89-5.718. David L. Richardson, Petitioner v. Kenneth Arnold, et al.;

No. 89-5728. Otto A. Preuss, Petitioner v. District of Columbia, et al.;

No. 89-5736. Wanda Lee Kimelman, Petitioner v. City of Colorado

Springs, et al.;

No. 89-5779. Joseph Johns, Petitioner v. Charles T. S. Yee;

No. 89-5782. Billy Flanery, Jr., Petitioner v. United States;

No. 89-5843. Donald E. Smith, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary at Parchman;

No. 89-5917. Clifford D. Noe, Petitoner v. United States; and

No. 89-5953. In Re Daniel Stull and Henry Stull, Petitioners. The petitions for rehearing are denied. No. 88-1083. John Doe Agency and John Doe Government Agency,

Petitioners v. John Doe Corporation. Respondent's petition for rehearing to modify and clarify the decision on the merits is denied.

No. 89-200. Mendel E. Ofrnan, Petitioner v. United States; and

No. 89-5131. George W. Nicholas, Petitioner v. United States. The motions for leave to file petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Tyrus R. Atkinson Jr. Atlanta, GA John A. Blackmon Miguel E. Bonilla-Sierra San Juan, PR Heberto J. De Vizcarrondo Ar

Michael J. Bresnehan Chandler, AZ Jessica Gifford Funkhouser George Ross Bridgman Jr. Columbus, OH Robert E. Tait Philip Morgan Brooks Berkeley, CA Peter Ronald Silten

Alan S. Brown Indianapolis, IN Hugh E. Reynolds Jr. William E. Cassidy Miami, FL John Joseph Hearn MONDAY. JANUARY 22. 1990 371

Applicant fitv anrl ^fatp Movant

Andrew Haley Cline Harrisburg, PA John P. Krill Jr. Richard Cohen Canton, OH James Worthington Sanders Sharon Huddle DeAngelo Sacramento, CA James H. Wolpman Jean M. Dudek Chicago, IL Timothy J. Malloy Steven A. Feldman Hauppauge, NY Arza Rayches Feldman Irwin H. Flashman San Juan, PR Edward M. Borges Marsha Dee Galinsky Los Angeles, CA Gordon F. Hampton Earle Duncan Getchell Jr. Richmond, VA J. Robert Brame III Edward L. Graham Florence, SC Eugene Noel Zeigler

Charles L. Gregory Atlanta, GA Allen I. Hirsch John Gregory' Jr. Salem, VA Jonathan Mitcalfe Apgar Denton M. Hatch Salt Lake City, Ray R. UT Christensen

Glenn P. Hendrix Atlanta, GA Allen I. Hirsch Brett A. Hickman Columbia, SC William Thomas Lavender Jr. Sherry E. Ayub Hooten- San Antonio, TX Brendan Eugene Soele Gill Tamela Louise Kahle Phoenix, AZ Charles J. Surrano III Laura D. Keller Lexington, KY John Michael Famularo Jane Susan Kelsey Roseland, NJ John Paul McGee Anthony D. Kowals South Bend, IN George E. Herendeen Stuart Lawrence Leeds El Paso, TX Robert Davidson Dinsmoor Steven C. Litz Indianapolis, IN Richard Kammen Sheldon M. Lustig Chicago, IL L. Andrew Tollin 372 MONDAY. JANUARY 22. 199C

Applicant City and State Movant

Kathryn C. Mallory Dallas, TX William Alan Wright Dean Phillip Mandross Toledo, OH James Douglas Bates Samuel Joseph Manella Chicago, IL Jerome Edward Larkin Edward Manibusan Saipan, NM David Armstrong Webber John Thomas McLandrich Solon, OH Todd M. Raskin Ilene J. Miller New York, NY Richard T. Farrell Robert Axel Olson Beverly Hills, CA Alan G. Martin Peter V. Pantaleo New York, NY Joel B. Zweibel Cheter Vincent Phelps Jr. Brighton, CO Bradley J. Coover Bruce A. Rawls Birmingham, AL Francis Asbury Flowers III Mark Ellis Recktenwald Honolulu, HI Michael A. Shea Neil Reiseman Roseland, NJ John Paul McGee James Lee Richey Birmingham, AL Frank M. Young III Gracemary Rizzo Washington, DC Jay Lawrence Witkin Gary D. Roberts Los Angeles, CA Vilma S. Martinez Charles Preyer Roberts III Greensboro, NC Richard Bevins Kale Jr. Timothy Edward Rowe Reno, NV John Jennings McCune Dennis Paul Sedor Auburn, NY Louis P. Contiguglia Sarah Marie Shields San Francisco, CA Donald T. Ramsey Ralph A. Siciliano Brooklyn, NY Vincent J. Syracuse Robert Sidney Smith Washington, DC Thomas Joseph McGonigle Stephen Alan Somerstein New York, NY Mary Boresz Pike Scott W. Spencer Columbus, OH James William Lewis Charles Trudrung Taylor Fresno, CA William Thomas Ri chert MONDAY. JANUARY 22. 1990 373

Applicant City and State Movant

James R. Thomas Okanogan, WA R. E. Mansfield Marsha Ann Tolchin Chicago, IL L. Andrew Tollin Jonathan Ross Vaughn Columbus, OH Robert Allen Vaughn William David Watkins Tallahassee, FL Kenneth Frank Hoffman Walter Jay Wylie North Myrtle James Lamb Hills 1 Beach, SC Robert F. Zoccola Indianapolis, IN Hugh E. Reynolds Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Brooke Schumm III Baltimore, MD Daniel Saul Katz Jacqueline Marie Bunty Baltimore, MD Daniel Saul Katz Deborah Kay Hines Baltimore, MD Daniel Saul Katz Louise Ann Lock Baltimore, MD Daniel Saul Katz Susan Souder Baltimore, MD Daniel Saul Katz Janet G. Aldrich Silver Spring, MD Paul Victor Carlin Frank F. Daily III Baltimore, MD Paul Victor Carlin Lois Sandra Despeaux Baltimore, MD Paul Victor Carlin Stephen Walter Godoff Baltimore, MD Paul Victor Carlin Theresa M. Hall Bethesda, MD Paul Victor Carlin Carol Lynn James Columbia, MD Paul Victor Carlin

Leo J. Jordan Bloomington, IL Paul Victor Carlin Michael Gayhart Kent Baltimore, MD Paul Victor Carlin Martin Levy Silver Spring, MD Paul Victor Carlin Steven Andrew Michael Silver Spring, MD Paul Victor Carlin Michael Sanford Oring Silver Spring, MD Paul Victor Carlin David Harrison Pratt Westminster, MD Paul Victor Carlin Steven J. Scheinin Fallston, MD Paul Victor Carlin John A. Sheehan Washington, DC Paul Victor Carlin Martha Ann Sitterding Westminster, MD Paul Victor Carlin Robert Moore Spery Salisbury, MD Paul Victor Carlin Durke Glynn Thompson Bethesda, MD Paul Victor Carlin 374 MONDAY. JANUARY 22. 1990

Applicant City and State Movant

Michael Elliot Winer Potomac, MD Paul Victor Carlin John Winfred Wright Annapolis, MD Paul Victor Carlin Bonnie Wylie Columbia. MD Paul Victor Carlin Keith Jay Zimmerman Baltimore, MD Paul Victor Carlin Jay Chaim Shoulson Long Island City Paul Victor Carlin NY Sherry Jane Stein Geneva, OH Paul Victor Carlin

Adjourned until Tuesday, February 20. 1990 at 10 o'clock. x (JOURNAL) FRIDAY. JANUARY 26. 1990 375 SUPREME COURT OF THE UNITED STATES

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

Order

Ordered:

1. That the Federal Rules of Evidence be, and they hereby are, amended by including therein amendments to Rule 609(a)(1) and (2). 2. That the foregoing changes in the Federal Rules of Evidence shall take effect on December 1, 1990.

3. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing changes in the rules of evidence in ac- cordance with the provisions of Section 2074 of Title 28, United States Code.

(JOURNAL) THURSDAY. FEBRUARY S. 1990 377 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 89-6347. Frank Smith, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections, et al. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Blackmun and Justice Stevens would grant the application for stay.

(JOURNAL) TUESDAY. FEBRUARY 20. 1990 379 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 89-935. Lively Exploration Company, et al., Petitioners v. Valero Transmission Company. Appeal from the Court of Appeals of Texas, Fourth District. The appeal is dismissed for want of a substantial federal question.

Orders in Pending Cases

No. . Robert Henderson, Petitioner v. Bank of New England. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Joseph M. Walls, Petitioner v. Delaware State Police, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. Justice Blackmun dissents and would grant the motion.

No. A-519. Ernest English, Applicant v. City of Atlantic City, et al. The application for injunction addressed to Justice Marshall and referred to the Court is denied.

No. D-837. In the Matter of Disbarment of Frank J. Marcone. Dis- barment order entered. No. D-852. In the Matter of Disbarment of Peter Gordon Voorhies. Peter Gordon Voorhies, of Portland, Oregon, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on January 16, 1990, is hereby discharged.

No. D-856. In the Matter of Disbarment of Barry Gerald Sands. It is ordered that Barry Gerald Sands, of Torrance, 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. 380 TUESDAY, FEBRUARY 20, 1990

No. D-857. In the Matter of Disbarment of Robert L. Kay. It is ordered that Robert L. Kay, of Bethesda, 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-858. In the Matter of Disbarment of John R. Louden. It is ordered that John R. Louden, of Dublin, 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-859. In the Matter of Disbarment of Kenneth J. Dawes, Jr. It is ordered that Kenneth J. Dawes, Jr., of Trenton, 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-860. In the Matter of Disbarment of David Charles Hipp. It is ordered that David Charles Hipp, of Bolivar, 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-861. In the Matter of Disbarment of Stuart A. Eisenberg. It is ordered that Stuart A. Eisenberg, 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-862. In the Matter of Disbarment of Melvin A. Heller. It is ordered that Melvin A. Heller, 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. 87-6700. John Henry Selvage, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. The motion of petitioner for leave to file a supplemental brief after argument is granted.

No. 88-1260. Citibank, N.A., Petitioner v. Wells Fargo Asia Lim- ited. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-5691. Frasiel L. Hughey, Petitioner v. United States. The motion of the Solicitor General to permit Amy L. Wax, Esq., to present oral argument pro hac vice is granted. TUESDAY. FEBRUARY 20. 1990 381

No. 89-260. Idaho, Petitioner v. Laura Lee Wright. 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 Rolf M. Kehne, Esquire, of Boise, Idaho, is appointed to serve as counsel for the respondent in this case.

No. 89-333. California, Petitioner v. Federal Energy Regulatory

Commission, et al. The motion of respondent Rock Creek Limited Part- nership for divided argument is denied.

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner r. Charles T. Foster. The motion of American Airlines, Inc., et al. for leave to file a brief as amici curiae is granted. No. 89-867. F. & H. R. Farman-Farmaian Consulting Engineers

Firm, et al., Petitioners v. Harza Engineering Company. The Solicitor

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

No. 89-989. City of Norfolk, Virginia, et al., Petitioners v. Herbert

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

No. 89-1221. Michigan, Petitioner v. Terrance Moore. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is denied.

No. 89-6213. Darnell Lucky, Petitioner v. Daniel Vasquez, Warden. The application for stay of execution of sentence of death presented to

Justice O'Connor and by her referred to the Court is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.

Certiorari Granted

No. 89-658. John L. Cheek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 89-1048. FMC Corporation, Petitioner v. Cynthia Ann Holliday. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. 382 TUESDAY. FEBRUARY 20. 1990

No. 89-5011. Larry Joe Powers, Petitioner v. Ohio. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, granted.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Administra- tion, et al. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

Certiorari Denied

No. 88-5826. Henry Hamilton, Jr., Petitioner v. United States;

No. 88-5827. Ethel Hamilton, Petitioner v. United States;

No. 88-5829. Geraldine Hamilton, Petitioner v. United States;

No. 88-5832. Charles Blake, Petitioner v. United States; and

No. 88-5834. Thomas Brown, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 88-7079. Amado Jesus Perez and Jose Rodriquez Cardenas, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7374. Daniel Robert Tinsley, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-483. Northwest Land and Investment, Inc., et al., Petition- ers v. New West Federal Savings and Loan Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-485. Victor Alexander, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-506. Virginia State Conference of the National Association for the Advancement of Colored People, et al., Petitioners v. Eddie Upchurch. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-525. Ahmade Rateb Popal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-607. Jane J. Smith, Executrix of the Estate of Michael J.

Smith, deceased, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. TUESDAY. FEBRUARY 20. 1990 383

No. 89-649. Franklyn Arango, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-675. AmBase Corporation, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-688. General American Transportation Corporation, et al.,

Petitioners 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. 89-696. Nevada, Petitioner v. Samuel K. Skinner, Secretary of

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

No. 89-697. Downriver Community Federal Credit Union, et al., Pe- titioners v. Penn Square Bank, through its Receiver, Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-699. Colorado Department of Revenue, Petitioner v. United

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

No. 89-711. Universal Fabricators, Inc., Petitioner v. Carl Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-715. William F. Owen, 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. 89-722. Bradley David Thomas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-728. First United Methodist Church of Hyattsville, Mary- land, Petitioner v. United States Gypsum Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-735. Michael E. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-739. Davis Enterprises, et al., Petitioners v. United States

Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 384 TUESDAY. FEBRUARY 20. 1990

No. 89-748. Securities Industry Association, Petitioner v. Robert L. Clarke, Comptroller of the Currency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-757. Joanne C. Newak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-759. Anna Kowaleski, etc., and James T. Lesho, Petitioners

v. Director, Office of Workers' Compensation Programs, etc., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-764. David G. Rawls, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-779. Martin Schwimmer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-785. Alamo Bank of Texas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-800. Noel Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-815. Sheree K. Chaline, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-841. J. L. Leef and Associated Radiologists, Inc., Petitioners

v. Iris Martin, Administratrix of the Estate of Milas Martin, deceased. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 89-843. American Cyanamid Company, et al., Petitioners v. James E. O'Neil, Attorney General of Rhode Island. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-846. Guillermo Suarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-848. Daniel H. Kelly, John C. Landers and Jeffery Alan Mc-

Cullough, Petitioners v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. TUESDAY. FEBRUARY 20, 199( 385

No. 89-851. National Football League, et al., Petitioners v. United States Football League, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-858. William P. Hapaniewski, et al., Petitioners v. City of

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

No. 89-859. Stephen Medvik, Petitioner v. Frank Ollendorff, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, East- ern District, denied.

No. 89-861. Tamao Morita, et al., Petitioners v. Application Art Lab- oratories Co., Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-862. Sybil Young, et vir, Petitioners v. Department of Justice and Chemical Bank, N.A. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-874. Illinois Central Gulf Railroad Company, Petitioner v. Phillip J. Russell. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-875. Robert E. Felker, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 89-887. Southern Ohio State Executive Offices of Church of God, et al., Petitioners v. Fairborn Church of God, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Greene County, denied.

No. 89-891. Roberto Campos, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-903. Vernon C. Davis, et ux., Petitioners v. Thomas Farasy,

President, Perpetual Real Estate Services, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-905. Muscogee County School District, et al., Petitioners v. Paige Mitten, by and through her father and next friend, Alan Mitten, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-906. J. H. H. and S. C. H., Petitioners v. Joseph J. O'Hara, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-908. Automobile Club of Michigan, aka AAA, et al., Petition- ers v. William J. Bullock. Petition for writ of certiorari to the Supreme Court of Michigan denied. 386 TUESDAY. FEBRUARY 20. 1990

No. 89-909. Suzan E. Taylor, dba Exploration Services, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-911. Consolidated Oil & Gas, Inc., Petitioner u Southern Union Company and Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. No. 89-912. Beth Babcock, by and through her guardian Erika Bab- cock and Angela Long, Petitioners v. Wanda Tyler and Mark Bronson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-913. Elwin Etheridge, Petitioner v. Charles S. Andrews, et ux. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

No. 89-916. Illinois, Petitioner v. Loren Dean Kerner. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 89-917. Miami Center Limited Partnership, et al., Petitioners v. Bank of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-919. Smith Machinery Company, Inc., Petitioner v. Hesston Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-920. Joel Estremera, Petitioner v. Richard L. Dugger, 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. 89-925. John S. Tovrea, Petitioner v. Railroad Retirement Board and National Railroad Adjustment Board. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-929. Ulysses Abbott, et al., Petitioners v. Gould, Inc. Peti- tion for writ of certiorari to the Supreme Court of Nebraska denied.

No. 89-932. John Arrington, et ux., Petitioners v. Jim Mattox, At- torney General of Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 89-934. Marie Woodard, et al, Petitioners v. City of Fort Worth, Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. TUESDAY, FEBRUARY 20, 1990 387

No. 89-937. Karen de Kleinman, Petitioner v. Residential Board of Managers of the Olympic Tower Condominium, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-938. Clement J. Pacyna, Petitioner v. Dorothy M. Pacyna. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-942. Lee Rooker, Petitioner v. Robert W. Rimer. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Divi- sion, denied. No. 89-943. Thomas J. Kline, Inc., Petitioners Lorillard, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-946. Charles Francis Lafitte, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-947. J. Joseph Curran, Jr., Attorney General of Maryland, et al. , Petitioners v. Alfred Muller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-949. American Home Insurance Group, et al., Petitioners v.

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

No. 89-950. United Transportation Union, Petitioner v. John H.

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

No. 89-951. Merrell Dow Pharmaceuticals, Inc. Petitioner v. Mary Virginia Oxendine. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 89-952. United States Steel Corporation Plan for Employee In- surance Benefits, et al., Petitioners v. Glenn Musisko, etc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-953. Marshall P. Safir, Petitioner v. Prudential Insurance

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

No. 89-956. Murland W. Searight, et ux., Petitioners v. Michael Cimino. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-957. Transportes del Norte, Petitioner v. Anita Clark, et al. Petition for writ of certiorari to the Supreme Court of Texas denied. 388 TUESDAY, FEBRUARY 20, 1990

No. 89-958. C. Elvin Feltner, Jr., et al., Petitioners v. Harry E. Fleischhauer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-959. Servando Najera Lopez, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-961. Edward LaMon, et ux., Petitioners v. City of Westport, et al. Petition for writ of certiorari to the Court of Appeals of Washing- ton, Division 2, denied.

No. 89-963. Ronald Rogers, Petitioner v. County of Humboldt, Cali- fornia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-965. Robert V. Rafter, Petitioner v. Liberty Lines Transit,

Inc., et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-966. William M. Biermann, Petitioner v. Sylvia Wren, Direc- tor, Internal Revenue Service Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-967. Girish J. Modi, Petitioner v. Chandra Modi. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-968. Gobel Lee Newsome, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-969. Curtis L. Wrenn, Petitioner v. James G. Ledbetter, Commissioner, Georgia Department of Human Resources, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-970. First Comics, Inc., Petitioner v. World Color Press, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-971. Russ Berrie & Co., Inc., Petitioner v. Georgia Lee Miller Roulo. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-972. Andrew Hunsberger, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. TUESDAY. FEBRUARY 20, 1990 389

No. 89-974. Petroleo Brasileiro, S.A., Petitioner v. Atwood Turnkey Drilling, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-975. Abid A. Al-Marayati, Petitioner v. University of Toledo, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-976. Emerson Sutton, Petitioner v. Department of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-978. Michael Von Ruecker, Petitioner v. Holiday Inns, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 89-979. Bausch & Lomb, Incorporated, Petitioner v. Hewlett- Packard Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-980. Charles R. Hefti, et ux., Petitioners v. United States, R. Michael Williamson and Brenda Kessell, Revenue Agents. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-981. Miriam Gelband, et al., etc., Petitioners v. Texaco, Inc., et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-982. Edward P. Sindak, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 89-983. Tony Lee Adair, et al, Petitioners v. Cheryl Clay, et al. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 89-984. Buckley Land Corporation, Petitioner v. Department of Natural Resources of Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-987. Standard Oil Company of California, et al, Petitioners v. City of Long Beach, et al.; and

No. 89-990. Exxon Corporation and Texaco, Inc., Petitioners v. City of Long Beach, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-988. Chevron Corporation, et al., Petitioners v. City of Long

Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 390 TUESDAY. FEBRUARY 20. 1990

No. 89-991. Eddie Thompson, Jr., Petitioner v. Wilfrid Schroder, Judge, Kenton District Court. Petition for writ of certiorari to the Circuit Court of Kentucky, Kenton County, denied.

No. 89-993. Gary Bryant, Petitioner v. Ford Motor Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-995. Greta Meyer, et al., Petitioners v. John Fowler, et ux. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-998. James A. Mitchell, Jr., Petitioner v. Associated Building Contractors of N. W. Ohio, Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1000. Marvin Kaplan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-1001. Swin Resource Systems, Inc., Petitioner v. Lycoming

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

No. 89-1003. Miners Advocacy Council, Inc., Petitioner v. Alaska

Department of Environmental Conservation, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-1004. Horace Melton Delaney, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 89-1005. Phil Caruso, etc., et al., Petitioners i> City of New

York, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-1006. George Mortorano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1007. John T. Oxley, Petitioner v. City of Tulsa, Oklahoma, etc. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 89-1009. Pedro Talamas, Petitioner v. United States;

No. 89-1152. John Cary, Petitioner v. United States; and

No. 89-6352. Hiram Lee Bauman, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY, FEBRUARY 20, 1990 391

No. 89-1011. Frederick Wayne Helton, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-1013. A. Reginald Eaves, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1014. C. Wallace McPherson, et ux., Petitioners v. A. L. Barnes. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1015. Richard G. Thomas, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Fourth Appellate District, Washington County, denied.

No. 89-1017. Flossie W. Nzongola, Petitioner v. Superior Court of Fulton County, Georgia. Petition for writ of certiorari to the Superior Court of Georgia, Fulton County, denied.

No. 89-1019. South Carolina Education Association, et al., Petition-

ers v. John T. Campbell, Secretary of State of South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1020. Andonis Morfesis, Petitioner v. Department of Housing Preservation and Development of the City of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-1021. Lois Morales, Petitioner v. Albert Burroughs, et al. Pe- tition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 89-1024. Clarence E. Sickelsmith, Petitioner v. Edward S. Toolis, Jr. Petition for writ of certiorari to the Court of Appeals of Ohio, Columbiana County, denied. No. 89-1025. Dennis England, Individually and dba Video America,

et al., Petitioners v. Richard Hendricks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1026. Indiana Coal Council, Inc., et al., Petitioners v. Indiana

Department of Natural Resources, et al. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 89-1029. State Board of Equalization and Assessment, Peti- tioner v. Northern Natural Gas Company, et al.; and State Board of

Equalization & Assessment. Petitioner v. Trailblazer Pipeline Co.; and State Board of Equalization & Assessment, Petitioner v. Natural Gas 392 TUESDAY. FEBRUARY 20. 1990

Pipeline Co. of America. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 89-1032. Rowland Lamar Allen, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1034. Lou C. Goldstein, Petitioner v. Delta Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1036. Hugh Deadwyler, et al., Petitioners v. Volkswagen of America, Inc. and Volkswagen AG. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1038. Luis Carbone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1039. Virginia Dalton, et vir, Petitioners v. State Farm Mu- tual Automobile Insurance Company. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-1042. Anny Newman, Petitioner v. Diana Burgin, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1045. Healthmaster, Inc., et al., Petitioners v. Chattahoo- chee Valley Home Health Care, Inc. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-1047. Major F. Boggerty, et ux., Petitioners v. Earnestine

Wilson, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 89-1050. Dade County and Dolphin Stadium Corporation, Peti- tioners v. Lake Lucerne Civic Association, Inc., et al.; and

No. 89-1062. Lake Lucerne Civic Association, Inc., et al., Petition- ers v. Dolphin Stadium Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1051. Lewis Powell, etc., et al.. Petitioners v. Western Illi- nois Electric Cooperative, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 89-1053. Frank J. Camoscio, Petitioner v. Board of Registration Podiatry. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. TUESDAY. FEBRUARY 20. 1990 393

No. 89-1054. Bituminous Casualty Corporation, Petitioner v. Cor- poration of the Presiding Bishop of Church of Jesus Christ of Latter- Day Saints, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-1055. Norfolk Shipbuilding & Drydock Corporation, Peti-

tioner v. Ronald W. Lathey. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 89-1057. J & N Video, Inc., Petitioner v. Kentucky. Petition for writ of certiorari to the Circuit Court of Kentucky, Campbell County, denied.

No. 89-1059. Roy Lee Payne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1061. Seventh-Day Adventist Congregational Church, et al..

Petitioners v. General Conference Corporation of Seventh-Day Advent- ists. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1065. Frank J. Camoscio, Petitioner v. Francis P. Murphy,

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

No. 89-1066. Alfonso Allocati, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1069. Milton M. Cleland, et ux., Petitioners v. Graybar Elec- tric Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1070. James Mitchell Terry, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-1071. George Lynch, Petitioner v. Belden and Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1072. Clifford W. Latshaw, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 89-1077. Al-Par, Inc., Petitioner v. Baird & Warner, Inc. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 89-1083. J. I. Hass Co., Inc., Petitioner v. Gilbane Building Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 394 TUESDAY. FEBRUARY 20. 199(

No. 89-1092. Michael Higgins, Petitioner v. Leo T. Maher, et al. Pe- tition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-1093. Brian E. Briggs, Petitioner v. Rolf Sletten, Executive

Director, North Dakota Board of Medical Examiners, et al. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 89-1095. Thomas Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-1099. Arizona, ex rel. Frederick S. Dean, City Attorney, Pe- titioner v. City Court of City of Tucson, et al. (Timothy Haring and Marvin Littles, real parties in interest). Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 89-1102. Michael Gatto, et al, Petitioners v. Meridian Medical

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

No. 89-1107. Philip Schwab, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1127. William C. Austin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1129. George Hertzke, et ux., Individually and as Parents of

Shawn Hertzke, a Minor, Petitioners v. John Reiley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1132. Grover C. Jones, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1133. Eugene Vislisel, Petitioner v. University of Iowa, et al. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-1147. Ronald Bibace, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-1151. Walter Leroy Moody, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-1157. Norma Lynch, Successor Personal Representative of the Estate of Dexter M. Evans, Jr., et al.. Petitioners v. Arthur Flem- ing, Guardian ad Litem for Dedrick Fleming. Petition for writ of certiorari to the Supreme Court of South Carolina denied. TUESDAY. FEBRUARY 20. 1990 395

No. 89-1163. Frank A. Vesey, Petitioner v. Macy's Herald Square. Petition for writ of certiorari to the Civil Court of City of New York denied.

No. 89-1168. J. B. Kiefer, Executor, Estate of Nathan Bograd, De-

ceased, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1178. Filippo Casamento, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1195. St. Joseph Hospital, Petitioner v. The Celotex Corpora- tion and United States Gypsum Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-5712. Valeriano Brito-Mejia, Petitioner v. United States; and

No. 89-5734. Gumersindo Eduardo Carrasco, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5742. Bernard Jerry El, Petitioner v. Charles H. Zimmer- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5767. Henry C. Harmon, Jr., Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 89-5792. Ralph Tutino, aka "The General", Petitioner v. United States; and

No. 89-5878. Leoluca Guarino, aka "Leo", Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5853. Paul Franklin Lamb, Petitioner v. Dewey Sowders,

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

No. 89-5877. 0. Bobby Brown, Petitioner v. Laborers' International

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

No. 89-5909. Jay D. Dotts, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 396 TUESDAY. FEBRUARY 20. 1990

No. 89-5937. Keith Dwayne Gilbert, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5947. Doyle Williams, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-5948. Robert Spaulding, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5949. Mang Sun Wong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-5952. Thomas A. Lauback, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5959. Ralph Franklin Williamson, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-5963. Jose Panzardi-Alvarez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-5971. Billy Eugene Gossett, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6011. Howard O'Brien Tharpe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6013. Nicky David Parker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6017. John Reneer, Petitioner v. William C. Seabold, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6024. Darrell Wayne McAfee, Petitioner v. Fifth Circuit

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

No. 89-6028. Mark B. DeBusk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. TUESDAY. FEBRUARY 20. 199U 397

No. 89-6030. Ricky Lynn Creekmore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6035. Lydia Garcia Hochberg, Petitioner v. United States of America. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6053. Steven R. Horton, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 89-6054. Arnulfo Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6056. Rone J. Henson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6070. Donald Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6073. David Brady, Petitioner v. Joseph Ponte. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6076. Abdul Ghafoor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6080. Douglas G. Hoflin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6085. Douglas Loren Marsh, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6099. Anthony Tortorich, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

T No. 89-6104. Raymond Murray W alden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6105. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 398 TUESDAY. FEBRUARY 20. 1990

No. 89-6114. David Fontanez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6119. Felino Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6137. Larry Ruscoe, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-6139. Lloyd Powell v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6152. Jake Eugene Chavez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6154. John Terrence Big Eagle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6158. Scott L. Tinsley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6160. Kenneth H. Nash, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6169. Robert S. Ballard, Petitioner v. Volunteers of America,

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

No. 89-6185. Prince Ignatius, Petitioner v. Immigration and Natu- ralization Service; and In Re Prince Ignatius, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6187. Walter Eugene Spinks, Petitioner v. Gary T. Dixon,

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

No. 89-6198. George Garza, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6200. Richard Chapel, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. TUESDAY. FEBRUARY 20. 1990 399

No. 89-6206. Roy C. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6207. Carl Eierle, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 89-6208. Carl Eierle, Petitioner v. Chester Lambdin, Superin- tendent, Glades Correctional Institute, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6211. Muharem Kurbegovich, Petitioner v. Daniel Vasquez. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6212. Ralph M. Lepiscopo, Petitioner v. Mark Hopwood, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6216. Richard L. Northcott, Petitioner v. Aileene Love, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-6218. Ricky Alvin Sanders, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 89-6221. Ed Randolph, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6222. Sophia J. Gibbons, nka Sophia J. Raczkowski, Peti- tioner v. L. W. Blake Memorial Hospital, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 89-6227. Kwasi Seitu, Donnie Moore and Roy Sutherland, Peti- tioners v. United States District Court for the Northern District of Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6231. Danny Ray Green, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 89-6232. Kathleen Cogis Howell, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court of California, Los Angeles County denied. 400 TUESDAY. FEBRUARY 20. 1990

No. 89-6240. Carol A. McGhee, Petitioner v. City of Los Angeles De- partment of Water and Power, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6246. Johnnie Tasby, aka Akill S. Amen-Ra, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, In- stitutional Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6247. Steve Wool, Petitioner v. Beatriz D. Fefel, et al. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-6248. Travis Kenneth Bynum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6251. James E. Gibson, Petitioner v. Edward L. Cohn, Su- perintendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6255. Michael Poling and Darrel A. Braun, Petitioners v.

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

No. 89-6256. Eddie Abner, Jr., Petitioner v. Escambia County

School District, Pensacola Florida and Eddie Abner, Jr. , Petitioner v. Escambia County School District, Pensacola, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6258. Allan S. Ewing, Petitioner v. Willie Davis, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6259. Billy Earl Clayton, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6261. Larry Lawson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-6262. Gwendolyn P. Mitchell, Petitioner v. Towson State University. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6265. Vernon T. Williamson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. TUESDAY. FEBRUARY 20. 1990 401

No. 89-6267. Ronald Chandler, Petitioner v. Dick Moore, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6268. Anthony J. Bucci, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6270. Richard B. Calpin, Petitioner v. Ronald Eister. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6272. Kennon Laird, Petitioner v. Larry Lack, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6273. Cynthia Ann Goff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-6275. Arthur D'Amario, III, Petitioners City of Providence, et al. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 89-6276. Valerie Appleby, Petitioner v. William Young, Com- missioner, Social and Rehabilitation Services of Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 89-6277. Valerie Appleby, Petitioner v. William Young, Com- missioner, Social and Rehabilitation Services of Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 89-6278. John Robert Demos, Jr., Petitioner v. United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6280. David Stidum, Petitioner v. Myrna Trickey, Superin- tendent, Missouri Eastern Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6281. James P. McNeill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6283. Carl Edward Kenrow, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6286. Mutulu Shakur, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 402 TUESDAY. FEBRUARY 20, 1990

No. 89-6288. Dale Edwin Randall and Dennis Earl Randall, Petition- ers v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-6291. Joseph F. Salerno, Petitioner v. Terry E. Branstad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6294. William E. Kinnear, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6295. Rose Meckley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6297. Rafael Homero Carrales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6299. Clifford Brown, Petitioner v. Masonry Products, Inc., Bob Hollingsworth and Allen Hollingsworth. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6301. Calvin Booth, Petitioner v. K mart Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6304. Luis Alfonso Quintana, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6306. Fred A. Whitaker, Petitioner v. New Tread, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6307. Corrine S. Growney, Petitioner v. Karen A. Meyers, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-6309. Michael Henry Ferdik, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 89-6310. Pamela Mejia Armenta Iglesias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6314. David Pickett, Petitioner v. Barry Gaither, Superin- tendent, Coastal Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. TUESDAY. FEBRUARY 20. 199< 403

No. 89-6315. Stephen Becker, Petitioner v. Illinois Real Estate Ad- ministration and Disciplinary Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6318. T. J. Haves, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6319. Eugenio Angulo Farrufia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6320. Frank X. LoSacco, Petitioner v. United States Fidelity and Guaranty Company. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 89-6323. Robert S. Turner, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6325. Luther Wayne White, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6326. Lyne K. Kilcrease, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6328. Bonnie J. Huffman, Petitioner v. Youngstown State University. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6329. John William Brown, Petitioner v. Gerard T. Frey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6334. Robert L. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6335. Arthur D'Amario, Petitioner v. Providence Civic Cen- ter Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6336. Herman Hope, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-6337. Floyd Vance Conner, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 404 TUESDAY, FEBRUARY 20. 1990

No. 89-6339. Juan Hector Gutierrez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6340. Arthur D'Amario, Petitioner v. Rhode Island. Petition for writ of certiorari to the Superior Court for Providence and Bristol Counties, Rhode Island, denied.

No. 89-6341. Rick Blake, Petitioner v. Arthur Leonardo, Superin- tendent, Great Meadow Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6343. Nathaniel Sims, Petitioner v. James Sullivan, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6344. Henk Visser, Petitoner v. California. Petition for writ of certiorari to the Superior Court of California, Appellate Department, denied. No. 89-6346. Abdullah Ramadan Shabazz, aka Jimmie Phillips, Peti- tioner v. Oklahoma. Petition for writ .of certiorari to the Court of Crimi- nal Appeals of Oklahoma denied.

No. 89-6348. Bobby Charles Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6349. Darrell N. Williamson, Petitioner v. A. G. Edwards and Sons, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6350. Everett Robert Jones, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6353. Lin E. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6354. James Redding, Petitioner v. Minnesota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6355. Steven Sauvey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6356. John J. Solon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY. FEBRUARY 20. 1990 405

No. 89-6358. John Robert Demos, Jr., Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-6361. Thomas Spychala, Petitioner v. Joseph Campoy. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6365. John Calvin Guiles, Petitioner v. Mahlon Nowland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6366. James Michael Weber, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6368. James Hunter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6369. Michael John Warren, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-6372. Jean Anderson, Petitioner v. Richard Green, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6374. Silverio Juan Llera, Petitoiner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6379. Alma B. Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6380. Rabb Ra Chaka, Petitioner v. Paul Klincar, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6381. Richard Albert Curry, Jr., Petitioner v. Michigan. Pe- tition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-6382. Julio Cabrera Alvarez, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6384. Anthony Scire, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 406 TUESDAY. FEBRUARY 20, 1990

No. 89-6387. William Heredia, Petitioner v. Thomas J. Stickrath, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6388. James M. Harris, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6389. Frederick Sweeting, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6399. Robert John Tanner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6400. Jacqueline Y. Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6403. Jerome Glen Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6406. Eucaris Ceballos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6407. Juan Manuel Torres, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6410. Elkin Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6412. Julio Garcia-Molina, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6413. Roberto Arias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-6422. Gerald Vaughn Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6423. Gloria Jean Pires, Petitioner v. Louis W. Sullivan, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. TUESDAY. FEBRUARY 20. 199( 407

No. 89-6442. Charles R. Davis, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6443. Henry Calloway, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6445. Alfred Saunders, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-6448. Michael Patrick Quigley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6453. Clovis Lionel Prince, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6460. David F. Brewer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6465. Harold Davey Cassell, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6473. Reynaldo Gonzales, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6474. Robert Kelly Bishop, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6475. Carlos Alfonso Perlaza-Mosquera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6478. Diana Hernandez Casto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6480. Rogelio Salinas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6481. John Collier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 408 TUESDAY. FEBRUARY 20. 1990

No. 89-6483. Wallace Davis, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6485. Alfredo Dequiero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6487. Robert Pressley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6490. Dwayne Gordon, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6497. Martin L. Bloch, et al., Petitioners v. Pilgrim Psychi- atric Center. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-6524. James R. Schultz, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 89-324. P*I*E Nationwide, Inc., Petitoner v. Bobby Wayne Perry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice O'Con- nor would grant certiorari.

No. 89-939. HealthAmerica and Pamela Merle, Petitioners v. Ed- ward Menton. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice White and Justice O'Connor would grant certiorari.

No. 89-701. Tuolumne Park and Recreation District, et al., Petition- ers v. Interstate Commerce Commission, et al. The motion of National

Trust for Historic Preservation in the United States, 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 Ninth Circuit denied.

No. 89-775. Gaston County Board of Education, et al., Petitioners v. Karen Leigh Shook, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 89-889. Yale Lubman, et al, Petitioners v. Mayor and City Council of Baltimore City. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Justice White would grant certiorari.

No. 89-1033. Esto, Inc., et al, Petitioners v. C. E. Callahan, dba C. E. Callahan Co. Petition for writ of certiorari to the United States TUESDAY. FEBRUARY 20. 1990 409

Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 89-5688. Winston Machor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White would grant certiorari.

No. 89-5901. Paul W. Farrell, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White would grant certiorari. No. 89-798. A. L. Lockhart, Director, Arkansas Department of Cor- rection, Petitioner v. T. J. Hayes. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1113. New Jersey, Petitioner v. Leroy Howard. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 89-1115. Dewey Sowders, Warden, Petitioner v. Major Crane. 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. 89-828. L. Robert Frame, Sr. et al., Petitioners 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. 89-869. Henry Holt and Company, Inc., Petitioner v. New Era Publications International, ApS. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. The Chief Justice took no part in the consideration or decision of this petition.

No. 89-901. W. R. Grace & Co. - Conn., Petitioner v. Department of Revenue of Montana, et al. The motion of Committee on State Taxation of the Council of State Chambers of Commerce, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-910. Alice Chathas and Byron Ellis, Petitioners v. Norbert Smith, individually and as Chief of Police, Village of Evergreen Park, et al. The motion of Chicago Lawyers' Committee for Civil Rights

Under Law, Inc. for leave to file a brief as amicus curiae is granted. 410 TUESDAY. FEBRUARY 20, 1990

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

No. 89-941. Westchester Radiological Associates, P. C, et al., Peti- tioners v. Empire Blue Cross and Blue Shield. The motion of American

College of Radiology, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1035. CSX Transportation, Inc., Petitioner v. William L.

Caldwell. The motion of Norfolk Southern Corporation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-1064. David Neil, Petitioner v. Andrew Espinoza, et al. The motion of respondent Andrew Espinoza for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 88-5811. Donald Hardcastle, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 88-6272. Willie James Wilson, Petitioner v. Walter Zant, Deputy Commissioner, Georgia Department of Corrections. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7299. Mark Anthony Pruitt, 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. 89-5223. Larry Mack, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6166. Wayne Tompkins, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6192. Robert Anthony Murray, Petitioner v. Missouri. Peti- tion for writ of certiorari to the Supreme Court of Missouri denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-6427. Timothy Wilson Spencer, 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. TUESDAY, FEBRUARY 20. 1990 411

No. 89-6435. Timothy Wilson Spencer, 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. Mandamus Denied

No. 89-6210. In Re Murphy Miles, Petitioner; No. 89-6236. In Re Anthony Maxwell, Petitioner; No. 89-6250. In Re Donald F. Hicks, Petitioner; and No. 89-6308. In Re John C. Lynch, Petitioner. The petitions for writs of mandamus are denied. No. 89-6027. In Re Debro Seddig Abdul-Akbar; and No. 89-6321. In Re William E. Kleinschmidt, Petitioner. The petitions for writs of mandamus and/or prohibition are denied. Rehearings Denied

No. 88-1474. United States, Petitioner v. Goodyear Tire and Rubber Company and Affiliates;

No. 88-7543. Arthur E. Johnson, Petitioner v. Texas;

No. 89-613. Lawrence Lee Engel, Petitioner v. Clark County, Nevada;

No. 89-5280. Ronnie Lee Alston, Petitioner v. L. E. Dubois, et al.;

No. 89-5802. Glenn Holladay, Petitioner v. Alabama;

No. 89-5825. James H. Quarles, Petitioner v. Champion Interna- tional Corporation;

No. 89-5854. Paul Fazzini, Petitioner v. United States;

No. 89-5865. Thomas Spychala, Petitioner v. Robert Glenn Borg, Warden;

No. 89-5899. Robert L. Jarrett, Jr., Petitioner v. Minute Man, Inc., et al.;

No. 89-5941. Jeffrey A. Weakley, Petitioner v. Indiana; No. 89-5943. In Re William Manchester, Petitioner;

No. 89-5946. Sheldon Jackson, Petitioner v. Martin Horowitz;

No. 89-5966. John Hartog, Petitioner v. Iowa;

No. 89-5968. Steve Lawse, Petitioner v. Robert J. Corry, et al.;

No. 89-6009. Larry Bruce Rubin, Petitioner v. Thresholds, Incorpo- rated, et al.;

No. 89-6020. Edward Lawrence, Petitioner v. Texas Employment Commission; 412 TUESDAY. FEBRUARY 20. 1990

No. 89-6066. Henk Visser, Petitioner v. United States District Court for the Central District of California (Wells Fargo Bank, Real Party in Interest);

No. 89-6103. Barbara F. Green, Petitioner v. Massachusetts;

No. 89-6112. Morris May, Petitioner v. Pro-Guard, Inc.; and

No. 89-6132. James E. Branner, Petitioner v. Frederick County Jail, et al. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Ronald G. Acho Livonia, MI Gail Patricia Massad Peter M. Ackerberg Minneapolis, MN Richard S. Slowes John D. Albert Salem, OR James Nicholson Westwood Nancy B. Alisberg Hartford, CT Martha Stone James Torreyson Allison Memphis, TN April Rose Wyss Ferguson Cynthia L. Amara Boston, MA John Francis Shea Jr. Joseph Angland New York, NY Leonard Joseph Andrew V. Arczynski Brea, CA Bernard Samuel Kamine David John Aronstam New York, NY S. David Harrison Jeffrey B. Axelrod Newton, MA John Francis Shea Jr. Burrel Barash Galesburg, IL Barry Michael Barash Philip Greene Bardsley Seattle, WA Mark Stephen Beaufait Dunna Marguerite Barnes Tupelo, MS Lucius Featherston Sams Jr. Alison Patrucco Barnes Philadelphia. PA Natalie J. Kaplan Michael Darr Barnes Washington, DC Arnold Hans T W eiss Beverly Klundt Baudouin New Orleans, LA Monica Tufano Surprenant Mark E. Bennett Dallas, TX Larry Kent Hercules Mark Ellis Biddison Boulder, CO Jeffrey John Gale 1

TUESDAY. FEBRUARY 20. 1990 413

Applicant City and State Movant

Peter David Blanck Washington, DC Mark H. Lynch Robert Edward Lee Blau Cold Spring, K Frank Vermilya Benton 111 jDambi Lr. JDlum Miami, r L< Sam Daniels Linda Rosa Bocchi Washington, DC Lee H. Simowitz Joseph Lewis Bonnett Silver Spring, MD Harry Bonnett Marcy Gail Bowen Shreveport, LA Joseph L. Hargrove Jr.

T~v • T71 T» T T T"> * T\ /r • 1 j Diane Frances Boyer-Vme Sacramento, CA Bion Milton Gregory Elizabeth Franco Bradley San Diego, CA Charles Anthony Viviano

TT TT 1 George Wesley Branstiter Lexington, SC Harmon Hugh Rogers T711„,^„ TXT Caroline Burchett Briggs r lora, IN leresa Diane HarperTT David A. orill Louisville, KY r red M. (jrolaberg

0„ 1 I ATT T") _„ 1 J T U Douglas Keith Browell Columbus, OH Ronald Joseph 0f\ 1 BrienT) • „

/ All' T~* i Steve Allan Bryant Houston, TX Edward Joseph Mahar TT Patrick Grady Burns Lnicago,nr.; 1L A. Sidney Katz Steven D. Cahn Camp Lejuene, Guy Lee Womack

Frank P. Campisano Jr. Louisville, Ki Michael Lee Boylan

7\ IX C*l _ Harold Dwane Caplener ban Jose, CA rnillipT) I'll'-, M. bims^ Robert Alvar Carter Madison, ISJ Annamay T. Sheppard Barbara A. Caumeld San Francisco, CA TTWiham7"1 * E.T^ Trautman

David Laird Charles ues ivioines, ia Brent B. Green John C. Cherundolo Syracuse, NY Douglas G. Roberts Robert H. Citronberg Atlanta, GA Thomas McKee West Ann Campbell Coco Baton Rouge, LA Patricia Ann Dunn 414 TUESDAY. FEBRUARY 20. 1990

Applicant City and State Movant

Jeffrey B. Cohen Washington, DC Carol Connor Flowe Randall C. Coleman III New Orleans, LA Norman C. Sullivan Jr. David Benjamin Comroe Philadelphia, PA JudgeAlexander A. Bonavitacola Sharon Lynn Cook San Antonio, TX Richard Tinsman Kenneth L. Covell Fairbanks, AK Dick L. Madson J. R. Crockett Jr. Las Vegas, NV James Vincent Lavelle III Bethany Kelly Culp St. Paul, MN Bradley Grayson Clary Robert T. Cunningham Jr. Mobile, AL James A. Yance James Kurt Cutright Chillicothe, OH Nicholas H. Holmes Jr. Ruth Davey Albuquerque, NM Lowell D. Harris Karen Lewis Davidson Providence, RI Theresa L. Sorota Steven Dean Davis Los Angeles, CA Donald Alan Garrard Elizabeth Diane DePriest Potomac, MD Carolyn Miller Parr Greggory Michael Deitsch Birmingham, AL William McCollum Halcomb Vincent Michael Del New York, NY Francis J. Carroll Giudice Ronald Renato Del Vento Austin, TX Harriet Dee Burke Jame^ R Deutsch Jefferson Citv William L. MO Webster Patrick C. Diamond St. Paul, MN Bradley Grayson Clary Daniel Lee Dickerson Florence, KY Edward Garfield Drennen II Steven M. Dickson Topeka, KS George Elwood McCullough John C. Dill Washington, DC George Kaufmann Michael Beatty Donald Shreveport, LA Joseph L. Hargrove Jr. TUESDAY. FEBRUARY 20. 1990 415

Applicant City and State Movant

T~vl -l 111' T» A Gordon Robert Downing Philadelphia, PA Jerome B. Libin Jeffrey N. Drummond New York, NY John Richard U rlanlon - T ' J ] f ^ 1 Robert G. Dyer ban Diego, CA Edward Carl w anon Thomas A. Ehlinger Minneapolis, MN Anne Elizabeth

i ft? IS.

George M. Elsener oUlCdgO, LLi r ninp Jtl. UOrDOjv Mary A. Estelle Los Angeles, CA Harold Greenberg

tit l • t-\ /~t T T~» John Nowell Estes III Washington, DC Lynn Rogers Coleman Ann C. Farhat Washington, DC Leo A. r arhat Elizabeth S. Feamster Lexington, KY Robert Santen Ryan Carol R. Finocchio Brooklyn, NY John Rchard Dunne Lawrence Edward Flatley Pittsburgh, PA James H. McConomy Mary Kay Frank Omaha, NE Joseph Kenneth Meusey

Til— * 1 _ J _ 1 1 * _ TP) A Alvin Freiberg Philadelphia, PA JudgeAlexander A. Bonavitacola Mary Melissa French ijaiLimore, iviu Margaret Brooke

lYTn1Y1L4.IvHnpkUUv-I\

("'hipa crn T Julie Lynn Friedman V_^llH_dgU, ll^i l»XH_ildClMiphapl JJR . INNashdoll Rnannlfp VA Frank K. Friedman 1 V, Udl lUiYC , V A William R Pnff

T Russell J. Gallian OL.St VjrcUIgt:,Gpovp-p TO TJ. Alan Rnvaplc Unnctnn Karl Van Gardner riousion, TVia £j \ an E>. LrllCh Sharon Brand Gardner Houston, 1a Evan b. Click

Oi. T • TV /r /~\ Michael A. Gerritzen St. Louis, MO Ray A. Gerritzen Gregory J. Getz New York, NY Sol Wachtler Susan Getzendanner Chicago, IL Timothy Alan Nelsen Michael Gilfix Palo Alto, CA Robert K. Huffman Myra R. Gilfix Palo Alto, CA Robert K. Huffman 416 TUESDAY. FEBRUARY 20. 1990

Applicant City and State Movant

Ira Allan Ginsburg Morristown, NJ Alfred Israel Bernstein Anthony Lawrence Giuliani Baltimore, MD Richard Jay Hackerman David L. Gore Chicago, IL Carl B. Frankel Richard Burdette Gould Mission Viejo, CA Alison Parker Mellor Eric S. Gray Oklahoma City, Tom R. Cornish OK Stephen Guarneri New York, NY James J. Tini Brook A. Haberman Keene, NH Monroe H. Freedman Ernest C. Hadley Wareham, MA Peter B. Broida Jo-Anne Orent Halpern Hollidaysburg, Arthur Stephen PA Cohen Rick Halprin Chicago, IL Mitchell H. Caplan William Warren Hamel Baltimore, MD Benjamin Richard Civiletti Allain Freret Hardin New Orleans, LA A. Remy Fransen Jr. Clifford Morrison Washington, DC Ben C. Fisher Harrington

James J. Harrington III Novi, MI William H. Crispin Daniel Kevin Healy New York, NY Robert M. Morgenthau John Samuel Hill Tupelo, MS Lucius Featherston Sams Jr. Florence Virginia Hoffman Sacramento, CA Madeline McDowell John Ira Horton Sacramento, CA Bion Milton Gregory Joel Walter Howell III Jackson, MS Patrick Hugh Scanlon

Jack Duval Hunter II Edinburg, TX Fidencio M. Guerra Jr. TUESDAY. FEBRUARY 20. 1990 417

Applicant City and State Movant

Roland T. Huson III Baton Rouge, LA Robert Howard Klonoff Kearney Dee Hutsler III Birmingham, AL William Joseph Baxley David Beckham Irwin Baltimore, MD Fred arren Bennett Allen L. Jackson Newport News, Verbena M. VA Askew Gail Jacobs Great Neck, NY Lea Jacobs Kuvinka Thomas L. Johnson Minneapolis, MN Lee Willis Barry III William R. Johnson Omaha, NE Thomas R. Burke Thomas G. Johnson Indiana, PA Henry Heiser Wallace IV Gregory T. Jones Little Rock, AR Garnett Thomas Eisele Kevin Edward Joyce Toledo, OH William Michael Connelly Lawrence. Keefe Tampa, FL Benjamin H. Hill III Carolyn Ingalls Keeley Carmel, CA James G. Heisinger Jr. James P. Kelaher Orlando, FL Glen David Wieland Regina Stango Kelbon Philadelphia, PA Leon S. Forman Alan L. Kildow Minneapolis, MN Robert J. Hennessey Sidney S. Kine Philadelphia, PA Samuel C. Stretton Kathleen Suzanne King San Francisco, CA John Francis Henning Jr. Steven E. King Sacramento, CA James Joseph Lynch Jr. David Livingston Knowles Pasadena, CA Victor Lloyd Walch David Harold Kornblum Los Angeles, CA James Dennis Vogt 418 TUESDAY. FEBRUARY 20. 1990

Applicant City and State Movant

T Alan Robert Kretzer Youngstown, OH Dennis W endell Haines Brian E. Kriger New York, NY Harvey Alan Strickon Kevin J. LaVie New Orleans, LA John A. Bolles Charlene LaVoie Ridgefield, CT Monroe Silverman Edward Michael Laine St. Paul, MN Bradley Grayson Clary Charles M. Lako Jr. Atlanta, GA M. T. Simmons Rebecca M. Landes Philadelphia, PA JudgeAlexander A. Bonavitacola Joanne Landfair Phoenix, AZ George WT ayne Stewart Wesley M. Lang Salt Lake City, Ray R. UT Christensen Cecilia D. Lannon San Rafael, CA Richard Sherman Steven G. Legum Mineola, NY Henry Kravchick George Dean Lenard Joliet, IL Edward Adam Burmila Jr. Jack D. Levin Des Moines, IA Celeste F. Bremer Richard Barry Levin New Orleans, LA Judge Louis A. DiRosa Stephen Everett Linekin Houston, TX Marc David Isenberg Guy Stanford Lipe Houston, TX John Harrell Feldt

Michael I. Littman San Diego, CA Michael N. Pancer Ronald E. Lund Minneapolis, MN Kenneth Steven Geller Janet Steckel Lundberg Boston, MA Richard M. Bluestein Douglas A. Lutgen San Francisco, CA Jaes P. Molinelli Brian Edward Maas New York, NY Gerald Alan Novack William Maker Jr. New Rochelle, Arthur L. Penzel NY David Ben Mandelbaum Overland Park, Robert Popper KS Donna Simonek Mangold Washington, DC Dale A. Cooter TUESDAY. FEBRUARY 20. 1990 419

Applicant City and State Movant

J. Bradford March Fort Collins, CO Arthur E. March Jr. James L. Markman Brea, CA Bernard Samuel Kamine Robert Richard Mason Austin, TX Rodney Dale Parrott Patrick Joseph McCarroll Detroit, MI Theodore L. Garrett Thomas English McCutchen Columbia, SC Thomas English III Mcuutcnen Jr. R. Bruce McGinnis Helena, MT Paul J. Van Tricht

Gregor I. McGregor Wellesley, MA John Francis Shea Jr. Terrence McQuade Atlanta, GA Robert S. Jones

Tl IT ' 1 ' TV IT XT Robert James McReavy Minneapolis, MN Tern A. boutnwick James R. Milkey Boston, MA James M. Shannon Dwight A. Miller St. Louis, MO Andrew 0. Miller Jr. Randy Lamar Miller Raleigh, NC Richard N. League Angil Patricia Morris lurlock, CA Max Edward Robinson James D. Nelson Seattle, W7 A Paul Dunlap Carey Julius Carnes Nicholson Jr. Anderson, SC Steven M. Krause Mary Margaret Nimz Indianapolis, IN Thomas Joseph Marzen James J. Nixon New Haven, CT Penny Quinn Seaman Douglas Edward Washington, DC Lynn Rogers Nordlinger Coleman Howard Wayne Norman Jr. Bel Air, MD William Davis Hooper Jr. J. Michael Noyes Frankfort, KY John S. Palmore Jr. William R. O'Brien^ Washington, DC James Franklin Davis 420 TUESDAY. FEBRUARY 20. 1990

Applicant City and State Movant

Patrick T. O'Connor Savannah, GA James Benjamin Blackburn Thomas John O'Flaherty Cedar Rapids, IA Harry Raymond Terpstra II Thomas O'Neill Philadelphia, PA Harry A. Short Jr. Daniel Martin Ornelas San Diego, CA Thomas John Whelan Sean T. Osborn Los Angeles, CA Joseph H. Cummins Collins Leonard Owens Jr. Newport News, Verbena M. VA Askew Richard William Paquette Houston, TX Charles Joseph Escher Michael Travis Payne Raleigh, NC Gregory Coleman Malhoit Jorge E. Perez San Juan, PR Reina Colon de Rodriguez Paul S. Petterson Portland, OR Steven T. Wax Daniel Pollack Columbus, OH Rita Sue Epplr Gregory W. Pollack San Diego, CA Charles W. Rees Jr. Keenan Powell Anchorage, AK Phillip Paul Weidner David Burford Puryear Jr. Greensboro, NC Abraham Frank Johns Jr. Thomas F. Quinn Newark, NJ Joseph A. Gallo William Edward Quirk Kansas City, MO R. Lawrence Ward Glenna M. Ramer Chattanooga, TN Jerry Sanford Sloan David Randell Austin, TX William Duke Kimbrough Howard Ratner Seattle, WA Joan E. Hansen Guy Lester Reece II Columbus, OH Ronald Joseph O'Brien Kevin A. Rieth New Orleans, LA C. James Gelpi John P. Roberts Oklahoma City, Tom R. Cornish OK ..

TUESDAY. FEBRUARY 20. 1990 421

Applicant City and State Movant

JJavici Mai snail Kocnim W ashington, DC Ramona Powell Paul William Rosenbaum ban Antonio, 1A George A. Rigely

T 1 IT T"> 1 . John K. Rosenberg lopeka, Kb Martin J Bregman

Tl IT ' 1 1 T~> A „1 J T T> i- 1_ Michael E. Rosman Hoboken, NJ Arnold I. Roth Peter Stephen Russ Miami, r L Alexander J. Russ

T 1 T"> John C. Ryan Carbondale, IL Paul Gerald bcnoen Michael F. Saunders Kansas City, M(J Mark Andrew 1 nornmll Madeleine Schachter New York, NY Douglas P. Jacobs Donald R. Schmidt Tampa, FL Robert Louis Ciotti Robert Carl Schneider Los Angeles, CA William Irigg Harter Eric A. Schneider Los Angeles, CA LarryT „ T71E. Robinson ^I/«r,r,n,T, TXT raul David bcnoenle Warsaw, IN Donald (J. Beers T> „L T Larry Michael Schumaker Kansas City, MU Kobert J Janowitz r Diane Elizabeth belker Y orketown Richard Edmond

neignts, in w eni Brian James Serr Waco, 1A David Guinn raul L. bhanor 11 Atlanta, CjA Charles A. bhanor Denice Renae Shepherd lucson, AZ Walter B. Nash TTT 111 Stuart Ira Silverman Wasnington, JJC James C. Cacheris

T» 1 TT T"> C'l x j_ TT * 11 1 T"» 1 TT T TT 1 Raymond H. R. Silvertrust Highland Park, IL James Howard Reddy

1 TTT1 • ,, I Randall Norman Skanchy Salt Lake City, Randon Whittle UTT Trr> Wilson Joseph Francis Sklarosky Wilkes-Barre, PA Basil Gregory Russin Clifford M. Sloan Washington, DC Solicitor GeneralKenneth Winston Starr Mark Lee Smith Pensacola, FL Alan Bart Bookman 422 TUESDAY. FEBRUARY 20. 1990

[\T n\*5i n t Citv Bnd Stntc 1UU \ Cll I L

Jessie L. Smith Harrisburg, PA Lewis Bernstein John Edward Spalding Houston, TX Andrew S. Hanen Myra Podvoll Spicker Indianapolis, IN Linley E. Parson Diane M. Stahle Des Moines, IA C. Carleton Frederici Walter Z. Steinman Philadelphia, PA Leslie Beth Baskin Elizabeth G. Stouder Falmouth, ME Robert J. Piampiano Edward T. Suffern Jr. New Orleans, LA Monica Tufano Surprenant George Granville Tankard Baltimore, MD John Paul Mullen III Lindsey H. Taylor Roseland, NJ Eugene Gressman Charles L. Thomason Shrewsbury, NJ Bernard T. Moynahan Jr. Anthony J. Van Patten Los Angeles, CA Richard E. Michael Brakefiel Lloyd John Vasquez Jr. St. Louis, MO Bernard W. Weitzman Alfred Huascar Velarde Washington, DC Philip M. Tatarowicz Rebecca Fern Mims Washington, DC Philip M. Velarde Tatarowicz Timothy N. Vujnich St. Louis, MO Richard E. Schwartz Donald K. Wahlberg Yuba City, CA Al J. Carrion Robert Alan Warwick Richmond, VA John Barry Donohue Jr. Gene A. Weisberg Los Angeles, CA Joseph H. Cummins Alisa Michelle Weisman Claremont, CA Dennis Allan Fischer Charles E. Weller Reno, NV Richard C. Minor Timothy M. Wendt Warsaw, IN Donald 0. Beers George John Francis Clearwater, FL William J. Doll Werner Roger C. Wesley Washington, DC Charles Cervantes .

TUESDAY. FEBRUARY 20. 1990 423

Applicant City and State Movant

Richard D. Wetzel Jr. L/OlumDUS, Un Charles Ernest Brown Larry K. wnite bait L/aKe uity, Oscar W. TTTU 1 McuonKie

unaries vj. wmie iviiami, r 1j ivieyer ivi. .Brilliant Harold ivntcneii wnite Jr. unapei xini, jnu Jean A. Benoy David Surface wasningxon, William P. Rogers Whitescarver jonn o. wniiman rT^ooL-oeaKS lsiana,Tolonrl lvirjTVTTT xvooerx j Piampiano wniiam xvari w liDurn wasningxon, ijewis j an oaKer Elaine Williams Daytona Beach, Fleming Lee

Sonya Diane Winner Washington, DC Theodore L. Garrett

TT11n.Vi T "\A7>»irrVif Q nv,4- 0 Ann xiugn Li. wrigni oania /ina, PA Alison Parker ivienor

wniiam £j. wrignt jr. New Orleans, DA John Anthony

G. David Yaros Cincinnati, OH i nomas 11. urusn T^.llpn P, Vni*n«:ViP'fQk'v Npw York NY Pn<5tfivpUUoldVC XX.TT Newman Kenneth James Yerkes Indianapolis, IN Jack Howard Rogers Charles H. Zoellers London, KY James Robert Stansbury

Opinions

No. 88-1182. Baltimore City Department of Social Services, Peti- tioner v. Jacqueline Bouknight; and

No. 88-6651. Maurice M., Petitioner v. Jacqueline Bouknight. On writs of certiorari to the Court of Appeals of Maryland. Judgment reversed and cases remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. No. 88-1377. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Brian Zebley, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment af- 424 TUESDAY. FEBRUARY 20. 1990

firmed. Opinion by Justice Blackmun. Dissenting opinion by Justice White with whom the Chief Justice joins.

• Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Todcl A. Smith Chicago, IL Marcia L. Friedl Evan Mark Tager Staten Island, NY Richard Joseph Favretto Benjamin H. Flowe Jr. Washington, DC Carol Connor Flowe Thomas H. Speedy Rice San Diego, CA Judy Clare Clarke Jeffrey H. Schwartz Brooklyn, NY Wiliiam H. Crispin James A. Zurick Shamokin, PA William H. Crispin Knut Sveinbjorn Johnson San Diego, CA Judy Clare Clarke Gene Alan Wiley Rapid City, SD Larry Pressler Cornelius James Riley Hardeeville, SC Russell H. Putnam Jr. Robert Alan Lipstein Washington, DC Freddi Lipstein Oral Arguments

No. 88-1932. United States, Petitioner v. German Munoz-Flores. Ar- gued by Mr. William C. Bryson for the petitioner and by Ms. Judy Clarke for the respondent.

No. 89-275. Cooter & Gell, Petitioner v. Hartmarx Corporation, et al. Argued by Mr. Stephen A. Saltzburg for the petitioner and by Mr. Richard J. Favretto for the respondents.

No. 89-156. Pennsylvania Department of Public Welfare, et al., Pe- titioners r. Edward J. Davenport, et ux. Argued by Mr. Walter W. Cohen for the petitioners and by Mr. David A. Searles for the respondents.

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. Argued by Ms. Marcia L. Friedl for the petitioner, by Mr. Paul J. Larkin, Jr., for the United States as amicus curiae, in support of the petitioner, by special leave of Court, and by Mr. Dan W. Evers for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. FEBRUARY 21. 1990 425 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-1323. Louis W. Sullivan, Secretary of Health and Human

Services, et al., Petitioners v. Sandra Everhart, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Dissenting opinion by Justice Stevens with whom Justice Brennan, Justice Marshall and Justice Kennedy join.

No. 88-1480. Bob Reves, et al., Petitioners v. Ernst & Young. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice Stevens. Opinion by the Chief Justice concurring in part and dissenting in part with whom Justice White, Justice O'Connor and Justice Scalia join.

No. 88-1076. J. Paul Preseault, et ux., Petitioners v. Interstate

Commerce Commission, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Brennan. Concurring opinion by Justice O'Connor with whom Justice Scalia and Justice Kennedy join.

No. 88-1434. Elizabeth Dole, Secretary of Labor, et al., Petitioners v. United Steelworkers of America, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice White with whom the Chief Justice joins.

No. 87-6700. John Henry Selvage, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam announced by the Chief Justice. Concurring opinion by Justice Brennan. Concurring opinion by Justice Blackmun joined by Justice Brennan. 426 WEDNESDAY, FEBRUARY 21. 1990 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Gene Alan Wiley Rapid City. SD Larry Pressler

Cornelius James Riley Hardee ville, SC Russell H. Putnam, Jr.

Oral Arguments

No. 88-1725. Juan Francisco Venegas. Petitioner v. Michael R. Mitchell. Argued by Mr. Richard M. Mosk for the petitioner and by Mr. Charles A. Miller for the respondent.

No. 88-7164. Terry Brice Horton, Petitioner v. California. Argued by Ms. Juliana Drous for the petitioner and by Mr. Martin S. Kaye for the respondent.

No. 88-1943. Office of Personnel Management, Petitioner v. Charles Richmond. Argued by Mr. Solicitor General Kenneth W. Starr for the petitioner and by Mr. Gill Deford for the respondent. No. 89-189. Samuel A. Lewis, Director, Arizona Department of Cor- rections, et al., Petitioners y. Jimmie Wayne Jeffers. Argued by Mr. Gerald R. Grant for the petitioners and by Mr. James S. Liebman for the respondent.

Adjourned until Monday, February 26, 1990 at 10 o'clock. x (JOURNAL) MONDAY. FEBRUARY 26. 1990 427 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist. Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 88-849. Action Alliance of Senior Citizens of Greater Philadel- phia, et al., Petitioners v. Louis W. Sullivan, Secretary, Health and Human Services, et al. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further consideration in light of Dole v. United Steelworkers of America, 494 U.S. (1990).

Orders in Pending Cases

No. D-801. In the Matter of Disbarment of Robert George Jacobson. Disbarment order entered. No. D-816. In the Matter of Disbarment of Robert Thomas Chan- dler. Disbarment order entered.

No. D-818. In the Matter of Disbarment of Edwin S. Saul. Disbar- ment order entered.

No. D-829. In the Matter of Disbarment of Herman T. Isis. Disbar- ment order entered. No. D-834. In the Matter of Disbarment of John D. Raikos. Disbar- ment order entered. No. D-836. In the Matter of Disbarment of James Clifford Evans. Disbarment order entered. No. D-841. In the Matter of Disbarment of Milliard Eugene Farley. Disbarment order entered.

No. D-863. In the Matter of Disbarment of Jerrold L. Morris. It is ordered that Jerrold L. Morris, 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. 428 MONDAY. FEBRUARY 26. 1990

No. D-864. In the Matter of Disbarment of Jonathan Samuel Rocker. It is ordered that Jonathan Samuel Rocker, of Cleveland, 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-865. In the Matter of Disbarment of Earl Rumsey Boyce. It is ordered that Earl Rumsey Boyce, of Palm Beach, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-866. In the Matter of Disbarment of Frank Diaz Silveira. It is ordered that Frank Diaz Silveira, of Coral Gables, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-867. In the Matter of Disbarment of Edward S. Digges, Jr. It is ordered that Edward S. Digges, Jr., of Rock Hall, 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-868. In the Matter of Disbarment of Gerard E. Molony. It is ordered that Gerard E. Molony, of Upper Nyack, 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-869. In the Matter of Disbarment of Martin Lawrence Bracken. It is ordered that Martin Lawrence Bracken, of Mineola, 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-870. In the Matter of Disbarment of William Henry

Tschirhart. It is ordered that William Henry Tschirhart, of Clinton, 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-871. In the Matter of Disbarment of William Herbert Price. It is ordered that William Herbert Price, of San Antonio, 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. MONDAY. FEBRUARY 26. 1990 429

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. On bill of complaint. The Joint Motion for Entry of Stipulated Judgment is granted.

No. 83-243. Brown & Root, Inc., et al, Petitioner v. Billy Thornton, et al. The motion of respondent Billy Thornton for award of attorney's fees is denied without prejudice.

No. 88-931. Lawrence H. Crandon, et al, Petitioners v. United States; and

No. 88-938. Boeing Company, Inc., Petitioner v. United States. The motion of the Solicitor General for leave to file a supplemental brief after argument is granted.

Certiorari Granted

No. 89-994. West Virginia University Hospitals, Inc., Petitioner v.

Robert Casey, Governor of Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 89-1063. FirsTier Mortgage Company, aka Realbanc, Inc., Peti- tioner v. Investors Mortgage Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. No. 89-1158. Mercedel W. Miles, Individually and as Administratrix of the Succession of Ludwick Adam Torregano, Petitioner v. Apex Ma- rine Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

Certiorari Denied

No. 88-1075. Associated Builders and Contractors, Inc., et al., Peti- tioners v. Occupational Safety and Health Administration, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-344. James M. Woodward, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-564. Maurice Glosemeyer, et al., Petitioners v. Missouri-

Kansas-Texas Railroad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-777. United States Gypsum Company, Petitioner v. Wesley Theological Seminary of the United Methodist Church. Petition for writ 430 MONDAY, FEBRUARY 26, 1990 of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-781. Town of Huntington, et al., Petitioners v. Michael P. W. Stone, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-835. Adrian Antoniu, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-876. Miriam Ben-Shalom, Petitioner v. Michael P. W. Stone, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-878. John R. Knight, Petitioner v. Central Intelligence Agency. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-898. Bywater Neighborhood Association, Petitioner v. Fed- eral Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-997. Marguerite L. Jackson, et al., Petitioners v. George E. Russell. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 89-1046. Joseph A. Frates, et al., Petitioners v. Zita L. Weinshienk, Judge, United States District Court for the District of Col- orado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1058. Val J. Porter and A-Tow, Inc., Petitioners v. City of Atlanta. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-1068. Jean Rosenbaum, Petitioner v. Richard Rosenbaum, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-1073. Henry J. Fant, Petitioner v. Benny Bonanno, Clerk, Cleveland Municipal Court. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 89-1086. Sarah Klumpner, a Minor, by Richard Kahn, Guardian ad Litem, Petitioner v. George H. Klumpner. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-1088. Helena Marine Service, Inc., et al., Petitioners v. St. Paul Fire and Marine Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. FEBRUARY 26. 199C 431

No. 89-1089. Atlantic Richfield Company, Petitioner v. Don Van Vranken, etc., et al. Petition for writ of certiorari to the Temporary Emergency Court of Appeals of the United States denied.

No. 89-1090. Ruth Ellis, Petitioner v. Ringgold School District. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-1091. Thomas Sobol, Commissioner of the New York State

Education Department, Petitioner v. Clifford Burr, by his Parents and Next Friends, Kenneth Burr, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1109. Patricia Mason, Petitioner v. City of Gastonia, North

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

No. 89-1116. Ted Bishop, Petitioner v. Oasis Oil Company and David Fouracres. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1135. Rose M. Weber, et al., Petitioners v. John W. Kluge, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-1143. Sung Man Kim, et ux., Petitioners v. Soo An Lee, et ux. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-1146. Thomas E. Broeckl, etc., et al., Petitioners v. Chicago Park District. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-1171. Luis Roberto Gonzalez-Senti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1186. Christina Pagano Floca, Petitioner v. Homcare Health

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

No. 89-1206. Edward J. Elkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6005. Clarence E. Wilkerson, Petitioner v. Larry Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6140. Gjon Nivica, Petitioner v. United States; and 432 MONDAY. FEBRUARY 26. 199C

No. 89-6360. Mark Wellington, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6186. Ricardo Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6196. Oscar Dennis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-6292. Stephen Dubov, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6331. Raymond Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6357. Chester Slone, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6362. Floyd E. Swartz, Jr., Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6370. Jeremiah Smith Bass, Petitioner v. William Rhode,

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

No. 89-6371. Albert O'Neal Scott, Petitioner v. George Sumner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6373. Ellis Keyes, Petitioner v. San Francisco Probation Department. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6376. Arnold Cole, Petitioner v. James Reed. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6378. John Kim, Petitioner v. California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6391. Fazli Cemil Akmansoy, Petitioner v. Johnny Kleven-

hagen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. FEBRUARY 26. 1990 433

No. 89-6392. Melton Gary Home, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-6393. II Jae Lee, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 89-6395. Robert L. McClain, Petitioner v. Robert C. Mitchell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6396. Henry L. McCone, Petitioner v. Charles Birge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6397. Merton Bond, Petitioner v. Wayne C. Dunn, Deputy Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6398. Merton Bond, Petitioner v. Jane Shams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6401. David Tygart, Petitioner v. Bill Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6409. Bruce B. Wesselman, Petitioner v. William Seabold, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6411. Miguel Reyna, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 89-6415. Billy Joe Brown, Petitioner v. Arthur Tate, Jr., Super- intendent, Chillicothe Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6416. Ralph M. Lepiscopo, Petitioner v. Pat Reed. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. S9-6420. Henk Visser, Petitioner v. United States Court of Appeals for the District of Columbia Circuit. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6424. Steven E. Lockhart, Petitioner v. Eddie Nagle, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 434 MONDAY. FEBRUARY 26. 1990

No. 89-6439. William Goodstein, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6449. Moshe Elkayam, Petitioner v. Jim Sibert, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6463. Leesa Dawn Bryant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6468. Carlos Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6471. Robert D. Dedrick, Petitioner v. New Hampshire. Pe- tition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 89-6489. Boarhanullah Sherdil, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6507. Theoplis Dupin, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6510. Walter R. Burnette, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6514. Valentin Eufracio-Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6515. Schawn Warren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6516. Charles Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6517. Garfield Dean Martin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6530. Jaime Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY. FEBRUARY 26. 1990 435

No. 89-6535. Wayne Barnhart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6539. Avon Twitty, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6545. Lewis Lorenzo Sistrunk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6559. Larry Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6562. Gerardo Molina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6563. Marvin Bonga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6577. Neil Graham Hansen, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6591. Michael Edward Kennedy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-888. New Hampshire, Petitioner v. Robert D. Dedrick. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 89-5295. Jerome Mallett, Petitoner v. Missouri. Petition for a writ of certiorari to the Supreme Court of Missouri denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Blackmun dissents.

No. 89-6390. Jesus Romero, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Jus- tice Marshall. Habeas Corpus Denied

No. 89-6605. In Re Frederick E. Godwin, Petitioner. The petition for writ of habeas corpus is denied. 436 MONDAY. FEBRUARY 26, 1990 Mandamus Denied

No. 89-6402. In Re James Evegelatos, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 88-1400. Franchise Tax Board of California, et al., Petitioners v. Alcan Aluminium Limited, et al.;

No. 89-508. United States Can Company, et al, Petitioners v. Inter- national Association of Machinists & Aerospace Workers, et al.;

No. 89-788. Venus Independent School District, et al., Petitioners v. Shelly C, etc.; No. 89-796. In Re Earlene Polyak, Petitioner;

No. 89-5879. Rajesh Thakkar, Petitioner v. Arthur Martin;

No. 89-6061. David R. Rawls, Appellant v. United States; and

No. 89-6124. John Michael Ferenc, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. The petitions for rehearing are denied.

No. 89-741. David Price, Petitioner v. Viking Penguin, Inc., et al.; and

No. 89-5666. Tsaushu C. Lackland, Petitioner v. J. C. Penney Com- pany. The petitions for rehearing are denied. Justice Blackmun took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Monday, March 5, 1990 until Mon- day, March 19, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael L. Altman Boston, MA Harvey Allen Silverglate

John Mitchell Bailey IV Tempe, AZ Denise I. Young Gary B. Blasingame Athens, GA James R. Beaird Douglas Ivor Brandon Washington, DC Bartlett H. McGuire Gregory Elliot Bryant Little Rock, AR John Fredrick Forster Jr. MONDAY. FEBRUARY 26. 199U 437

Applicant City and State Movant

James W. Burgoon Jr. Greenwood, MS Charles Jones Swayze Jr. Thomas Lee Ciecko Elmwood, IL Sally Louise Dilgart Michael Patrick Connelly Chicago, IL David J. Shukovsky Joseph P. Conti Erie, PA Frank J. Scutella Robert W. Corcoran Garden City, NY Peter Kevin Ledwith Marjorie Elizabeth Cox San Francisco, CA Dennis Michael Eagan Gandolfo V. DiBlasi New York, NY John L. Warden Carl Fabian San Diego, CA Stephen Joseph Perrello Jr. Henry G. Garrard III Athens, GA James R. Beaird John A. Gilleland Atlanta, GA Daryll Norman Love Greg Glass Houston, TX Michael Bushnell Charlton Ronald H. Greve Roseville, MI J. Russell LaBarge Jr. Frank L. Hadden III Atlanta, GA Verley J. Spivey Steven Randolph Hager Bellingham, WA William Joseph Johnston Craig S. Harrison Washington, DC Henry Vernon Nickel Richard A. Harrison Tampa, FL Richard Nathan Stein J. Stanley Hawkins Atlanta, GA Rex E. Lee Patricia A. Hemann Cleveland, OH Neil Kenneth Evans Jack John Clarence Herzig Philadelphia, PA Robert S. Gawthrop III Jenniffer Morris Horan Fayetteville, AR Walter Raymond Niblock Richard Allen Hostetler Denver, CO Stanley Howard Marks Kaye Kamman Houser Birmingham, AL Lewis Daniel Turberville Jr. 438 MONDAY. FEBRUARY 26. 1991

Applicant City and State Movant

Garrett B. Johnson Chicago. IL Hammond E. Chaffetz D. Allan Jones Beaumont, TX John G. Tucker John Paul Jones Richmond, VA Russell C. Williams Peter H. Karlen La Jolla, CA Robert Keith McKellogg Scott Frederick Kauffman San Francisco, CA Geoffrey Rotwein Shawn F. Kelly San Diego, CA Ronald Jordan Detzer

Randall Wayne Klauzer Steamboat J. Richard Springs, C Tremaine J. Clayton La Grone Oklahoma Citv. William Robert OK Burkett Eric James Lund Beverly Hills, CA James Louis Lund Alan W. G. Ma Honolulu, HI Ronald T. Oldenburg- James N. Martin Mt. Clemens. MI John Gregg Bacon Michael J. Mazzone Houston, TX Vincent Louis Marino James Earl McCollum Jr. Hyattsville, MD Carlton M. Green Anthony Augustus Muraski Ann Arbor, MI Matthew C. McKinnon John E. B. Myers Sacramento, CA Linda E. Carter Dennis M. O'Malley Boston, MA Gregory P. Hancock Jeffrey Dean Paguin Atlanta, GA Jerry B. Blackstock A. Charles Peruto Jr. Philadelphia, PA Burton A. Rose C. Ashley Pike Lisbon, OH William Edward Pfau III Tina M. Pompey Chicago, IL Maurice D. Pompey Mary Lynn Prevost San Francisco, CA Jim Jones Joseph Edwin Price Lubbock, TX Walker N. Metcalf Richard A. Russo Wilkes-Barre, PA Robert D. Schaub Wm. H. Schoettelkotte Newport, KY Justin David Verst MONDAY. FEBRUARY 26. 1990 439

Applicant City and State Movant

Evan Slavitt Maiden, MA Michael b. Roitman Stephen Alan Smith Seattle, WA Gordon G. Conger TV T TTT J Michael Straus New York, NY John L. Warden David Beam Summer Jr. Columbia, SC Harold W. Jacobs

Rodney V. laylor Indianapolis, IN David J . 1 heising Robert Joseph Tuosto New lork, NY Jen Bernstein i~» i tt rn l t Paul H. Twehues Jr. Newport, KY Justin David Verst

Tl IT ' TT" TT* M Marcia K. Vigil Trinidad, CO Charles S. Vigil Glen Alaen Weeks rortland, OK Kim 1. Buckley

fit ~\ ^ ATT T 1 A TT 111 David C. Werner Cleveland, OH John A. Hallbauer Allen Sherrod Cutts Atlanta, GA JulianT 1 * B.T> Willmgham TTT«nWillmgham• 1 William E. Winfield Oxnard, CA Kent McMullin Kellegrew Bernadette Wolffe Arlington, VA Carl Larsen Taylor Ray H. Wood Salt Lake City, Wilford W. Kirton UT Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Beverly J. Benson Minneapolis, MN Beverly Jean Wolfe Lisa A. Berg Minneapolis, MN Beverly Jean Wolfe Mark Victor Griffin Minneapolis, MN Beverly Jean Wolfe Oral Arguments

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. Argued by Mr. Joseph Lesser for the petitioner and by Mr. Richard W. Miller for the respondents.

No. 88-2031. United States, Petitioner v. Marsha B. Kokinda, et al. Argued by Mr. John G. Roberts, Jr., for the petitioner and by Mr. Jay Alan Sekulow for the respondents. 440 MONDAY, FEBRUARY 26. 1990

No. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. Argued by Ms. Anne E. Peek for the petitioner, by Mr. Stephen J. Marzen for the United States, as amicus curiae, supporting the petitioner, by special leave of Court, and by Mr. Glenn P. Bruder for the respondent.

No. 89-243. Eli Lilly and Company, Petitioner v. Medtronic, Inc. Ar- gued by Mr. Timothy J. Malloy for the petitioner and by Mr. Arthur R. Miller for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. FEBRUARY 27. 1990 441 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-599. Washington, et al., Petitioners v. Walter Harper. 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 Justice Kennedy. Concurring opinion by Justice Blackmun. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Brennan and Justice Marshall join.

No. 88-1476. C. T. Carden, et al., Petitioners v. Arkoma Associates. 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 Scalia. Dissenting opinion by Justice O'Connor with whom Justice Brennan, Justice Marshall, and Justice Blackmun join.

No. 88-931. Lawrence H. Crandon, et al., Petitioners v. United States; and

No. 88-938. Boeing Company, Inc., Petitioner v. United States. On writs to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Opinion by Justice Scalia concurring in the judgment with whom Justice O'Connor and Justice Kennedy join.

No. 87-1965. Marlus C. Zinermon, et al, Petitioners v. Darrell E. Burch. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Black- mun. Dissenting opinion by Justice O'Connor with whom the Chief Jus- tice, Justice Scalia and Justice Kennedy join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Jeffrey Mark Sandman Washington, DC Jules Bernstein

Gary Quentin Cvach Washington, DC Peter I. Elinsky 442 TUESDAY. FEBRUARY 27. 1990 Oral Arguments

No. 88-1897. Michigan Department of State Police, et al.. Petitioners v. Rick Sitz, et al. Argued by Mr. Thomas L. Casey for the petitioners, by Mr. Stephen L. Nightingale for the United States, as amicus curiae supporting petitioners, by special leave of Court, and by Mr. Mark Granzotto for the respondents.

No. 89-213. Pennsylvania, Petitioner v. Inocencio Muniz. Argued by Mr. J. Michael Eakin for the petitioner and by Mr. Richard F. Maffett, Jr., for the respondent.

No. 89-390. Pension Benefit Guaranty Corporation, Petitioner v. LTV Corporation, et al. Argued by Ms. Carol Connor Flowe for the petitioner and by Mr. Lewis B. Kaden for the respondents.

No. 88-1905. Eddie Keller, et al, Petitioners v. State Bar of Califor- nia, et al. Argued by Mr. Anthony T. Caso for the petitioners and by Mr. Seth M. Hufstedler for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. FEBRUARY 28. 1990 443 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-1369. Maryland, Petitioner v. Jerome Edward Buie. On writ of certiorari to the Court of Appeals of Maryland. Judgment vacated and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Stevens. Concurring opinion by Justice Kennedy. Dissenting opinion by Justice Brennan with wr hom Justice Marshall joins.

No. 88-1353. United States, Petitioner v. Rene Martin Verdugo- Urquidez. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Concurring opinion by Jus- tice Kennedy. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Blackmun.

No. 88-6222. Scott Wayne Blystone, Petitioner v. Pennsylvania. On writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Brennan with wT hom Justice Marshall joins, and with whom Justice Blackmun and Justice Stevens join except as to Part IV.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Frederick Eugene Woods Washington, DC Charles Edward Anderson Oral Arguments

No. 89-431. Yellow Freight System, Inc., Petitioner v. Colleen Don- nelly. Argued by Mr. Jeffrey Ivan Pasek for the petitioner and by Mr. John J. Henely for the respondent. 444 WEDNESDAY. FEBRUARY 28. 1990

No. 89-61. United States, Petitioner v. Filiberto Ojeda Rios, et al. Argued by Mr. William C. Bryson for the petitioner and by Mr. Rich- ard A. Reeve for the respondents.

No. 89-44. Dennis Burnham, Petitioner v. Superior Court of Cali- fornia, County of Marin (Francie Burnham, Real Party in Interest). Argued by Mr. Richard Sherman for the petitioner and by Mr. James 0. Devereaux for the respondent.

No. 88-7194. Arthur Lajuane Taylor, Petitioner v. United States. Argued by Mr. Bruce D. Livingston for the petitioner and by Mr. Mi- chael R. Lazerwitz for the respondent.

Adjourned until Monday, March 5, 1990 at 10 o'clock. x (JOURNAL) MONDAY, MARCH 5, 1990 445 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, and Justice Scalia. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 89-5999. Danny Smith, Petitioner v. Ohio. On petition for writ of certiorari to the Supreme Court of Ohio. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Marshall. Certiorari— Summary Disposition

No. 88-986. Ralph Rodney Fields, Petitioner v. Joseph T. Durham, 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 con-

sideration in light of Zinermon v. Burch, 494 U. S. (1990).

No. 88-6104. Samuel S. Hawkins, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light

of Selvage v. Collins, 494 U. S. (1990) and Penry v. Lynaugh, 492 U. S. (1989).

No. 88-6347. Warren Eugene Bridge, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States 446 MONDAY. MARCH 5. 1990

Court of Appeals for the Fifth Circuit for further consideration in light

of Selvage v. Collins. 494 U. S. (1990) and Pennj v. Lynaugh, 492 U. S. (1989).

No. 89-486. Abel H. Hernandez, Petitioner v. Donald B. Rice, Secre- tary of the Air Force. 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 to consider whether or not, in all of the circumstances of the case, receipt of the non-defective complaint by the district court Clerk's office constituted a "filing" for the purposes of 42 U. S. C. Section 2000e-16(c) (1982).

No. 89-532. Peat Marwick Main & Co., Petitioner v. W. David Hollo- way, et al. On petition for writ of certiorari to the United States Court

of Appeals for the Tenth Circuit. The petition for writ of certiorari is

granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consid-

eration in light of Reves v. Ernst & Young, 494 U. S. (1990).

No. 89-599. Easter House, Petitioner v. Thomas Felder, et al. On petition for writ of certiorari to the United States Court of Appeals for

the Seventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in

light of Zinermon v. Burdu 494 U. S. (1990).

Orders in Pending Cases

No. . City of Rancho Cucamonga, et al., Petitioners v. Edwards

Theatres Circuits, Inc. The motion to direct the Clerk to file a petition for writ of certiorari, out-of-time, is denied.

No. . Kenneth H. Manning, Petitioner v. United States Environ- mental Protection Agency. The motion to direct the Clerk to file a peti-

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

No. . Eddie Thompson, Jr., Petitioner v. Covington Housing Development. The motion to direct the Clerk to file a petition for writ

of certiorari is denied. No. D-847. In the Matter of Disbarment of Walter L. Nixon, Jr. Dis- barment order entered. No. D-848. In the Matter of Disbarment of Gerald Duane Williams. Disbarment order entered.

No. D-872. In the Matter of Disbarment of Thomas M. Joyce. It is ordered that Thomas M. Joyce, of Chicago, Illinois, be suspended from MONDAY. MARCH 5, 1990 447 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-873. In the Matter of Disbarment of Michael Young Sandborn. It is ordered that Michael Young Sandborn, of Lansing, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-874. In the Matter of Disbarment of Jordan L. Peiper. It is ordered that Jordan L. Peiper, 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-875. In the Matter of Disbarment of Carl B. Stoner, Jr. It is ordered that Carl B. Stoner, Jr., of Harrisburg, 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. 88-931. Lawrence H. Crandon, et al, Petitioners v. United States; and

No. 88-938. Boeing Company, Inc., Petitioner v. United States. The motion of petitioners for leave to file a supplemental brief after argument is granted. No. 89-542. RudyPerpich, Governor of Minnesota, etal., Petitioners v. Department of Defense, et al. The motion of National Guard Associa- tion of the United States, et al. for leave to participate in oral argument as amici curiae, for divided argument and for additional time for argument is denied. No. 89-700. Astroline Communications Company Limited Partner- ship, Petitioner v. Shurberg Broadcasting of Hartford, Inc., et al. The motion of Committee to Promote Diversity for leave to file a brief as amicus curiae is granted. No. 89-742. James A. Collins, Director, Texas Department of Crimi- nal Justice, Institutional Division, Petitioner v. Carroll F. Youngblood. The motion of petitioner to dispense with printing the joint appendix is granted. Certiorari Granted

No. 89-1106. Trinova Corporation, Petitioner v. Michigan Depart- ment of Treasury. Petition for writ of certiorari to the Supreme Court of Michigan granted. 448 MONDAY. MARCH 5. 199<

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Louisiana granted.

Certiorari Denied

No. 88-6525. Michael Francis Charters, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 88-6972. William Allen Spencer, Petitioner v. Bumyong Lee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-473. James J. Doody, et al., Petitioners v. Sinaloa Lake Own- ers Association, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-746. Gene R. Smith Corporation, Petitioner v. Terry's Trac- tor, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-809. PaineWebber, Inc., et al., Petitioners v. Nancy C. Frye. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-829. Dewitt Bank and Trust Company, Conservator of the

Estate of William Lance McNeely, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-922. Manu Patel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-928. Cementos Guadalajara, S. A., et al., Petitioners v.

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

No. 89-1087. Clifford J. Johnson, Petitioner v. Bank of America. Pe- tition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-1096. H. Roger Lawler, Petitioner v. Theodore A. Paulissen, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1100. Peggy Robinson, Petitioner v. Randolph Pourciau, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. MARCH 5. 1990 449

No. 89-1103. Gould Inc., et al., Petitioners v. Ministry of Defense of the Islamic Republic of Iran. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1119. Patrick A. Herring, Jr., et al, Petitioners v. Delta Air

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

No. 89-1120. Elenor M. Catalina, Petitioner v. City of Columbus,

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

No. 89-1121. Julius Webb, Petitioner v. Merck & Co., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1122. Edward Dean Christensen, Petitioner v. Bryce H.

Pettey, et al. Petition for writ of certiorari to the Court of Appeals of Utah denied.

No. 89-1126. Helmut Suehl, et al., Petitioners v. Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1137. Lynn Rannels, Petitioner v. Meridian Bancorp, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1154. Shell Offshore, Inc., Petitioner v. Robert Gates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1162. Mary Ann Crompton, dba Pro-Par Industries, Inc.,

Petitioner v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1165. Southwest Forest Industries, Inc., Petitioner v. John L. Sutton. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1234. Leonard A. Pelullo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1250. Antonio Manzi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1252. Gene Basalyga, et al., Petitioners v. Pennsylvania, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. 450 MONDAY. MARCH 5. 199'

No. 89-1269. Metro-Goldwyn-Mayer, Inc., et al., Petitioners v. Frank Music Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5844. Nelson McKinney, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 89-6156. Francisca R. Velasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6157. George Melo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6226. Lorenzo Rivera, Petitioner v. United States; and

No. 89-6266. Willie Burgess, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6229. Jorge Alberto Restrepo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6238. Jeffrey Townsend, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6239. James Alfonso Greene, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6252. Alan Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6327. Wesley Allen Tuttle, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 89-6338. William Anthony Brooks, Petitioner v. Georgia. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-6351. Cassandra Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6394. James Harris, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6418. Ruby Moms, Petitioner v. Department of Social Serv- ices. Petition for writ of certiorari to the Supreme Court of Michigan denied. MONDAY, MARCH 5. 1990 451

No. 89-6432. Jay D. Street, Petitioner v. John Jabe, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6436. John Arman, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6437. Reginald A. Brummell, Petitioner v. Myrna Trickey,

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

No. 89-6440. Vernon E. Rodman, Petitioner v. B. G. Bower, Super- intendent, Southeastern Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6458. W.A. MacGuire, Petitioner v. Miller, Shine & Bryan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6508. Robert B. Cox, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6531. Lloyd Edward Franks, Petitioner v. Willie Bauer, Po- lice Chief, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6536. Oscar Cantu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6548. Alfonso Harrison, Jr., Petitioners. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6564. Ray Land, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6582. Tyrone Curren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-6598. Bernard Peoples, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6603. Vincent Doria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 452 MONDAY. MARCH 5. 1990

No. 89-6606. Alfreda Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6656. Lorene Sakovich, Petitioner v. Armstrong World In- dustries. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-6657. Lorene Sakovich, Petitioner v. Bruce Dodt. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-1075. A. A. Poultry Farms, Inc., et al., Petitioners v. Rose Acre Farms, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 89-6219. Maurice Oscar Byrd, Petitioner v. Bill Armontrout,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 89-6404. Johnny Townsend, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6405. David Lee Starr, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6592. Devin R. Stewart, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. Jus- tice Brennan and Justice White would grant certiorari.

Habeas Corpus Denied

No. 89-6428. In Re Alfred Madson, Petitioner. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. . Paul Fazzini, Petitioner v. John Gluch, et al.;

No. 89-415. Leslie H. Brooks, Jr., Petitioner v. Town of Ashland;

No. 89-5506. Abdul Hakim, Petitioner v. Department of Civil

Rights, et al.;

No. 89-5827. Albert Morgan, Petitioner v. James Turnage;

No. 89-5832. Edgar Perry, Petitioner v. William L. Ball, Secretary of Navy; MONDAY. MARCH 5. 1990 453

No. 89-6065. Kasib T. Bilal, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction;

No. 89-6067. Henk Visser, Petitioner v. Court of Appeal of Califor- nia, Second Appellate District;

No. 89-6098. James Lee Martin, Petitioner v. United States Court of Appeals for the Third Circuit; and

No. 89-6224. Merton Bond, Petitioner v. Larry Raikes, Judge, Nel- son Circuit Court. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Susan L. Anderson Philadelphia, PA Desmond J. McTighe Michael Ira Asen New York, NY Lloyd Mitchell Bleecker William Glenn Beatty Barrington, IL Bruce Nunan Cook Gary M. Berne Portland, OR Norman A. Stoll Joyce Augusta Birkel Kensington, MD Charles Philip Nichols Jr. Richard Charles Boothman Detroit, MI Stanley Charles Kazul Steven L. Bornstein Miramar, FL Edward Paul Kreiling Patrick J. Burke Denver, CO Norman R. Mueller Dudley Haskell Carter Columbus, MS Shields Sims Richard C. Cauble Jr. Las Cruces, NM Michael William Lilley Christopher D. Cerf Washington, DC Joseph N. Onek Martha Ann Churchill Chicago, IL James Timothy Harrington Albert A. Ciardi Jr. Philadelphia, PA Paul Jude Winterhalter Patrick Charles Clary Las Vegas, NV Samuel S. Lionel Thomas Myron Cole Gainesville, GA James Anderson Dunlap 454 MONDAY. MARCH 5. 1990

Applicant Citv and State Movant

Christa L. Collins-Johnson St. Petersburg, Oscar Blasingame FL Jonathan Butler Conklin Bakersfield, CA Arthur E. Wallace William Walsh Cote' East Haven, CT John Vernon Leffingwell William Grace Crane Poughkeepsie, Carl Swartz NY Wolfson James C. Cubbin Detroit, MI Theodore L. Garrett Mark A. Dombroff Washington, DC Judith Klaif Rayner Mario A. Esparza Las Cruces, NM Angel Lomeli Saenz Montgomery Kim Fisher Washington, DC Daniel M. Friedman Bruce Jeffrey Gary Santa Ana, CA Warren Sikora Robert Marc Goldman Oklahoma City, Leamon Freeman OK Edward A. Goldman Oklahoma City, Leamon Freeman OK Larry Steven Green San Jose, CA Henry Mariani Glenn Howard Griffeth Topeka, KS E. Newton Vickers Carl Douglas Haggard Houston, TX George Edward Pickle Jr Jo Ann Harris New York, NY Frederick Townsend Davis Donna Rachelle Harvey Los Angeles, CA Jerome Hudson Craig Richard F. Hayse Topeka. KS Anne L. Baker Robert M. Jasinski Fort Lauderdale, Michel E. FL Anderson

Kirk 15. Johnson Chicago, IL Jack R. Bierig Walter X. Kirn St. Paul, MN John Douglas Gould

William S. Lazarow Columbus, OH Dale A. Baich Kellv Lin LeBlanc Indianapolis, IN Ronald Smith Timmons MONDAY. MARCH 5. 199o 455

Applicant City and State Movant

Martin Louis Leibowitz Jacksonville, FL Daniel C. Shaughnessy Arthur N. Lerner Washington, DC Ralph Werner Edward Jacob Lewis II Chicago, IL Jeffrey David Colman Kevin Lee Likes Auburn, IN Grant Mather VanHorne Paul M. Lusky Baltimore, MD John G. Kruchko Michael J. McCartney Breckenridge, Paul Edmund MN Godlewski Scott Audley McGill Steamboat J. Richard Springs, CO Tremaine Michael A. McMahan Chattanooga, TN Randall L. Nelson Donald Charles Meany Redding, CA Donald B. Jarvis Patricia Head Moskal Nashville, TN Samuel D. Lipshie Phillip Alden Noblett Chattanooga, TN Randall L. Nelson Lawrence E. Oscar Cleveland, OH Alan Stuart Kopit Terence V. Page Birmingham, MI Daniel M. Clark Jacqueline Y. Parker Boston, MA Richard L. Neumeier Robert E. Parsons Birmingham, AL L. Vastine Stabler Jr. Fred A. Pierantoni III Pittston, PA Richard A. Russo Kenneth F. Popper Plainview, NY Bernard L. Broome Mary Ellen Roberts Seattle, WA James Lawrence Brewer Glenn Craig Robinson Wichita, KS Vernon D. Just E. Gordon Robinson Jr. Atlanta, GA Michael A. Berman Raymond R. Robrecht Salem, VA Glen Nelson Mackey Jr. Ronald Rosen Miramar, FL Edward Paul Kreiling Harry M. Rosen Miramar, FL Edward Paul Kreiling

Sidney I. Schenkier Chicago, IL Jeffrey David Colman 456 MONDAY. MARCH 5. 1990

Applicant Citv and State Movant

Joseph Paul Secola Milford, CT Michael P. Tierney Mary Jo C. Shartsis San Francisco. CA Paul Martin Ginsburg Thomas A. Sheehan Prairie Village, Richard C. KS Sheehan Alan H. Silverman Phoenix, AZ A. Douglas Melamed Frank J. Siska Jr. Tallahassee, FL Sharon A. Zahner Joseph Lehman Steinfeld Washington, DC John R. Sims Jr. Jr. Richard M. Tuyn Birmingham, MI Daniel M. Clark Brent L. Westerfeld Indianapolis, IN Monica Foster Kelly Wilkinson Baton Rouge, LA R. Gordon Kean Jr. Robert Alan Williams Immokalee, FL Paul C. Dovle

Opinions

No. 87-1955. Gerald A. Lewis, etc., Appellant v. Continental Bank

Corporation, et al. Appeal from the United States Court of Appeals for the Eleventh Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia.

No. 88-5909. Dock McKoy, Jr., Petitioner v. North Carolina. On writ of certiorari to the Supreme Court of North Carolina. Judgment vacated and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice White. Concurring opinion by Justice Blaekmun. Opinion by Justice Kennedy concurring in the judgment. Dissenting opinion by Justice Scalia with whom the Chief Justice and Justice O'Connor join.

No. 88-1264. James Saffle, Warden, et al. Petitioners v. Robyn Leroy Parks. 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 Kennedy announced by the Chief Justice. Dissenting opinion by Justice Brennan with whom Justice Marshall joins, and with whom Justice Blaekmun and Justice Stevens join except as to Part IV. MONDAY. MARCH 5. 1990 457

No. 88-1512. Albert J. Ferens, et ux., Petitioners v. John Deere Company, aka Deere & Company. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy announced by the Chief Justice. Dissenting opinion by Justice Scalia with whom Justice Brennan, Justice Marshall and Justice Blackmun join.

No. 88-512. Michigan, Petitioner v. Tyris Lemont Harvey. On writ of certiorari to the Court of Appeals of Michigan. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Jus- tice. Dissenting opinion by Justice Stevens with whom Justice Bren- nan, Justice Marshall and Justice Blackmun join.

No. 88-6613. Richard Boyde, Petitioner v. California. On writ of certiorari to the Supreme Court of California. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Marshall with whom Justice Brennan joins, and with whom Justice Blackmun

and Justice Stevens join as to Parts I, II, III, and IV.

No. 88-6677. Horace Butler, Petitioner v. Kenneth D. McKellar, Warden, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Brennan with whom Justice Marshall joins, and with whom Justice Blackmun and Justice

Stevens join as to parts I, II, and III.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Kimberly Ann Crnich Arlington, VA Judy Lyons Wolf Virginia Gute Newport Beach, Robert E. CA Redding Robert Lee Nelson Jr. San Francisco, CA Robert E. Redding Philip Karter Washington, DC Shirley D. Peterson Andrew David Plepler Washington, DC Shirley D. Peterson Deborah Stan* Meland Washington, DC Shirley D. Peterson 458 MONDAY. MARCH 5. 1990

Applicant City and State Movant

Daniel Michael Houlf Washington, DC Shirley D. Peterson Thomas J. Clark Washington, DC Shirley D. Peterson Jared Ward Ingersoll Spring Grove, PA Alan M. Cashman Michael Chapman Baldauff York, PA Alan M Cashman Douglas Ray Bare York, PA Alan M. Cashman John G. Bergdoll III York, PA Alan M. Cashman Jeffrey T. Bitzer York PA Alan M CaciViman

Penny Lee Blackwell York PA Alan M V^ctolllIIctll

Robert L. Cable York PA Alan M KyaSlllllallPflQliman Charles Bennett Calkins York PA Alan M C a < Vim an

Robert Clofine York PA Alan M CakjcLldl^hmanLilian ^ Maria Musti Cook York, PA mailAlan itMj.. Cs\\jaZ5lllLLallVim an Kenneth Lee Eckard York, PA Alan M. Cashman Robert D. Glessner York, PA Alan M. Cashman Edward Josephus Hanson York, PA Alan M. Cashman Jr. Andrew Freeman Kagen York, PA Alan M. Cashman Michelle Carolynn Kahan York, PA Alan M. Cashman Dante James Picciano York, PA Alan M. Cashman Janis M. Rozelle York, PA Alan M. Cashman Walter A. Tilley III York, PA Alan M. Cashman Rebecca Nelson Tortorici York, PA Alan M. Cashman Michael John Jones Greenwich, CT Daniel Robert Coquillette James Joseph Lawlor Waterbury, CT Daniel Robert Coquillette Elizabeth Barrett Boston, MA Daniel Robert Coquillette Charles S. Belsky South Hadley, MA Daniel Robert Coquillette Gwen Bloomingdale Boston, MA Daniel Robert Coquillette

Herbert J. Bober Worcester, MA Daniel Robert Coquillette John M. Callahan Northampton, MA Daniel Robert Coquillette MONDAY. MARCH 5. 1990 459

Applicant City and State Movant

Richard A. Cella Leominster, MA Daniel Robert Coquillette Russell Frank Conn Boston, MA Daniel Robert Coquillette Debra D. DeVaughn Boston, MA Daniel Robert Coquillette Frank K. Duffy Jr. Falmouth, MA Daniel Robert Coquillette Robert Salmon Farrmgton Boston, MA Daniel Robert Jr. Coquillette John D. Frumer Boston, MA Daniel Robert Coquillette James Goldberg Rehoboth, MA Daniel Robert Coquillette Edward A. Gottlieb Boston, MA Daniel Robert Coquillette Michael Raymond Greene Boston, MA Daniel Robert Coquillette L. Joyce Hampers Boston, MA Daniel Robert Coquillette Mabel Elizabeth Hancock Temple Hills, MD Daniel Robert Coquillette Daniel A. Healy Jr. Chaham, MA Daniel Robert Coquillette Maria Hickey Jacobson Worcester, MA Daniel Robert Coquillette Daniel J. Johnedis Woburn, MA Daniel Robert Coquillette James Francis Kavanaugh Boston, MA Daniel Robert Jr. Coquillette

H If • 1 ITT" H IT jj 1 Michael K. Mattchen Boston, MA Daniel Robert Coquillette John J. McHugh Waltham, MA Daniel Robert Coquillette Christopher George Mehne Worcester, MA Daniel Robert Coquillette Edwin R. Milan Boston, MA Daniel Robert Coquillette 460 MONDAY. MARCH 5. 1990

Applicant City and State Movant

Richard J. Monahan Waltham, MA Daniel Robert Coquillette John M. Moran Boston, MA Daniel Robert Coquillette Nicholas Sams Newburyport, Daniel Robert MA Coquillette Robert W. Welch Salem, MA Daniel Robert Coquillette Laurel G. Yancey Washington, DC Daniel Robert Coquillette James E. Fortin Casco, ME Daniel Robert Coquillette Marcel R. Viger Biddeford, ME Daniel Robert Coquillette Peter Dobkin Goldstein New York, NY Daniel Robert Coquillette Jane Louise Greenlaw Rochester, NY Daniel Robert Coquillette Richard Edward Allegany, NY Daniel Robert Hasselbach Coquillette Stephen Robert Rubenstein Springfield, VA Daniel Robert Coquillette

Nicholas J. Lisi Philadelphia, PA Daniel Robert Coquillette Walter L. McDonough Philadelphia, PA Daniel Robert Coquillette Peter Brent Regan Newport, RI Daniel Robert Coquillette Anthony M. Helm Carmel, CA William Kent Suter Gaylen G. Whatcott Mesa, AZ William Kent Suter Michael Duane Austin Pensacola, FL William Kent Suter Aletha Helen Pack Barnett Nashville, TN William Kent Suter

Daniel J. Deneau San Francisco, CA William Kent Suter ,

MONDAY. MARCH 5. 1990

Applicant City and State Movant

• Virginia Patton Prugh urincia, la William Kent Suter

Leroy L. .bryant ill Miami, r L« William Kent outei James Cole Cartledge vjrimn, kjA William Kent ouiei

Natalie Lewis Griffin r anama uiiy, r .l William Kent outei William Peter Hollerich Charlottesville William Kent VAVn ouiei

Nicholas John Greanias uecaiui , lli William Kent OuLcl Damien Xavier Walsh Piedmont, CA William Kent Suter

ivioitimei unaiies onea ji. oiaien isianci, in i William Kent ouiei Vincent DePaul Zahnle Bloomington, IN William Kent ouiei

T?llTTT/-w/-vr1 Plfir "DA James Philip Calve rjiiwooa v-yity, rA William Kent OULcI - r rancis Kichard Short Charlottesville, William Kent VAVri John Bedford Hoffman West Bloomfield, William Kent

1V11MT outei

1\/| \T Kaymarie Colaizy Minneapolis,l\/T mnAnrvnlin Mrs William Kent ouiei

James Eugene Meyen ui lanao, r L/ William Kent Suter

Qoiv-cf T Ain'c ]\/r (~\ 1 aul Leo bnyders oaint .louis, iviu William Kent Suter

r rederick Kennedy III r earl Kivei , in i William Kent O U LCI Robert E. Breckenridge II Lincoln, NE William Kent Suter David Bruce Howlett Charlottesville, William Kent VA Suter Robert Lyn Duecaster Columbus, OH William Kent Suter 462 MONDAY. MARCH 5. 1990

Applicant City and State Movant

Maureen Elizabeth Gilmore Park Hills, KY William Kent Suter Randy Lynn Woolf Salem, OR William Kent Suter Wendell Alexander Hollis Sacramento, CA William Kent Suter Kevin Gerard MacCary Floral Park, NY William Kent Suter Roger D. Washington Woodbridge, VA William Kent Suter Diana Moore Jonesborough, TN William Kent Suter John Anthony Bukauskas Corpus Christi, William Kent TX Suter Mark James Christensen Houston, TX William Kent Suter Karl Michael Goetzke San Antonio, TX William Kent Suter Alain C. Balmanno Chicago, IL William Kent Suter Richard A. Jaynes Georgetown, CA William Kent Suter Clark Alan Price Ogden, UT William Kent Suter Quinton Vonette Bowman Charlottesville, William Kent VA Suter Douglas Paul DeMoss Charlottesville, William Kent VA Suter Joseph Alan Ridenour Charlottesville, William Kent VA Suter Lawrence Jude Morris Rockville, MD William Kent Suter Steven Warren Myhre Charlottesville, William Kent VA Suter

Adjourned until Monday, March 19, 1990 at 10 o'clock. x (JOURNAL) TUESDAY. MARCH 6. 1990 463 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 89-6785. Harvey Lee Heishman, III, Petitioner v. California. The application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.

(JOURNAL) FRIDAY. MARCH 16. 1990 465 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Cases

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. The motion of the Solicitor General to expedite consideration of the jurisdic- tional statements is granted to the extent that motions to dismiss or affirm shall be received by the Clerk on or before noon, Monday, March 26, 1990.

(JOURNAL) MONDAY. MARCH 19. 1990 467 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally." Certiorari— Summary Disposition

No. 88-6277. Elton Ozell McLaughlin, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Caro- lina. 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 North Caro- lina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6348. Oscar Lloyd, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6450. Timothy Lanier Allen, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6480. Jerry Ray Cummings, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6682. Elwell Barnes, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The 468 MONDAY. MARCH 19. 1990 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 North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6683. Michael Lee Fullwood, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Caro- lina. 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 North Caro- lina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-6684. Henry Lee Hunt, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 88-7306. Gary Dean Greene, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in foi~ma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 89-1297. International Union of Operating Engineers, Local 406, et al. , Petitioners v. Robert Guidry . 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 Breininger v. Sheet Metal Workers

International Association Local Union No. 6, 493 U. S. (1989).

No. 89-5837. Wayne Alan Laws, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990). MONDAY, MARCH 19, 1990 469

No. 89-6077. Michael Ray Quesinberry, Petitioner v. North Caro- lina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Caro- lina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990).

No. 89-6526. Roscoe Artis, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990). Orders in Pending Cases

No. — . Jerome Baker, Petitioner v. James A. Gondles, Sheriff, Ar- lington County Jail, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Jimmy Lee Hickson, Petitioner v. Jim Bowles, Sheriff. The motion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied.

No. A-591. Robert J. Neville, Applicant v. Appellate Division, Supreme Court of New York, Second Judicial Department. The application for stay of proceedings addressed to Justice Brennan and referred to the Court is denied. No. D-843. In the Matter of Disbarment of Lawrence Brown. Dis- barment order entered. No. D-850. In the Matter of James Robert Morrison, III. James R. Morrison, III, of Alton, Illinois, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on January 16, 1990, is hereby discharged. No. D-853. In the Matter of Disbarment of Richard D. Jones. The motion to defer further proceedings is granted.

No. D-876. In the Matter of Disbarment of Thomas P. Tobin. It is ordered that Thomas P. Tobin, of Lloyd Harbor, 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. 470 MONDAY, MARCH 19, 1990

No. D-877. In the Matter of Disbarment of Jack B. Solerwitz. It is ordered that Jack B. Solerwitz, of Brookville, 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. 88-2109. Kansas and Missouri, etc. Petitioners v. Kansas Power & Light Company, et al. The motion of Nancy Allevato, Personal Rep- resentative of Michael J. Ferrantino, Sr., Deceased, for leave to file a brief as amicus curiae is granted.

No. 89-453. Metro Broadcasting, Inc., Petitioners. Federal Commu- nications Commission, et al. The motion of respondent Rainbow Broad- casting Company for divided argument is granted. No. 89-504. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Marilyn Finkelstein. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 89-901. W. R. Grace & Co. - Conn., Petitioner v. Department of Revenue of Montana, et al. The motion of respondents for damages and costs is denied.

No. 89-1303. Reserve Life Insurance Company, Petitioner v. Patri- cia Stephenson Eichenseer. The application for recall and stay of the mandate of the United States Court of Appeals for the Fifth Circuit presented to Justice White and by him referred to the Court is granted and it is ordered that the mandate is stayed pending final disposition of the petition for a writ of certiorari.

No. 89-5691. Frasiel L. Hughey, Petitioner v. United States. The motion of Insurance Crime Prevention Institute, et al. for leave to file a brief as amici curiae is granted.

No. 89-5809. Robert Sawyer, Petitioner v. Larry Smith, Interim Warden. The motion of Stephen H. Sachs, et al. for leave to file a brief as amici curiae is granted.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Administra- tion, et al. The motion for appointment of counsel is granted and it is ordered that Jon R. Ker, Esquire, of Hewitt, Texas, is appointed to serve as counsel for the petitioner in this case.

No. 89-6461. Carl Jackson, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections. The application for a stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, MARCH 19, 1990 471

No. 89-6560. Ronald Steven Mintz, Petitioner v. Supreme Court of California. The motion of petitioner for leave to proceed in forma pau-

peris is denied. Petitioner is allowed until April 9, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Certiorari Granted

No. 89-964. Raymond J. Moskal, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 89-1166. Arthur Groves, Bobby J. Evans and Local 771, Inter-

national Union UAW, Petitioners v. Ring Screw Works, Ferndale Fas- tener Division. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 89-811. Marvin Neiman, dba Concourse Nursing Home, Peti-

tioner v. Louis W. Sullivan, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-870. Kiesel Company, Inc., Petitioner v. Kimberly House- holder, Special Agent, Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-914. National Posters, Inc., et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-931. Portland Audubon Society, et al., Petitioners v. Manuel

Lujan, Jr., Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-973. Annmarie Lowe, et al, Petitioners v. Commack Union Free School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-977. Michael E. Ballard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 472 MONDAY. MARCH 19. 1990

No. 89-985. Justo Enrique Jay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-986. Julia A. Lucas, Petitioner v. Samuel K. Skinner, Secre- tary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-992. Certified Plaintiff Class in MDL-250, Petitioner v. Fold- ing Carton Reserve Fund, et al.;

No. 89-1081. Folding Carton Administration Committee, et al., Peti- tioners v. Folding Carton Reserve Fund, et al.; and

No. 89-1097. United States, Petitioner v. Folding Carton Reserve

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

No. 89-1002. Richard L. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-1012. Sam A. Fiorella and Shades Ridge Holding Company,

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

No. 89-1022. Pepsico, Inc., Petitioner v. Clinton Sharp. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 89-1030. Gwendolyn Brown, Petitioner v. James G. Ledbetter,

Commissioner, Georgia Department of Human Resources, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1037. Xemas, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1043. William W. Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1044. Ocean State Physicians Health Plan, Inc., et al, Peti- tioners v. Blue Cross and Blue Shield of Rhode Island. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1049. Janet M. Danese, etc., et al, Petitioners v. Thomas A.

Asman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MARCH 19. 1990 473

No. 89-1112. Washington Metropolitan Area Transit Authority, Pe- titioner v. Eleanor T. Johnson, et vir. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1114. Betty Donaldson, et al., Petitioners v. Hopkins Town- ship, Illinois, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-1123. Harry E. Fleischhauer, et al., Petitioners v. C. Elvin

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

No. 89-1130. Jerry Russell, Jr., Petitioner v. Louis W. Sullivan, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1134. Tuvia Ben Shmuel Yosef, Petitioner v. Passamaquoddy

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

No. 89-1136. Ronald McDonnell, Petitioner v. Board of Commission- ers, Canyon County, Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 89-1138. David Vincent Steele, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-1139. Local 827, International Brotherhood of Electrical

Workers, Petitioner v. Edna Trad, John T. Dixon and Marjorie E. Simms. Petition for writ of certiorari to the Superior Court of New Jer- sey, Appellate Division, denied.

No. 89-1144. Ernest E. Sargent, et al, Petitioners v. Paine Webber

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

No. 89-1145. Linda McCracken, Petitioner v. City of College Park,

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

No. 89-1150. Blue Cross and Blue Shield of Maryland, Inc., Peti- tioner v. Robert Weiner, Sr., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 89-1153. Florida, Petitioner v. Doy James Christian; and

No. 89-6462. Doy James Christian, Petitioner v. Florida. Petitions for writs of certiorari to the Supreme Court of Florida denied. 474 MONDAY, MARCH 19. 1990

No. 89-1155. James D. Thomas, Petitioner v. John Carpenter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1169. Margaret B. Comora, etc., et al., Petitioners v. Irvin Radell, etc., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 89-1174. Richard G. Hirsch, Testamentary Executor of the Suc- cession of Jeanne Godchaux, Widow of Ariel B. Newman, Jr., et al.,

Petitioners v. City of New Orleans, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 89-1180. Michael D. Barrett, et al, Petitioners v. Continental Illinois National Bank and Trust Company of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-1181. Burlington Northern Railroad Company Employees,

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

No. 89-1183. Alfred Trumpold, et ux., Petitioners v. Robert Besch, et al. Petition for writ of certiorari to the Appellate Court of Connecti- cut denied.

No. 89-1184. Jerome Lacke, et al, Petitioners v. Cheryll Gray, fka Cheryll Lengyel. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1185. Puerto Rico Aqueduct and Sewer Authority, et al., Pe- titioners v. Comite Pro Rescate de la Salud, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-1187. Banff, Ltd., fka Sweater Bee by Banff, Ltd., Petitioner v. Salant Corp., successor in interest to both Manhattan Industries, Inc. and Bayard Shirt Corp. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1188. James C. Kelly, Petitioner v. S. Ray Gill, State Attor- ney, Fifth Judicial Circuit of Florida, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

No. 89-1190. Amazing Stores, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1196. Clement J. Pacyna, Petitioner v. Lee G. Greenley, et al. Petition for writ of certiorari to the Supreme Court of New York, Erie County, denied. MONDAY, MARCH 19, 1990 475

No. 89-1199. Rodney F. Stich, Petitioner v. United States Bank- ruptcy Court for the Northern District of California (Jerome E. Robert- son, et al., Real Parties in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1200. Paul Dohr, Sr., Personal Representative of Estate of

Elaine A. Dohr, Deceased, Petitioner v. Gerald R. Provencal, et al. Pe- tition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-1202. Nancy L. Folstad, et al., Petitioners v. Illinois State Board of Investment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1204. United States Department of Defense, Petitioner v. National Security Archive. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1205. Phillip Howard Calvert, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-1207. PMI Petroleum Marketers, Inc., et al., Petitioners v. Getty Petroleum Corp. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1208. Local 530 of Operative Plasterers and Cement Masons

International Association, Petitioner v. Drywall Tapers and Pointers of Greater New York, Local 1974. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1210. Janet Harduvel, et al., Petitioners v. General Dynamics Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1211. John Marshall Cogswell, Petitioner v. Colorado. Peti- tion for writ of certiorari to the Supreme Court of Colorado denied.

No. 89-1213. Cinema Blue of Charlotte, Inc., et al., Petitioners v. Peter S. Gilchrist, III, District Attorney of the 26th Prosecutorial District, North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1214. Orthokinetics, Inc., et al., Petitioners v. Penox Tech- nologies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1222. Pervese Ahktar, dba Circle Mobile, Petitioner v. Bird Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 476 MONDAY. MARCH 19, 1990

No. 89-1224. James P. Youngberg, dba Maki, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1227. CSXT, Inc., Petitioner v. James J. Pitz, Director, De- partment of Transportation of Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1229. Lori J. Jasso, Petitioner v. Sherry A. Finney. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-1231. David Suifong Fan, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-1235. Donald B. Lander, et ux., Petitioners v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 89-1236. Board of County Commissioners, Lawrence County,

Ohio, Petitioner v. L. Robert Kimball and Associates. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1237. Gogolin + Stelter, Petitioner v. First City Bank, Bel- laire, N.A. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1239. Samuel G. Chia, Petitioner v. Manual Lujan, Jr., Secre- tary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1244. Steven J. Sharp, Petitioners. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 89-1245. Robert Cohen, individually and as a Partner of Simon

Cohen Real Estate & Management Co., et al., Petitioners v. Robert J.

Reed, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-1248. Helmut A. J. Rampp, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1251. Curtis L. Wrenn, Petitioner v. Louis Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1260. Dennis R. Baur, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MARCH 19. 1990 477

No. 89-1266. Charles Chamberlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1271. Shirley L. Jupin, Petitioner v. Samuel Stetzer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1278. Leonard Merkow, Petitioner v. John C. Lawn, Admin- istrator of the Drug Enforcement Administration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1292. Karl Robert Byers, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1301. Marshall P. Safir, Petitioner v. United States Lines,

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

No. 89-5448. Elsworth L. Groff, Jr., Petitioner v. Wayne G. Hum- mer, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5924. Michael Robtoy, Petitioner v. William Callahan, Super- intendent, McNeil Island Correction Facility; and

No. 89-5925. Nedley Norman, Petitioner v. Kenneth DuCharme, Su- perintendent, Washington State Reformatory. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6006. Sam Pilkey, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 89-6083. Willie Davis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6146. Alvin Earl Blackmon, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-6165. Webster Salasker Lucas, Petitioner v. William Bunnell,

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

No. 89-6176. Robert Zane Curl, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. 478 MONDAY. MARCH 19. 1990

No. 89-6178. Thomas Lynn Grogg, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-6189. Franklin Leon Blige, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6279. Jose Jader Alvarez Moreno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6285. Olivia Chambers, Petitioner v. Office of Federal Con- tract Compliance Programs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6290. Dennis Ray Xethakis, Petitioner v. Thomas A. Fulcomer, Superintendent, State Correctional Institution at Hunting- don, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6293. Reemberto Vladimir Ferrel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6305. Gail L. Watson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Noble County, denied.

No. 89-6316. Marilyn Jean Buck, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6425. John Webster Flanagan, Petitioner v. United States

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

No. 89-6447. Boyd E. Graves, Petitioner v. Careercom Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6451. Joseph M. Wasko, Petitioner v. Municipal Court of San Luis Obispo. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6452. Robert F. Burson, Jr., Petitioner v. Curtis K. Scott, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-6454. Billy F. Trammell, Petitioner u W. C. Berry, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. MARCH 19. 1990 479

No. 89-6456. Robert Saunders, Petitioner v. John Sullivan, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6457. Carolyn Renee Wright, Petitioner v. Liz Howse, Parole Officer, Georgia State Board of Pardons and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 89-6464. Darold Burroughs, Petitioners Hertz Rent-A-Car. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6466. Jerry Leronzo Eakins, Petitioner v. Robert LeCureux, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6469. Kevin Bennett, Petitioner v. Don Tweedale, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6470. Allen W. Eldridge, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6472. Charles D. Feraci, Petitioner v. Larry Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6479. Jessie Mae Suttles, Administratrix of the Estate of

Wadie E. Suttles, Sr., Deceased, Petitioner v. City of Chattanooga, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-6488. Jon Theophile, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6491. Eric Victor Esteves, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-6496. Theodore Daniel Przybycszewski, Petitioner v. Bushi Bubba. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-6498. Ricardo Beas, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-6501. Lonnie Hannah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 480 MONDAY. MARCH 19. 1990

No. 89-6502. Gonzalo Fernos-Lopez, Petitioner v. Eloisa Figarella- Lopez. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.

No. 89-6504. William Sullivan, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 89-6505. Fred Whitaker, Petitioner v. Superior Court of Califor- nia, County of Alameda (Bay Area Rapid Transit, Real Party in Inter- est). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6506. Fred A. Whitaker, Petitioner v. Superior Court of Cali- fornia, County of Alameda (Donald R. Pascarella, Real Party in Inter- est). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6511. N. K. Fields, Petitioner u Paul Steinbrenner, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6519. Terry N. Marsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6521. Thomas McRoy, Petitioner v. Walter Fogg, Superin- tendent, Coxsackie Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6522. Louis Darnell Allen, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6527. Howard LeRoy Hobbs, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6528. Mariano Carrion-Collazo, Petitioner v. Howard C. Beyer, Superintendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6529. Jerry E. Easley, Petitioner v. Dan A. McAnulty, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6533. Gary D. Gillespie, Petitioner v. West Virginia. Petition for writ of certiorari to the Circuit Court of West Virginia, Pleasants County, denied. MONDAY. MARCH 19. 1990 481

No. 89-6534. Carl Edwin Case, Petitioner v. Eloy Mondragon, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6537. Martin Edward Lewis, Petitioner v. Henry Russe, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-6541. Darryl Watts, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate Dis- trict, denied. No. 89-6542. Jimmie Phillips, aka Abdullah Ramadan Shabazz, Peti- tioner v. Oklahoma. Petition for writ of certiorari to the Court of Crimi- nal Appeals of Oklahoma denied.

No. 89-6543. Annabelle Rivera, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6544. James Robert Scott, Petitioner v. Benny Heath, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6550. Francis O'Halloran, Petitioner v. Joseph M. Ryan, Su- perintendent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89^6552. Ernest Alford Hummel, Petitioner v. A. R. Jago, Su- perintendent, London Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6553. Martha B. Gaunce, Petitioner v. Clair W. Burgener, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6555. Larry Ray Hutcherson, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6556. Henry L. McCone, Petitioner v. Sagebrush Properties,

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

No. 89-6557. Ronald L. Mindek, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Court of Common Pleas of Pennsylvania, Washington County, denied.

No. 89-6558. James Harding, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. 482 MONDAY. MARCH 19. 1990

No. 89-6566. Grayling B. Dice, Petitioner v. David L. Trippett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6567. Johnny E. Almond, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6568. Michael L. Coleman, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-6569. Stanley Dillard, Petitioner v. David Owens, Commis- sioner of Corrections, Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6570. Clarence J. Sutton, Petitioner v. Maryland, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6575. Arthur Lee Barley, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6578. Joel Smitherman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6580. John Weathersby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6588. Charlie Lee Motton, Petitioner v. Mann's Wrecker Service. Petition for writ of certiorari to the Supreme Court of Tennes- see, Western Division, denied.

No. 89-6590. James M. Harris, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6593. Fred W. Lawrence, Petitioner v. Russell Moody, Superintendent, Wildwood Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6599. Darl Corn, Petitioner v. James Knauf, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6601. Sage Poodry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, MARCH 19. 1990 483

No. 89-6602. Brett C. Kimberlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6610. James R. Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6611. Troy A. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6612. Saul Gutierrez-Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6616. Arnoldo Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6617. Mohammed Khaled Saeid, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6623. Joseph O'Neill, Petitioner v. Thomas Fulcomer, Super- intendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-6625. Sylvester Millines, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6630. Bill Wayne Jameson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6631. Walter Moray Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6632. Mark L. Dyer, Petitioner v. Ralph Evitts, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6638. Kurt Max Wilfried Miller, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6639. John Kim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 484 MONDAY. MARCH 19. 1990

No. 89-6641. Arthur Braggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6642. John Patrick Doolan, Petitioner r. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6643. Larry O'Neal Franklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6649. Carlos Martins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6652. Anthony R. Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6658. Tellis Edwards, Petitioner v. Bill Wallace, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6666. Robert Sheehan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6668. Ricky Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6670. Alex Rodger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6683. Bobby Ray Finch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6686. Charlie Kirkland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-6695. Paul W. Coleman, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6699. Arnold Norman Fant, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. MARCH 19. 1990 485

No. 89-6710. Alvin Peterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-6717. Gary M. Medley, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6728. Bradley S. Hanson, Petitioner v. Gary R. McCaughtry, Superintendent, Waupun Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6730. Irma Hernandez De Araujo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-6881. Anthony Cornell Bean, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7133. Keith Edward Adcox, 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. 88-7246. Roderick Herman Frey, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7488. Marvin Pete Walker, 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. 88-7562. Eric Kimble, Petitioner v. Dan Vasquez, Warden. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5201. Calvin Coleman, Jr., 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. 89-5257. James Willis Johnson, 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. 89-5444. William George Bonin, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Brennan and Justice Marshall. 486 MONDAY. MARCH 19. 1990

No. 89-5515. John R. Hicks, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5621. Richard E. Grant, Petitioner v. Dan Vasquez, Warden. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5892. Benjamin Wai Silva, 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. 89-5898. Andre Burton, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5997. Charles E. McDowell, Jr., Petitioner v. California. Pe- tition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5998. Michael Allen Hamilton, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6181. Michael Lee McCormick, 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. 89-6194. Robert M. Bloom, Jr., 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. 89-6213. Darnell Lucky, Petitioner v. Daniel Vasquez, Warden. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6253. Robert L. Massie, Petitioner v. Michael Hennessey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6284. Gary Johnson, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6322. Richard Donald Foster, 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. MONDAY. MARCH 19. 1990 487

No. 89-6342. Malcolm Robbins, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6532. Warren Wesley Summerlin, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Superior Court of Arizona, Maricopa County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6547. Ian Deco Lightbourne, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6584. Roy Roberts, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7381. William George Bonin, Petitioner v. California. The petition for writ of certiorari Supreme Court of California denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 89-773. Tennessee, Petitioner v. Sam Pilkey. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied.

No. 89-1182. Kentucky, Petitioner v. Charles David Johnson. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-882. Clarke County, Georgia School District, Petitioner v. Drew P. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 89-1189. Floyd Brock, et ux., individually and as next friend of

Rachel Brock, a minor, Petitioners v. Merrell Dow Pharmaceuticals, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari. No. 89-1016. Rafael Hernandez Colon, Individually and as Governor

of Puerto Rico, et al., Petitioners v. Carlos Morales Feliciano, et al. The

motion of respondents Pedro Rivera Ortiz, 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 First Circuit denied. 488 MONDAY, MARCH 19. 1990

No. 89-1318. Martha H. Egly and MichaelJ. Manchester, Petitioners v. Minnesota Mining and Manufacturing Co. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 89-6347. Frank Smith, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections, et al. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Blackmun dissents and would grant certiorari.

No. 89-5629. James Granvil Wallace, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Justice O'Con- nor took no part in the consideration or decision of this petition.

Mandamus Denied

No. 89-6455. In Re Michael John Warren, Petitioner; and No. 89-6492. In Re Monte Walker, Petitioner. The petitions for writs of mandamus are denied. No. 89-927. In Re Hubert L. Will, Senior Judge, United States Dis- trict Court for the Northern District of Illinois, Petitioner. The motion of Loyola University of Chicago School of Law for leave to file a brief as amicus curiae is granted. The motion of Hans Zeisel for leave to file a brief as amicus curiae is granted. The petition for mandamus or prohibition or certiorari is denied. No. 89-6551. In Re James L. Martin, Petitioner; and No. 89-6594. In Re James L. Martin, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

Rehearings Denied

No. 88-5050. Daniel Holland, Petitioner v. Illinois;

No. 88-6995. Charles Edward Moore, Petitioner v. California;

No. 89-820. Marion Kindig, Petitioner v. Pan American World Air- ways, Inc., et al.;

No. 89-897. Kenneth C. Grimes, Petitioner v. Louisville and Nash- ville Railroad Company;

No. 89-5452. Ronald D. Weaver, Petitioner v. William Sheaffer, et al.; and MONDAY. MARCH 19. 199< 489

No. 89-5784. Raymond C. Bowyer, Petitioner v. United States Air

Force, et al. The petitions for rehearing are denied.

No. 88-2137. Michael McMonagle, et al., Petitioners v. Northeast Women's Center, Inc. The motion for leave to file a petition for rehear-

ing is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Edwin D. Abel Oklahoma City, Robert Louis OK Huckaby Herbert L. Allen Orlando, FL Ava K. Dopppelt Margaret Elise Alverson New York, NY Barry Ivan Slotnick Gregory Dyer Anderson San Antonio, TX Dorwin W. Suttle Stephen Joseph Anderson Atlanta, GA William Emslie Sumner Stephen T. Arnold Texarkana, AR Charles Decker Barnette Ralph Bailey Greenville, SC Wesley M. Walker Gary A. Barnes Atlanta, GA David Henry Gambrell Barton A. Bixenstine Cleveland, OH Thomas H. Barnard Mark Kenneth Blank Washington, DC Lois Eve Bruckner Robert Edward Lee Portland, OR Arden E. Shenker Bonaparte Terry M. Boudreaux Gretna, LA John Mitchell Mamoulides Herbert Layton Borland Longview, TX T. John Ward William C. Adrian Boyle York, PA Alan M. Cashman Patrick S. Brady Seattle, WA Ronald T. Schaps Ralph Lee Brooks Anniston, AL Fred Ray Lybrand Mark W. Bubak Omaha, NE Walter Russell Bowie III Frank W. Buck Cleveland, OH Thomas H. Barnard Kathleen A. Carlson Colorado Springs. Lance Michael CO Sears 490 MONDAY. MARCH 19. 1990

Applicant Citv and State

Timothy John Carmel San Luis Obispo, Roger Thomas CA Picquet

John Will Caylor Hunts ville, AL Robert Sellers Smith Robert Glenn Chachvick Jr Dallas. TX Ronald M. Gaswirth Steven Jav Chananie White Plains, NY Richard Corper Laskey Grover Lee Chicoine Des Moines, IA John D. Hintze Geoffrey David Cohen Fort Lauderdale, Robert Owen Dale FL Ross Ira B. Colvin Jr Reform, AL William Oliver Kirk Jr.

Kevin J. Connell Newark, NJ Andrew T. Berry Christopher C. Conner Harrisburg, PA Daniel Lawrence Sullivan Edward F. Connors III Alexandria, VA Hugh Nugent Terence S. Cox San Francisco, CA Ernest N. Reddick, III Saone Baron Crocker Washington, DC Carl R. Schenker Jr. Christopher Cueto Belleville, IL Thomas M. Daley John Robert Cullom Kansas City, MO Robert John Edwards

T Ellis Rexwood Curry Tampa, FL Frederick W iley Vollrath Ronny L. Cutshall Salt Lake City, Randon Whittle UT Wilson James Ray Dankenbring St. Louis, MO Martin M. Green W. Emory Daugherty Boca Raon, FL Edward Francis Canfield

Douglas J. Del Tondo Los Angeles, CA Victor Lynn Smith Larry E. Denney Jacksonville, FL Curtis S. Fallgatter Kirk Hugh Doan Kansas City, MO Norman E. Beal Christine L. Donohue Pittsburgh, PA Edwin L. Klett MONDAY. MARCH 19. 1990 491

Applicant City and State Movant

Kenneth David Driggs Madison, WI Joan Fowler

Lawrence Forrest Ebb Washington, DC Walter J. Rockier Elizabeth A. Edmonds Washington. DC Dianne Hall Kelly Jay E. Emerson Jr. Huntsville, AL William Thomas Galloway Jr. Michael Robert Emery Fort Lauderdale. Jack Stein FL Chai Rachel Feldblum Washington, DC Honorable Harry A. Blackmun. Associate Justice of the Supreme Court David M. Feldman Houston. TX William Carl Jordan

Richard Charles Fiocchi Ladd, IL William J. Wimbiscus Jr. Angela Ely Fitzgerald Washington, DC David B. Fitzgerald James A. Frazier Piano, TX George Roland Brian Carter Gallagher Hackensack, NJ Leonard Peter Rosa David Wayne Garland Morristown, NJ Nicholas deB. Katzenbach John R. Getz Baltimore, MD Ara M. Crowe Jr. Phillip H. Ginsberg Seattle. WA Ronald T. Schaps James C. Gooch Nashville, TN Steven Allen Riley Annabelle Whiting Hall Reno, NV Norman Patrick Flanagan III William Mouat Hannay III Chicago, IL Mitchell Sheridan Rieger James F. Hart Boston, MA Robert H. Quinn Patricia C. Hayashi New York. NY Richard Lane Bond Michael Phillip Haymans Punta Gorda, FL Earl Drayton Farr. Jr

David J. Healev Houston. TX Morton L. Susman 492 MONDAY. MARCH 19. 199'

Applicant City and State Movant

Nancy Becker Hewes Atlanta. GA William H. Becker

D. David Hill Chicago. IL Timothy J. Malloy Jefferson Johnson Irvin San Antonio, TX William G. Keiler Ramon Rivera Iturbe San Juan, PR Arturo Aponte Pares John E. Iverson Seattle. WA James Michael Shaker Nancy P. Jacklin New York. NY Arnold M. Lerman T. Paine Kelly Jr Tampa, FL Nathan Philemon Bryan Simpson Robert Glenn Kern Washington, DC Harold Lee Talisman Deborah Jean Kerns St. Louis, MO Burton H. Shostak Andrew James Kohn Chicago, IL Kenneth Francis Ripple

Lewis J. Korngut Trenton, NJ Robert Ramsey Kurt Donn Krueger Butte, MT Judge Arnold H. Olsen

Laurence S. Kurth San Antonio, TX Brynley James III Robert Walter Landau Anchorage, AK Roger E. Holl Robert S. Lannin Mission, KS Kenneth James Reilly Clifford Thomas Lee San Francisco. CA Roderick Eugene Walston

David J. Lee New York, NY Norman Hazlett B earner

Barbara J. Leidigh Sacramento. CA Roderick Eugene Walston Richard Allen Leydig Jr Fort Lauderdale, Salvat ore FL Dominick Defelice David H. Lichter Miami, FL Michael Nachwalter Tina Liebling Chicago, IL Alison Edwards Robert E. Lux en Dallas, TX James A. Donohoe MONDAY. MARCH 19. 1990 493

Applicant City and State

Franklin Eugene Lvnch Colorado Springs, Lee Wills CO Michael F. Madden Seattle, WA Kenneth 0. Eikenberry Robert Edward Manchester Oklahoma City, Collier Hodge OK Pate Harold Craig Manson Sacramento, CA Marcos E. Kinevan Kenneth E. McDonald Mission Viejo, CA Rosalee Pothier Terry D. McEachern Plainview, TX Mark W. Laney Kevin Patrick McGoff Indianapolis, IN J. Richard Kiefer Eben 0. McNair IV Cleveland. OH Melvin S. Schwarzwald Daniel Barrett McNerney Newport Beach, Christopher Paul CA Kralick Charles Godfrey Miller San Francisco, CA John J. Bartko Dennis Minichello Chicago, IL Warren J. Marwedel Harold Mitnick Bethesda, MD Robert Anthony Jacques Janet T. Munn Miami, FL Joseph P. Klock Jr. Kavona Murdock Ontario, CA Donald Knerr Bjelke Philip Allen Neil San Antonio, TX William G. Keiler Ilene Berenter Nelson Raleigh, NC Michael Travis Payne Arthur C. Nicholson III San Antonio, TX Terry S. Bickerton Samuel Olchvk Washington, DC Matthew Joel Zinn Karl Olson San Francisco, CA Charles W. Kenady Jovan R. Ostojic Chicago IL John W. Hough f^lvrip vnf](]( M*k" ( )\v<-»n Tr IVTnnt" o'nnipr\' AT Edward Hamilton Wilson Jr. Charles S. Painter Sacramento, CA George Edson Murphy Mark C. Pautler Lakewood. CO Donald Earl Mielke 494 MONDAY. MARCH 19. 199<

Applicant City and State Movant

Marie Colleen Pawol Lincoln, NE Royce N. Harper Kevin Atwood Peck Seattle, WA Joseph Peck Stephen W. Perkins Sacramento, CA Allen R. Crown David E. Poisson Washington, DC Richrd J. Durbin Frank Polieelli Utica, NY Kenneth P. Ray Gregory Michael Pollock Topanga, CA S. Myron Klarfeld Jacob Charles Pongetti Columbus, MS James P. Coleman Allen Steven Porter Madison, WI Robert 0. Burr Jr. Thomas R. Powell Wichita, KS Stanley A. Issinghoff Steven Quick-Ruben Tacoma, WA Joseph F. Quinn Michael Clay Quillen Birmingham, AL L. Vastine Stabler Jr. Gary E. Rebenstorf Wichita, KS Stanley A. Issinghoff Edith Marie Reeves Las Cruces, NM Barney James Reeves Ronald Lee Rigg Maysville, KY John J. O'Hara Richard Charlton Roberts Jackson, MS Edward Jones III Currie Jr. Andrew W. Robertson Los Angeles, CA Anthony E. Liebig Robert A. Rosillo Boca Raton, FL Abbey Gail Hairston Susan Kohn Ross Los Angeles, CA Donald C. Smaltz Ruth Becker Roth Los Angeles, CA Frederick Kubik Gerald Charles Russell Maryville, TN Hubert David Patty William D. Salmon Tallahassee, FL James William Sloan Anna-Mari Sarkanen Seattle, WA Timothy K. Ford Andrew H. Sawyer Sacramento, CA Roderick Eugene Walston Thomas Rowe Schwartz St. Louis, MO Thomas Rowe Schwartz Jr. Douglas Alan Seymour Rockville, MD David 0. Godwin, Jr . ..

MONDAY. MARCH 19. lHHu 495

Applicant City and State Movant

IV 1 1 A n O A 1 Gary Lee Shriver r noeniA, riZj iviicnaei j . Bresnehan

Lawrence E. Sizemore UKianoma L/ii\ , W illiam Howard

OK u Di \ an j l

George Wayne Skladal fincnoiage, i\t\ riO\ l 1V1. L. oie Valerie J. Smith ijaiiimoie, iviu J. Joseph Curran

JTr1 Dennis Anthony Sommese oacramento, CA Donald William Fraulob Michael Dudley Sontag iNasnxiiie, n\ ote\ en Alien

niic \ Cnvinrr Peter C. Speers III TY ivouei l riieAdiiuei

11111 IdMl

Edward Hamilton Stevens r iLd\ uiie, lvio IN Ol llldll i-i.

III J_> i ClrtIH.1 Steven R. Strom riaiiioici, Li otepnen j. u i\ein Peter M. Susemihl Colorado Springs, Lance Michael Sears

Michael Andre Swiger zTl1cAcHH.IIA 1 p vQ nrl vilei,a \7AV xTk T-fnwpvrlr±U\\dlv_l JLillULFlint Olldpil O

Howard Alan Tescher r ui l i^duuei udie, ijeiiecuLL r. FT xvueiiiie

Richard Alfonso Tinsley XlOUSLOn, 1A james ua\ is v_oupci -run

Jeffery Dean Troutt OdllLd I C, 1\ 1V± lldl Unl .LyUdilC

oil aiion j l RAofnn Bruce Gregory Tucker JJUblUll, MA1V±/T. i_/clllllc< o . XvUUcl Lo TT 11

-' - • \ ii s~\ l » , i r \ / . ( A M. Wayne Tucker ru\eibicie, K^r\ uon . i_>i own Edward Carl Uehlein Jr Washington, DC Harry Anthony rvlSbeilO

Donnell Van Noppen III rvdici^n, iMv/ IlClll \ x> .

T-'o 1 1 c^i*lt Ti* r dL Lei ^Oll o 1 .

Tdita' ^> i nnon David J. Van Susteren nuuMUii,T-Tniidtnn TYi j\ Jell \ O. \^Ullcll Robert Neil Wadington Chicago, IL Robert John Cooney Robert Benson Walker Washington, DC John R. Sims Jr. Marv Elizabeth Walta Santa Fe, NM George Forest Bingham 496 MONDAY. MARCH 19. 1SKK

Applicant City and State Movant

Kelly Gene Watson Reno, NV Charles W. Spann David Henry Welch Saint Louis, MO John C. Danforth Ross S. Welch Chicago, IL William J. Stevens David Allan Wenner Phoenix, AZ Howard Mark Snyder Larry Edward White Riverside, CA Don C. Brown David E. Wr hittington Placerville, CA Eddie T. Keller J. Calvin Williams Jr Hockessin, DE John Merwin Bader Michael Xavier Wilson Chicago, IL Randolph Noel Stone Thomas J. Wimbiscus Chicago, IL Timothy J. Malloy James L. Winston Washington, DC Walter Elmer Diercks Brian Wolfman Washington, DC Alan B. Morrison Steven Lee WYight Columbia, MO Rick Eugene Temple Robert Scott Wynn Jefferson, OH John G. Cardinal Lucien Collins Young III Caldwell, OH Allan Sherry

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Thomas Graham Eagle Franklin, OH Leslie Scott Landen Linda E. Mosakowski Washington, DC Gilbert Steven Rothenberg Dennis Joel Eichelbaum Dallas, TX Leonard J. Schwartz Theodore Fotios Burtzos Chicago, IL Renee G. Goldfarb Albert William Wallis Boston, MA Benna Ruth Solomon

Oral Arguments

No. S9-255. United States, Petitioner v. Energy Resources Co.,

Inc., et al. Argued by Mr. Alan I. Horowitz for the petitioner and by Mr. Guy B. Moss for the respondents. No. 89-742. James A. Collins, Director, Texas Department of Crimi- nal Justice, Institutional Division, Petitioner c. Carroll F. Youngblood. MONDAY. MARCH 19. 1990 497

Argued by Mr. Charles A. Palmer for the petitioner and by Mr. Jon R. Farrar for the respondent.

No. 88-1260. Citibank, N.A., Petitioner v. Wells Fargo Asia Lim- ited. Argued by Mr. Robert H. Bork for the petitioner, by Mr. Thomas W. Merrill for the United States, as amicus curiae, supporting petitioner, by special leave of Court, and by Mr. Darryl Snider for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. MARCH 20. 1990 499 SUPREME COURT OF THE UNITED STATES

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

"Justice Brennan is not present today. He will participate in the decision of the cases argued today and yesterday on the basis of the briefs and transcripts of argument."

Opinions

No. 88-1951. United States, Petitioner v. Frances L. Dalm. On writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Kennedy. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

No. 88-334. John S. Lytle, Petitioner v. Household Manufacturing, Inc., dba Schwitzer Turbochargers. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment of the Court of Appeals is vacated. The decision of the United States District Court for the Western District of North Carolina with respect to Lytle's Title

VII claims is vacated and the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice Justice O'Connor whom Justice Scalia joins.

No. 88-1719. Chauffeurs, Teamsters and Helpers, Local No. 391, Pe- titioner v. Thomas C. Terry, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Justice Marshall delivered the opinion of the Court except as to Part

III-A. Opinion by Justice Brennan concurring in part and concurring in the judgment. Opinion by Justice Stevens concurring in part and concurring in the judgment. Dissenting opinion by Justice Kennedy with whom Justice O'Connor and Justice Scalia join. 500 TUESDAY. MARCH 20. 1990 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Marcia S. Cohen St. Petersburg. Linda C. Singer FL Jerry Everett Rose Fayetteville, AR A. Carter Hardage Thomas L. Gonzales Washington, DC Michael Davidson Paul Evans Toppins Tuscaloosa, AL Victor McEver Baird Dianne Ruthman Chicago, IL James W. Reilley Christine P. Curran Chicago, IL James W. Reilley

Oral Arguments

No. 89-5383. Mark Howlett, a minor, by and through Elizabeth

Howlett, his mother, natural guardian and next friend, Petitioner v. Scott Rose, as Superintendent of Schools for Pinellas County, Florida, et al. Argued by Mr. Gardner W. Beckett, Jr., for the petitioner and by Mr. Charles Rothfeld for the respondent.

No. 88-2018. Illinois, Petitioner v. Edward Rodriguez. Argued by Mr. Joseph Claps for the petitioner, by Mr. Michael R. Dreeben for the United States, as amicus curiae supporting petitioner, by special leave of Court, and by Mr. James W. Reilly for the respondent.

No. 89-333. California, Petitioner v. Federal Energy Regulatory

Commission, et al. Argued by Mr. Roderick E. Walston for the petitioner and by Mr. Stephen L. Nightingale for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. MARCH 21. 1990 501 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-2035. Adams Fruit Company, Inc., Petitioner v. Ramsford Barrett, et al. On writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Marshall.

No. 88-1993. Robert A. Butterworth, Jr., Attorney General of Flor-

ida, et al., Petitioners v. Michael Smith. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by the Chief Justice. Concurring opinion by Justice Scalia.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Thomas Anthony Hyattsville, MD Gary Michael Scheuermann Pavela Robert P. Brotherton Wichita Falls, TX Graham B. Purcell, Jr.

Oral Arguments

No. 89-369. General Motors Corporation, Petitioner v. United States. Argued by Mr. Theodore L. Garrett for the petitioner and by Mr. Lawrence G. Wallace for the respondent. No. 89-474. William V. Grady, District Attorney of Dutchess

County, Petitioner v. Thomas J. Corbin. Argued by Mrs. Bridget R. Steller for the petitioner and by Mr. Richard T. Farrell for the respondent.

Adjourned until Monday, March 26, 1990 at 10 o'clock. x

(JOURNAL) MONDAY, MARCH 26, 1990 503 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 88-1878. James Saffle, Warden, et al., Petitioners v. Charles William Davis. On petition for writ of certiorari to the United States Court of Appeals for the Tenth 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 Tenth Circuit for further consideration in light of Saffle v. Parks, 494 U. S. (1990). Justice Blackmun and Justice Stevens dissent.

No. 88-7081. Leroy McNeil, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990). Dissenting opinion by Justice Kennedy with whom The Chief Justice, Justice O'Connor and Justice Scalia join.

No. 89-1128. United Transportation Union, Petitioner v. United Transportation Union, Local 74. 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 Cliauffeurs, Teamsters arid Help- ers, Local No. 391 v. Terry, 494 U. S. (1990).

Orders in Pending Cases

No. — . Van L. Brooks, Petitioner v. Secretary of Health and Human Services. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. 504 MONDAY. MARCH 26. 1990

No. A-651. Gerald Lee Walker, Applicant v. State Bar of California. The application for stay addressed to Justice White and referred to the Court is denied. No. D-815. In the Matter of Disbarment of Paul Shimek, Jr. Disbar- ment order entered. No. D-821. In the Matter of Disbarment of Alfred Elliott. Disbar- ment order entered. No. D-844. In the Matter of Disbarment of R. Lewis Ray. Disbar- ment order entered. No. D-849. In the Matter of Disbarment of Edward Norman Reiner. Disbarment order entered. No. D-878. In the Matter of Disbarment of Jeffrey Mark Schwartz. It is ordered that Jeffrey Mark Schwartz, 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-879. In the Matter of Disbarment of Ronald Etheridge Ander- son. It is ordered that Ronald Etheridge Anderson, of Huntington Park, 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-880. In the Matter of Disbarment of Hesper A. Jackson, Jr. It is ordered that Hesper A. Jackson, Jr., of Brooklyn, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-881. In the Matter of Disbarment of Daniel W. Shoemaker. It is ordered that Daniel W. Shoemaker, of Taneytown, 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-882. In the Matter of Disbarment of Thomas W. Tierney. It is ordered that Thomas W. Tierney, of Kansas City, Missouri, 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-883. In the Matter of Disbarment of Barry H. Singer. It is ordered that Barry H. Singer, of New York, New York, be suspended from the practice of law in this Court and that a rule issue, returnable MONDAY. MARCH 26, 1990 505 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-884. In the Matter of Disbarment of Richard J. Sanna. It is ordered that Richard J. Sanna, of Bethpage, 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-885. In the Matter of Disbarment of Sheldon Joel Sanders. It is ordered that Sheldon Joel Sanders, of Lido Beach, 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. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al. The motion of American Auto, Inc. for leave to file a brief as amicus curiae is granted. The motion of The Maritime Law Association of the United States for leave to file a brief as amicus curiae is granted.

No. 88-2109. Kansas and Missouri, etc. Petitioners v. Utilicorp United Inc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-152. Vera M. English, Petitioner v. General Electric Com- pany. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-260. Idaho, Petitioner v. Laura Lee Wright. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-579. Charter Company, Petitioner v. Certified Class in the

Charter Securities Litigation, et al. The motion of the parties to defer further consideration of the petition for a writ of certiorari is granted until May 30, 1990.

No. 89-939. HealthAmerica and Pamela Merle, Petitioners v. Ed- ward Menton. The application for stay pending disposition of a petition for rehearing addressed to Justice O'Connor and referred to the Court is denied.

No. 89-1040. Robert S. Chappell, Petitioner v. United States. The motion of petitioner to dispense with printing the reply brief is granted.

No. 89-1106. Trinova Corporation, Petitioner v. Michigan Depart- ment of Treasury. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 89-5011. Larry Joe Powers, Petitioner v. Ohio. The motion for appointment of counsel is granted and it is ordered that Robert L. 506 MONDAY. MARCH 26, 1990

Lane, Esquire, of Columbus, Ohio, is appointed to serve as counsel for the petitioner in this case.

No. 89-6622. Verlan J. Kliewer, Petitioner v. New Jersey. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until April 16, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Mar- shall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7005. David R. Harris, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is granted pending disposition by this Court of the petition for writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.

Certiorari Granted

No. 89-1080. Board of Education of Oklahoma City Public Schools, Independent School District No. 89, Oklahoma County, Oklahoma, Pe- titioner v. Robert L. Dowell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. No. 89-1215. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, et al., Peti- tioners v. Johnson Controls, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 89-1283. Arcadia, Ohio, et al., Petitioners v. Ohio Power Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 89-839. Arizona, Petitioner v. Oreste C. Fulminante. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Arizona granted.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. MONDAY. MARCH 26. 1990 507

The cases are consolidated and a total of one hour is allotted for oral argument.

No. 89-5900. John R. Rust, Petitioner v. Frank 0. Gunter, et al. Mo- tion of petitioner for leave to proceed in forma pauper is and petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. Certiorari Denied

No. 89-593. Liberty Mutual Insurance Company, et al., Petitioners v. Commissioner of Revenue of Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 89-686. Richard Nevins, et al., Petitioners v. Hoopa Valley Tribe, et al.; and

No. 89-890. Hoopa Valley Tribe, et al., Petitioners v. Richard Nev- ins, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-847. Studio Art Theatre of Evansville, Inc., Petitioner v. In- diana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 89-865. Myrna Trickey, Petitioner v. Larry Coffman. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-877. Ledura Watkins, Petitioner v. Dale Foltz, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-893. Maryland Pest Control Association, et al., Petitioners v.

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

No. 89-902. W. R. Grace & Co.-Conn., et al, Petitioners v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-930. Washington Metropolitan Area Transit Authority, Peti- tioner v. General Railway Signal Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1056. Department of Health Services of California, et al., Pe- titioners v. Citizens Action League, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 508 MONDAY. MARCH 26. 1990

No. 89-1074. Fairchild Industries, Inc., Petitioner v. Diane Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1124. American Booksellers Association, Inc., et al., Petition- ers v. Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1219. Cynthia M. Gilbert, Petitioner v. James Robert Colvert, Jr. Petition for writ of certiorari to the Court of Appeals of Oklahoma, Third Division, denied.

No. 89-1225. LAK, Inc., Petitioner v. Deer Creek Enterprises. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1226. James George Walker, Petitioner v. Suburban Hospital

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

No. 89-1241. Ethel Robinson, et al., Petitioners v. Dinner Bell

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

No. 89-1243. Joseph M. Galloway, et al., Petitioners v. Alan

Zuckert, et al. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 89-1246. Ramsey S. Agan, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-1249. Louis Vitale, et ux., Petitioners v. City of New Haven,

Peter Duranate, Louis Daniels, Joseph Toscano, Eileen I. Ruotolo and

Earl I. Williams. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1256. Curtis Wrenn, Petitioner v. G. Bruce McFadden, individually and as Director, University of Maryland Hospital, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-1257. Virginia McMartin and Peggy Ann Buckey, Petitioners v. Children's Institute International and Kathleen "Kee" MacFarlane. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 89-1259. Ulrich Huyssen, Petitioner v. First Union Home Eq- uity Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, MARCH 26, 1990 509

No. 89-1282. Allister Barker, Petitioner v. City of Philadelphia, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania, denied.

No. 89-1304. Steven Wickersham, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Second District, denied.

No. 89-1338. Wesley William Walter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1347. Grace E. Bessay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1353. R. W. Meyer, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1365. Sergio M. Damiani, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6043. Robert A. Williams, Petitioner v. D. J. McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6108. Malcolm C. Donley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6110. Jack Allen Dale, Petitioner v. Glenn Haeberlin, Acting Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6230. Alvin Parker, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6296. Oreste C. Fulminante, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 89-6300. Clifton Joe Campbell, Petitioner v. Frank H. Horton,

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

No. 89-6312. Gregory Gainer, Petitioner v. Glen Jeffes, Commis- sioner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 510 MONDAY. MARCH 26. 199(

No. 89-6359. Jerry Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6364. Ralph Leon Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6433. Clark Keith Weeks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6572. Darrell Prows, Petitioner v. T. R. Kindt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6574. Frank Leroy Ervin. Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 89-6576. Carol Crockett, Petitioner v. Baptist Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6579. Tammy L. Schmidt, Petitioner v. Iowa. Petition for writ of certiorari to the District Court of Poweshiek County, Iowa, denied.

No. 89-6583. Bailey M. Smith, et ux, Petitioners v. Sooner Federal Savings and Loan Association. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6595. Elden E. Baker, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-6597. Elizabeth Turpin, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-6607. Melvin Leroy Tyler, Petitioner v. Donald Wyrick, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6614. Hiram Ash, Petitioner v. Swest. Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6615. Wayne R. Anderson, Petitioner v. Charles Worden, District Court Judge. Petition for writ of certiorari to the Supreme Court of Kansas denied. MONDAY. MARCH 26. 1990 511

No. 89-6619. Michael Friend, Petitioner v. George Wilson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6620. George McClure, Petitioner v. Joseph F. Mazurkiewicz, Superintendent, State Correctional Institute at Rockview. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6621. Jon Michael Hunter, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth Dis- trict, denied.

No. 89-6627. Waymon Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6628. Deborah Sutherland, et al. v. First National Bank of Commerce, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

No. 89-6629. Anne Magoon, Petitioner v. William Young, Commis- sioner of Social and Rehabilitation Services of Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 89-6637. John R. Lane Jr., aka Haywood Brown, Petitioner v.

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

No. 89-6640. Felton James Ledet, Petitioner v. 15th Judicial District

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

No. 89-6647. Betty Jean Klacsmann, Petitioner v. J. J. Fitch. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6661. Lorenzo Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 89-6662. Dwayne Orlander Hill, Robert DeBarge and Jonathan

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

No. 89-6688. James William McCallum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6691. Paul Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 512 MONDAY. MARCH 26. 1990

No. 89-6707. Paul Espinoza Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6709. Samuel Christopher Golden, Petitioner v. Richard L.

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

No. 89-6726. Richard W. Norton, Petitioner r. Al C. Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6740. Dexter James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6741. Charles Ainsworth Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6746. Willie Major, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6747. Dennis McCrudden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6754. Phillip Grandinetti, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 88-7459. Donald A. Jones, 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. 88-7461. Ronald Raymond Woomer, Petitioner v. Parker Evatt,

Commissioner, South Carolina Department of Corrections, et al. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7555. John Glenn Roe, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5208. Jewel Richard McGee, 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. MONDAY. MARCH 26. 199( 513

No. 89-5478. Brian Keith Moore, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-5624. Andrew Lavern Smith, 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. 89-6003. James L. Strong, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6383. Jesse James Andrews, 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. 89-6385. Mark Andrew Fowler, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6419. Benjamin Brewer, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6538. Cesar Roberto Fierro, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6571. Jeffrey Paul Sloan, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6608. Billy Ray Fox, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6653. Robert Walls, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6785. Harvey Lee Heishman, III, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 89-527. William Callahan, Superintendent, McNeil Island Cor- rection Facility, Petitioner v. Michael Robtoy; and William Callahan,

Superintendent, McNeil Island Correction Facility, Petitioner v. Nedley G. Norman, Jr. The motion of respondents for leave to proceed 514 MONDAY, MARCH 26, 1990

in fomnia pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-707. Ron Simmons, Chairman, Kentucky Parole Board,

et al., Petitioners v. Gene Morris Dunn. 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. 89-1142. Dominic Ferlauto, et al., Petitioners v. New Jersey, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-1254. Thurman V. Whitfield, Petitioner v. Coca Cola Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 89-1258. Jeetendra Bhandari, Petitioner v. First National Bank of Commerce. 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 O'Connor joins.

No. 89-6123. George DelVecchio, Petitoner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

Mandamus Denied

No. 89-6573. In Re John Stephen Gilreath, Petitioner; and No. 89-6705. In Re John Ross, Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 89-6044. Jerry Larry Collier, Petitioner v. David C. Evans, et al. The petition for rehearing is denied. No. 88-6580. Lamar Portwood, aka Michael Tucker and James Jerry

Black, Petitioners v. United States;

No. 89-5819. Stanley Bernard Holmes, Petitioner v. Frank H. Hor- ton, Warden, et al.; and

No. 89-6118. Robert Alston, Petitioner v. William D. Leeke, Com- missioner, South Carolina Department of Corrections, et al. The motions for leave to file petitions for rehearing are denied. MONDAY. MARCH 26. lfM 515 Recess Order

The Court will take a recess from Monday, April 2, 1990 until Mon- day, April 16, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael David Abraham San Francisco, CA John J. Bartko Jeffrey Miles Adams St. Petersburg, Kalvin M. Grove FL Deborah M. Badger Chevy Chase, MD Leland J. Badger Kerwin Charles Bennett Coeur D'Alene, Kenneth B. ID Howard, Jr. Francisco Bernier Negron San Juan, PR Carlos A. Piovanetti Rivera Eleanor Katherine Bratton Albuquerque, NM John R. Cooney James E. Butler Jr Columbus, GA Griffin B. Bell Jr. James Cameron Chalfant Los Angeles, CA Richard Marmaro Robert D. Cheely Atlanta, GA Joseph E. Cheeley, Jr. Jay Conison Chicago, IL Alan Scott Gilbert Jerry Michael Cullen Kansas City, MO James R. Wyrsch Roy M. Dahlberg Sacramento, CA Musawwir Spiegel Janice M. Dansby Oklahoma City, George Miller OK Michael J. Durrschmidt Houston, TX Michael S. Wilk Donald A. Farmer Jr Washington, DC Harold J. Engel William Ward Gerrans Kinston, NC Fred W. Harrison Noah Jacob Gordon New York, NY Jay Harold Ziffer Robert Bruce Green Muskogee. OK Julian K. Fite Frederick Johnson Griffith East Lansing, MI Alphonsus III Christopher Murphy Bruce Edward Hailing Houston, TX George Richard Lambright Clifford B. Hark Miami, FL Leonard Alan Sands C. Dwight Hawks Humboldt, TN John Fuqua Kizer 516 MONDAY. MARCH 26. 199(

Applicant City and State Movant

Thomas F. Holt Jr Boston, MA M. Frederick Pritzker Wayne N. Home Chicago, IL Sharon Gilbert Kramer Michael Lee Hubbard Cheyenne, WY Peter J. Mulvaney Matthew J. Iverson Chicago, IL George M. Burditt Carole S. Katz Pittsburgh, PA Paul A. Love Mark Jay Kaufman Ocala, FL Kenneth Edward Brooten, Jr. Kimbley A. Kearney New Orleans, LA David L. Carrigee James A. Lewis Pittsburgh, PA Thomas R. Solomich Paul Alexander Tacoma, WA Lawrence Bert Lindenmuth Lundberg Michael Charles Manning Phoenix, AZ James Emmett Logan Michael Joseph McAuliffe Rockville, MD John Michael Quinn Kevin R. McDermott Columbus, OH Rick E. Marsh Lynn McLain Baltimore, MD Joan Herre Byers Lenore E. McQuilling New York, NY LeRoy S. Corsa James S. Meggs Columbia, SC Roy D. Bates Christia M. Middendorf Denver, CO Richard David Greengard Allen T. Miller Jr. Olympia, WA Christine O'Grady Gregoire Russell Lynn Mills Clearwater, KS Richard Jay Sanborn Richard Lynn Mills Huntington, WV Daniel Patrick O'Hanlon Linda Lee Oliver Silver Spring. MD Clifford Grey Pash Jr. Walter George Palmer Jr. Seattle, WA Abraham A. Arditi Amy Joseph Pedersen Portland, OR Barbee B. Lyon M. Bruce Peele Dallas, TX George Tomas Rhodus Cheryl Ann Pohlvy Clearwater, VL William N. Drake, Jr. MONDAY. MARCH 26. 1990 517

Applicant City and State Movant

Hugh Reid Poland Jr Clarksville. TN Paul D. Welker Edward Herbert Power FJint, MI Robert Louis Segar Robert Emmet Purcell Englewood, CO George William Stuhldreher Jeffery P. Raffle Miami, FL Michael Tarre Sapna Vinaya Raj New York, NY Diogenes Peter Kekatos Lee Rosenberg Dix Hills, NY Michael Chetkof Frank David Rubin Encino, CA Helen Bunt Smith Grant Harrison Shaft Grand Forks, ND John G. Shaft Howard W. Simcox Jr Washington, DC Harry Fahrig Cole Tami Sue Smason Los Angeles, CA Margaret Manning Hathaway Barton Anthony Smith San Jose, CA Peter G. Nash David Gordon Sperry Independence, Thomas Munroe MO Auchincloss, J Ernest M. Spokes Jr. Modesto, CA Wray Frank Ladine Aaron Sylvester Springer Albert Lea, MN William Allen Ernest Landsberg Laurie Faith Starr Cleveland, OH Steven W. Albert Michael H. Syme Pittsburgh, PA Thomas R. Solomich Charles Scott Trantham Fayetteville, AR William Robert Still, Jr. James H. Varner Jr. Knoxville, TN Robert Wayne Ritchie James 0. M. Womack New Orleans, LA David L. Carrigee

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James Edgar Olsen Orlando, FL Robert W. Olsen Gregory Harris Guillot Washington, DC John Holbrook Midlen, Jr. 518 MONDAY. MARCH 26. 199U

Applicant City and State Movant

Teresa Marie Meagher Prairie Village, Dianne Jean KS Smith Thomas Bradley Manson Prairie Villege, Dianne Jean KS Smith

Oral Arguments

No. 89-98. Harold Davis, et ux., Petitioners v. United States. Ar- gued by Mr. Rex E. Lee for the petitioners and by Ms. Shirley D. Pe- terson for the respondent. No. 89-322. United Steehvorkers of America, AFL-CIO-CLC, Peti- tioner v. Tharon Rawson, etc., et al. Argued by Mr. George H. Cohen for the petitioner and by Mr. Kenneth B. Howard for the respondents. No. 89-535. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Elizabeth Stroop, et al. Argued by Mr. Clifford M. Sloan for the petitioner and by Mr. Jamie B. Aliperti for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. MARCH 27. 1990 5 1 9 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-1671. United States Department of Labor, Petitioner v. George R. Triplett, et al.; and No. 88-1688. Committee on Legal Ethics of the West Virginia State

Bar, Petitioner v. George R. Triplett, et al. On writs of certiorari to the Supreme Court of Appeals of West Virginia. Judgment reversed and cases remanded to the Supreme Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Scalia. Concurring opinion by Justice Stevens. Opinion by Justice Mar- shall concurring in the judgment and with whom Justice Brennan joins as to Part II. Separate statement by Justice Brennan. No. 88-1569. Richard H. Austin, Michigan Secretary of State and

Frank J. Kelley, Michigan Attorney General, Appellants v. Michigan Chamber of Commerce. Appeal from the United States Court of Ap- peals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceeding in conformity with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice Brennan. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Scalia. Dissenting opinion by Justice Kennedy with whom Justice O'Connor and Justice Scalia join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Cynthia Anne Certa Phoenix, AZ Douglas Ross Laurel Matlin Canham Phoenix, AZ Douglas Ross Nancy Blair Barohn San Antonio, TX Lucien Benton Campbell Oral Arguments

No. 89-542. RudyPerpich, Governor of Minnesota, etal., Petitioners v. Department of Defense, et al. Argued by Mr. John R. Tunheim for the petitioners and by Mr. Solicitor General Kenneth W. Starr for the respondents. 520 TUESDAY. MARCH 27. 1990

No. 89-5691. Frasiel L. Hughey, Petitioner v. United States. Ar- gued by Mr. Lucien B. Campbell for the petitioner and by Ms. Amy L. Wax for the respondent, pro hac vice by special leave of Court.

No. 89-393. Harry P. Begier, Jr., etc., Petitioner v. Internal Reve- nue Service. Argued by Mr. Paul J. Winterhalter for the petitioner and by Mr. Brian J. Martin for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. MARCH 28. 1990 521 SUPREME COURT OF THE UNITED STATES

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

Opinion

No. 88-6873. Chandler Clemons, Petitioner v. Mississippi. On writ of certiorari to the Supreme Court of Mississippi. Judgment vacated and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Opinion by Justice Brennan concurring in part and dissenting in part. Opinion by Justice Blackmun concurring in part and dissenting in part with whom Justice Brennan, Justice Marshall, and Justice Stevens join.

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Margaret Susan Spencer Washington, DC George H. Spencer James Christopher Fontana Washington, DC Seth E. Bloom Thomas Michael Patton Washington, DC Nicholas E. Karatinos Oral Arguments

No. 89-453. Metro Broadcasting, Inc., Petitioner v. Federal Commu- nications Commission, et al. Argued by Mr. Gregory H. Guillot for the petitioner, by Mr. Daniel M. Armstrong for the respondent, Federal Communications Commission, and by Ms. Margaret Polivy for the respondent, Rainbow Broadcasting Company. No. 89-700. Astroline Communications Company Limited Partner- ship, Petitioner v. Shurberg Broadcasting of Hartford, Inc., et al. Ar- gued by Mr. J. Roger Wollenberg for the petitioner and by Mr. Harry F. Cole for the respondents.

Adjourned until Monday, April 2, 1990 at 10 o'clock. 522 WEDNESDAY, MARCH 28, 1990

Order in Pending Case

No. A-650. Bill Clinton, Governor of Arkansas, et al.. Applicants v.

M. C. Jeffers, et al. The application for stay pending appeal addressed to the Chief Justice and referred to the Court is denied. (JOURNAL) FRIDAY. MARCH 30. 1990 523 SUPREME COURT OF THE UNITED STATES

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

Appeals —Jurisdiction Noted

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler. Appeal from the United States Dis- trict Court for the District of Columbia; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. Appeal from the United States District Court for the Western District of Washington. The motion of the Speaker and Leadership Group of the House of Representatives for leave to file, as amici curiae, a printed

brief that differs from the previously submitted typewritten brief is granted. The motion of the Solicitor General to expedite consideration of the statements as to jurisdiction is granted. In these cases probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument. The brief of the Solicitor General is to be filed with the Clerk of the Court and served upon appellees on or before 3:00 p.m., Wednesday, April 18, 1990. The brief(s) of the appellees is to be filed with the Clerk of the Court and served upon the Solicitor Gen- eral on or before 3:00 p.m. Thursday, 3, 1990. Any reply brief is to , May be filed with the Clerk of the Court and served upon the appellees on or before 3:00 p.m., Thursday, May 10, 1990. The cases are set for oral argument at 10:00 a.m., Monday, May 14, 1990.

(JOURNAL) MONDAY. APRIL 2. 1990 525 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Blackmun, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. . John F. Keane, Petitioner v. New York, etc. The motion to direct the Clerk to docket an appeal that does not comply with the

Rules of the Court is denied. No. D-851. In the Matter of Disbarment of Edwin Lawrence Dwor- kin. Disbarment order entered.

No. D-886. In the Matter of Disbarment of Frank Moses McCann. It is ordered that Frank Moses McCann, of Lynchburg, Virginia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty clays, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-887. In the Matter of Disbarment of Leopoldo Thomas Ara- gon. It is ordered that Leopoldo Thomas Aragon, of Jackson, Missis- sippi, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-888. In the Matter of Disbarment of Ronald J. Raben. It is ordered that Ronald J. Raben, of St. Louis, Missouri, 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-889. In the Matter of Disbarment of Jack Martin Mazur. It is ordered that Jack Martin Mazur, of St. Louis, Missouri, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1296. Oklahoma Natural Gas Company, Petitioner v. Wil- liams Natural Gas Company, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. 526 MONDAY. APRIL 2. 1990

No. 89-1303. Reserve Life Insurance Company, Petitioner v. Patri- cia Stephenson Eichenseer. The motion of Aetna Casualty and Surety Company for leave to file a brief as amicus curiae is granted.

Certiorari Granted

No. 89-1279. Pacific Mutual Life Insurance Company, Petitioner v. Cleopatra Haslip, et al. Petition for writ of certiorari to the Supreme Court of Alabama granted.

Certiorari Denied

No. 89-46. Patricia M. Wood, et al., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-279. Pauline W. Kitts, as Personal Representative of the Es- tate of Willard F. Kitts, Deceased, Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-459. Delta Air Lines, Inc., Petitioner v. Association of Flight Attendants, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-778. William W. Hollander, Petitioner v. United States Dis- trict Court for the Eastern District of Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-852. Emma Taylor, etc., et al, Petitioners v. General Motors Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-879. Gary Stangler, Director, Department of Social Services of Missouri, Petitioner v. Marietta Darling, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 89-940. Paula Meier, et al., Petitioners v. Nissan Motor Cor- poration in U.S.A., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1085. Sam Sexton, Jr., Petitioner v. Arkansas Supreme Court Committee on Professional Conduct. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 89-1118. New Life Baptist Church Academy, et al., Petitioners v. Town of East Longmeadow, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY, APRIL 2, 1990 527

No. 89-1247. H. K. Porter Company, Inc., Petitioner v. Trans- america Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1264. Crown Cork & Seal Co., Inc., Petitioner v. Elizabeth McNasby, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1267. Jerome B. Rosenthal, Petitioner v. State Bar of Califor- nia. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-1273. International Logistics Group, Ltd., Petitioner v. Chrylser Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1284. Fowler Industries, Inc., et al., Petitioners v. Interna- tional Brotherhood of Electrical Workers, Local 613. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-1285. Aeron Marine Company, Petitioner v. Mercedel W. Miles, Individually and as Administratrix of the Succession of Ludwick Adam Torregano. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1286. Ricardo M. Frank, Petitioner v. Lisa S. Morando, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-1288. Larry Spears, et al., Petitioners v. Harriet Cornelius. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1289. Charles F. Chapman, Petitioner v. Homco, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1291. Atta Moshkelgosha, et al., Petitioners v. Prince George's County, Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-1294. Deborah Cassilly, etc., Petitioner v. Maryland Depart- ment of Human Resources, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-1299. Don G. Blackwell, Petitioner v. City of St. Louis, Mis- souri and William C. Duffe, City's Director of Personnel. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. 528 MONDAY. APRIL 2. 199(

No. 89-1302. Flossie W. Nzongola, Petitioner v. Georgia, et al. Peti- tion for writ of certiorari to the Superior Court of Georgia, Fulton County, denied.

No. 89-1308. Roger P. Wilhelm, et ux., Petitioners v. First National Bank & Trust Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1337. Michael Gardner, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-1342. Candee Construction Company, Inc., Petitioner v. James Myers, et al. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 89-1369. John G. Schmidt, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1387. Paul D. Bridges, Petitioner v. Nationwide Mutual In-

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

No. 89-1394. Nicholas Pena, Petitioner v. John F. Nichols, Sheriff, Oakland County, Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-5984. Philip Brady, Petitioner v. T. C. Martin, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6162. Robert Neil Howell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6172. Stanley Ray Carey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6345. Cleveland Scott, Petitioner v. Superior Court of Cali- fornia, County of San Mateo (California, Real Party in Interest). Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6408. John Anthony Taylor, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6438. Stan Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. APRIL 2. 199C 529

No. 89-6589. Gabriel Ospina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6634. Oscar Estrada Ruiz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6636. Daries Sherrills, Petitioner v. E. P. Perini. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6644. Henry Wiley, Petitioner v. Corrections Cabinet of Ken- tucky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6645. Joe Forest Justice, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6650. Thomas Howard, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-6651. Neil Abramson, et al., Petitioners v. C. Fred Bateman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6654. William Ringenberg, et ux., Petitioners v. City of

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

No. 89-6659. David Lee Gavitt, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-6663. Alonzo Hardy, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-6667. Patricia Walton, Petitioner v. Northeast Women's Cen- ter. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6671. Federico Gonzalez, Petitioner v. P.O. Keohane, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6680. Candis 0. Ray, Petitioner v. United States Senate, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6685. Bufford McDonald, Petitioner v. George Sullivan. Peti- tion for Writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 530 MONDAY, APRIL 2, 1990

No. 89-6689. John R. Lane, Jr., Petitioner v. Yvonne W. Chisholm. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied.

No. 89-6690. Janice Bochter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6696. Robert Andrew Prather, Petitioner v. Al C. Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6701. Francisco Javier Betancourt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6704. Eartha Diane Gaines, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6708. Fred Painter, Petitioners. Howard L. Beyer, Adminis- trator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6718. James P. Wickstrom, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6724. Michael Kruse, Petitioner v. Kentucky. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6725. Eunice Justice, Petitioner v. City of Columbus, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6727. Kenroy Laing, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6729. James Cannon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6733. Esther Jaramillo, Petitioner v. United States; and

No. 89-6736. Fenet Jaramillo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. APRIL 2. 1990 531

No. 89-6737. Leon Winford Lowe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6748. Thai Do Hoang, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 89-6762. Fernando Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6781. Lawrence Henry Gaston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6782. Mario Edgardo Escobar-Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6788. Steven Patrick Griffith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6798. William Atkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6805. Eroi Guillermo Negron-Jessurun, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6812. Gerard Gary Gareia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6815. Travis Withers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6827. Easton Whyte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6830. Tresea Adela Ashby, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6843. Terry Jon Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 532 MONDAY, APRIL 2. 1990

No. 89-6864. Adolphus Fisher, Petitioner v. Thomas A. Fulcomer, Superintendent, State Correctional Institution, Huntington, Pennsyl- vania. Petition for writ of certiorari to the Supreme Court of Pennsyl- vania, Eastern District, denied.

No. 89-6883. Ronald F. Terry, Petitioner v. Blue Cab, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin,

District I, denied. No. 89-1141. Minnesota Mining & Manufacturing Company, Peti- tioner v. Jerre M. Freeman. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Black- mun took no part in the consideration or decision of this petition.

No. 89-6126. Ray Charles Degraffenreid, Petitioner v. Kenneth D. McKellar, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 89-6333. Gregory Davis, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-6477. Henry Brisbon, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6518. Tyronne Lindsey, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6609. Ronald Watkins, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 89-6624. Robert Karl Hicks, Petitioners Ralph Kemp, Warden. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6633. Ronald Keith Spivey, Petitioner v. Ralph Kemp, War- den. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6660. Bobby R. Wilcoxson, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Di- vision, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6822. Robert Lacy Parker, Petitioner v, Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ MONDAY. APRIL 2. 1990 533 of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6561. Roger Moss, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of certiorari is dismissed.

Habeas Corpus Denied

No. 89-6892. In Re Norbert Stelten, Petitioner. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. 89-5949. Mang Sun Wong, Petitioner v. United States;

No. 89-6199. Merton Bond, Petitioner v. Larry D. Raikes, Judge, et al.;

No. 89-6248. Travis Kenneth Bynum, Petitioner v. United States;

No. 89-6356. John J. Solon, Petitioner v. United States;

No. 89-6384. Anthony Scire, Petitioner v. United States; and

No. 89-6396. Henry L. McCone, Petitioner v. Charles Birge, et al. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Bhishma Kumar Agnihotri Baton Rouge, LA James David McNeill, III Teresa Diane Baer Washington, DC Arnold M. Lerman Donald D. Barry Topeka, KS Thomas J. Greenan Robert H. Benna Washington, DC Harold Lee Talisman Bryan Craig Black York, PA William F. Hoffmeyer William G. Bullock Texarkana, TX James Robert Hubbard Modestino Carbone Readington Benjamin Clarke Township, NJ 534 MONDAY. APRIL 2. 1990

Applicant City and State Movant

Peter Howard Carson San Francisco, CA Michael Traynor Vivien Clair Washington, DC Richard Blair Bader John Collen Chicago, IL Sheldon 0. Collen Richard Stanfill Copeland Memphis, TN Brian Lawrence Kuhn Robert G. Dailey Omaha, NB John E. North Michael Ray Davis Conway, AR Judge Francis T. Donovan David Doyle Oxnard, CA Terrence James Bonham Robert Lee Ehrlich Beverly Hills, CA Hope Beth Eastman David S. Ettinger Agoura, CA Frederic D. Cohen Ronald Alfred Fontana Portland, OR Martha Irene Takaro Robert H. Forry Atlanta, GA Carl E. Sanders Niels W. Frenzen Los Angeles, CA Steven A. Nissen Gregory Kent Frizzell Tulsa, OK Kent Frizzell A. Peter Funk Helena, MT Paul D. Johnson William Renn Gade Reedsburg, WI Jon William Stentz Jeffrey Douglas Gaines Staunton, VA Peter Donald Menk Richard Dale Greene Wichita, KS Joseph W. Kennedy Thomas Alexander Hart Jr. Washington, DC Vincent A. Pepper Edward Hayes Jr. Washington, DC Lee H. Simowitz Eric Hellerman New York, NY Laurence A. Silverman Janice Lewis Hoffman Washington, DC Joseph L. Bianculli Peter Campbell King Columbus, IN Thomas C. Bigley, Jr.

John S. Knowles III Jackson, MS James Palmer Brantley MONDAY. APRIL 2, 1990 535

Applicant City and State Movant

Patricia McHugh Lambert Baltimore, MD Donald James McCartney Carolyn D. Leftridge Oakland, LA John M. Cooper Robert Raymond Leon Los Angeles, CA Andrew F. Leoni

T XT T 1 Ian Norman Lewis Honolulu,TT HITTT Daniel K. Inouye Harriet Yoshida Lewis Honolulu, HI Daniel K. Inouye Richard L. Marcickiewicz Randolph, NJ Richard Thomas Sweeney Richard McCarthy Fairfield, CT Victor Michael Ferrante, Jr. Paul Gerald Menkveld Tucson, Z Harriette P. Levitt Traylor Tullar Mercer Agana, GU Renee Barbara Laniado M. William Munno New York, NY Anthony Raymond Mansfield Reuben Ortenberg Suffern, NY David Coral Calvin Ellsworth Ragsdale Green River, WY Clyde 0. Martz Carl William Rickrich II Newark, OH Michael Frederick Higgins Rodger Owen Robertson Baltimore, MD A. Douglas Owens David B. Rosen New York, NY Carl Rachlin James Sandnes New York, NY Mathias E. Mone

Roger M. Siegel Atlanta, GA Michael J. Bowers Lynda Guild Simpson McLean, VA Mr. Justice Lewis Franklin Powell, Jr., Retired Edward Steinbrecher Encino, CA David Richard Glickman Bruce D. Stewart Harrisburg, IL Richard Thomas Witham Kathryn Elizabeth Terry Irvine, CA David Hirson Jonathan Page Treacher London, EN Theodore Robert Schofner 536 MONDAY. APRIL 2. 1990

Applicant City and State Movant

Mark Richard Waterfill Indianapolis, IN . Ronald Edward Elberger

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Richard W. Sharpe Culver City, CA Andrew Jay Schwartzman Leonard M. Marangi Pasadena, CA Thomas E. Mooney

Frederick J. Boncher Grand Rapids, MI Stuart Scott Morrison Gordon Stewart Brownell San Francisco, CA Constantine N. Katsoris Gayle Anne-Marie Fresno, CA Constantine N. Gutekunst Katsoris Steven Barry Rich Canon City, CO Constantine N. Katsoris Joseph P. Matturro Glastonbury, CT Constantine N. Katsoris

Stephen J. McKenna Washington, DC Constantine N. Katsoris Stuart James McGregor Miami, FL Constantine N. Katsoris Robert Matthew Fink Atlanta, GA Constantine N. Katsoris Beverly S. Bond New York, NY Constantine N. Katsoris Elizabeth Alice Bryson New York, NY Constantine N. Katsoris Sylvia Fung Chin New York, NY Constantine N. Katsoris Edward G. H. Chin New York, NY Constantine N. Katsoris Katharine Wilson Conroy New Rochelle, Constantine N. NY Katsoris William J. Corbett Floral Park, NY Constantine N. Katsoris MONDAY. APRIL 2. 1990 537

Applicant City and State Movant

Maureen Crush New York, NY Constantine N. Katsoris Joseph E. Geoghan New York, NY Constantine N. Katsoris Robert John Kaczorowski New York, NY Constantine N. Katsoris Christopher Peter Lee New York, NY Constantine N. Katsoris Ralph R. Mackin North Salem, NY Constantine N. Katsoris Robert S. Ondrovic Bedford Hills, NY Constantine N. Katsoris Richard R. Reilly New York, NY Constantine N. Katsoris Allan J. Scheffler Bedford, NY Constantine N. Katsoris Kimberly Ann Affronti Brooklyn, NY Roger Bennet Adler Curt Arnel Brooklyn, NY Roger Bennet Adler Norman Roy Breitstein Brooklyn, NY Roger Bennet Adler Steven J. Chaikin New York, NY Roger Bennet Adler Mitchell Dinnerstein Brooklyn, NY Roger Bennet Adler Muriel Therese Dorff Brooklyn, NY Roger Bennet Adler Craig A. Eaton Brooklyn, NY Roger Bennet Adler Patti E. Evans New York, NY Roger Bennet Adler Florence Friedman New York, NY Roger Bennet Adler Edwin Marvin Geiger New York, NY Roger Bennet Adler Louis Haddad Brooklyn, NY Roger Bennet Adler 538 MONDAY. APRIL 2. 19f»n

Applicant C ity and Stuttj Movant

Sue Ann Hoahng New York. NY Roger Bennet Adler Louis Klieger New York, NY Roger Bennet Adler Roberta A. Maloy Brooklyn, NY Roger Bennet Adler Ernesto Marrero Jr. Brooklyn, NY Roger Bennet Adler Gustavo Medina Brooklyn, NY Roger Bennet Adler Ernest Miller Brooklyn, NY Roger Bennet Adler Christopher J. Panny Brooklyn, NY Roger Bennet Adler Blaise F. Parascandola New York, NY Roger Bennet Adler Linda Plona Poppe Brooklyn, NY Roger Bennet Adler Frank P. Richardson Long Beach, NY Roger Bennet Adler Alan Mark Rocoff Brooklyn, NY Roger Bennet Adler Karen B. Rothenberg Brooklyn, NY Roger Bennet Adler Alan Serrins New York, NY Roger Bennet Adler James Francis Simermeyer New York, NY Roger Bennet Adler Emanuel G. Tsarnas Brooklyn, NY Roger Bennet Adler Harry Bruce Wallace New York, NY Roger Bennet Adler Barry Alan Washer New York, NY Roger Bennet Adler

T Marvin W eiss North Woodmere, Roger Bennet NY Adler Edward W. Yuskevich Brooklyn, NY Roger Bennet Adler MONDAY. APRIL 2. 1990 539

Applicant City and State Movant

t Nicholas S. Altimari Huntington, NY Gary James Peters James DeCuzzi Mmeola, N 1 Gary James Peters

Stephen G. r rommer Mmeola, IN 1 Gary James PetersT~) _ A. ____ bcott r arrell Guardino lvlineola, N 1 Gary James Peters Richard V. Guardino Jr Mmeola, NY Gary James Peters Lisa Siano Merrick, NY Gary James Peters Matthew Anthony Tedone Albert son, NY Gary James Peters

Adjourned until Monday, April 16, 1990 at 10 o'clock. x

Order in Pending Case

No. A-683. Daniel Vasquez, Warden, Applicant v. Robert A. Harris. The application of the Attorney General of California to vacate the order of the United States Court of Appeals for the Ninth Circuit, dated March 30, 1990, staying the execution of sentence of death, presented to Justice O'Connor and by her referred to the Court, is denied. The Chief Justice, Justice Scalia and Justice Kennedy would grant the application to vacate the stay.

(JOURNAL) MONDAY. APRIL 16. 1990 541 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor. Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 88-7000. James R. Stringer, Petitioner v. Lee Roy Black, Com- missioner, Mississippi Department of Corrections. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and

the case is remanded to the United States Court of Appeals for the

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

No. 88-7358. Bobby Joe Pinkney, Petitioner v. Mississippi. On petition for writ of certiorari to the Supreme Court of Mississippi. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the

case is remanded to the Supreme Court of Mississippi for further consideration in light of demons v. Mississippi, 494 U.S. (1990).

No. 89-1040. Robert S. Chappell, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the

Seventh Circuit. The petition for writ of certiorari is granted. The judg-

ment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed February 27, 1990.

No. 89-6893. Donald Eugene Petary, Petitioner v. Missouri. On petition for writ of certiorari to the Supreme Court of Missouri. 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 Missouri for further consideration in

light of McKoij v. North Carolina, 494 U.S. (1990) and Boyde v. California, 494 U.S. (1990). 542 MONDAY. APRIL 16, 1990

Orders in Pending Cases

No. — . James L. Clark, Petitioner v. Community Service Publish- ing Inc., et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. D-842. In the Matter of Disbarment of Donald S. Eisenberg. Disbarment order entered. No. D-845. In the Matter of Disbarment of C. Michael Davis. Disbar- ment order entered. No. D-862. In the Matter of Melvin A. Heller. Melvin A. Heller, of Chicago, Illinois, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on February 20, 1990, is hereby discharged. No. D-863. In the Matter of Jerrold L. Morris. Jerrold L. Morris, of Chicago, Illinois, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on February 26, 1990, is hereby discharged. No. D-865. In the Matter of Earl Rumsey Boyce. Earl Rumsey Boyce, of Palm Beach, Florida, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on February 26, 1990, is hereby discharged. No. D-866. In the Matter of Disbarment of Frank Diaz Silveira. Dis- barment order entered. No. D-890. In the Matter of Disbarment of Mac W. Hancock, III. It is ordered that Mac W. Hancock, III, 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-891. In the Matter of Disbarment of George A. Day. It is ordered that George A. Day, of Brownwood, 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-892. In the Matter of Disbarment of John A. Shorter, Jr. It is ordered that John A. Shorter, Jr., of Washington, D.C., be suspended MONDAY. APRIL 16. 1990 543 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. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al. The motion of the parties to dispense with printing the joint appendix is granted. The motion of Hatteras Yachts Division of Genmar Industries,

Inc. for leave to file a brief as amicus curiae is granted.

No. 89-609. Donald Puckett, et al., Petitioners v. Native Village of

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

No. 89-1330. International Organization of Masters, Mates & Pilots, et al., Petitioners v. Timothy A. Brown. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-645. Michael Milkovich, Sr., Petitioners. Lorain Journal Co., et al. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 89-711. Universal Fabricators, Inc., Petitioner v. Carl Smith, et al. The motion of respondent Carl Smith for approval of application for attorney's fees is denied without prejudice to filing the motion in the United States Court of Appeals for the Fifth Circuit.

No. 89-1230. City of Chicago, et al., Petitioners v. Walter Friedrich, etc. The motion of respondent to consolidate this case with No. 89-994, West Virginia Hospitals, Inc. v. Casey, Governor of Pennsylvania, for purposes of oral argument, is denied.

No. 89-1399. International Society for Krishna Consciousness of Cal- ifornia, et al., Petitioners v. Robin George, et al. The application for stay presented to Justice O'Connor and by her referred to the Court is granted and it is ordered that execution and enforcement of the judgment of the Court of Appeal of California, Fourth Appellate District, case No. D007153, entered August 30, 1989, and modified September 29, 1989, and that execution and enforcement of the order of the Supe- rior Court of California, in and for the County of Orange, case No. 27 75 65, entered March 16, 1990, are stayed pending this Court's action on the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending issuance of the mandate of this Court.

No. 89-5900. John E. Rust, Petitioner n Frank O. Gunter, et al. The motion for appointment of counsel is granted and it is ordered that Al- 544 MONDAY. APRIL 16. 1990 vin J. Bronstein, Esquire, of Washington, D. C, is appointed to serve as counsel for the petitioner in this case.

Certiorari Granted

No. 89-1298. Ingersoll-Rand Company, Petitioner v. Perry McClendon. The motion of Chamber of Commerce of the United States of America for leave to file a brief as amicus curiae is granted. The motion of American Paper Institute, Inc. for leave to file a brief as amicus curiae is granted. The motion of Equal Employment Advisory Council for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Texas granted.

Certiorari Denied

No. 89-644. Helen Robinson, Personal Representative of the Estate of William Robinson, Deceased, Petitioner v. Township of Waterford, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-709. Michigan, Petitioner v. Anthony Hawkins. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-1023. Maylee Dubois, et al., Petitioners v. Gerald Hocking. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1041. Mississippi and Mississippi Public Service Commission,

Petitioners v. Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1094. Little Earth of United Tribes, Inc., et al., Petitioners v. Jack F. Kemp, Secretary of Housing and Urban Development. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-1098. National Association of Retired Federal Employees,

Petitioner v. Constance Newman, Director, Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1105. John C. Zinniel, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1108. Janice Birnbaum, et al., Petitioners v. New York. Peti- tion for writ of certiorari to the Court of Appeals of New York denied. MONDAY. APRIL 16. 1990 545

No. 89-1110. Educational Development Network Corporation and

Gerald Kress, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-li31. Christina Fang-Hui Liao, Petitioner v. Charles H.

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

No. 89-1140. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 89-1160. Michigan, et al., Petitioners v. Panhandle Eastern Pipe

Line Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-1161. Michigan and Michigan Public Service Commission, Pe- titioners v. Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1173. Paul Luskin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1175. Nuclear Transport & Storage, Inc., Petitioner v.

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

No. 89-1176. Horton Automatics, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1194. Park Center Water District, Petitioner v. United

States, et al. Petition for writ of certiorari to the Supreme Court of Col- orado denied.

No. 89-1198. Eric Marroquin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1203. Kentucky, Petitioner v. George W. Peterson. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 89-1209. Chicago and North Western Transportation Company,

Petitioner v. Railway Labor Executives' Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1253. Blount County Board of Education, et al., Petitioners v. Mary E. Nichols. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 546 MONDAY. APRIL 16. 1990

No. 89-1262. International Union of Operating Engineers, Local 660, et al. v. Edward C. Hester. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1270. Thomas R. McNeil, et al, Petitioners v. Max Hugel. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-1274. Robert A. Albert, Richard W. Palizay and Samuel R.

Schaffer, etc.. Petitioners v. Avery, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1306. Construction Engineers, Inc., et al., Petitioners v.

Conway Corporation, et al. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 89-1310. Patrick T. Reid, Petitioner v. White Motor Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1312. Roger Michael Ames, Petitioner v. R. E. Ames and R. G. Ames. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 89-1314. Rossco Holdings Incorporated, dba Quaker Corpora- tion, et al.. Petitioners v. California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1319. Mark Tarka, Petitioner v. G. Charles Franklin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1323. Bernie E. Zettl, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1325. David F. Gardner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1327. Pedro Ramos, Petitioner v. Bethlehem Steel Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-1328. Louise W. Goodrich, Petitioner v. County of Los Ange- les. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1329. Robert Allen Williams, Petitioner r. Illinois Central Gulf Railroad Company. Petition for writ of certiorari to the Supreme Court of Alabama denied. MONDAY. APRIL 16. 199C 547

No. 89-1331. Dennis Gwirtz, et al., Petitioners v. Ohio Education As- sociation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1333. Clemmie Sanders, Petitioner v. South Central Bell Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1334. Jerome B. Rosenthal, Petitioner v. J. M. Young, et al. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 89-1339. Frank Ackley, dba Village Square Chevron, et al., Pe- titioners v. Gulf Oil Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1340. Margot M. Washburn, etc., Petitioner v. Jane Sheedy, etc. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-1341. Maria Graciela Ramirez, Petitioner v. Transamerican

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

No. 89-1348. Johnathan Clayton, a minor, by Connie Clayton, his next friend, et al., Petitioners v. Richard M. Place, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1350. Manuel T. Fragante, Petitioner v. City and County of

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

No. 89-1351. John Caramadre, Petitioner v. Thomas A. Fulcomer,

Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1352. Fred Hass, Petitioner v. Oregon State Bar. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1354. Vernon 0. Maxwell, etc.. Petitioner v. James Kenneth Goodwin and Earl Hallman. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-1355. Donald Baum, individually and as Executor of the Es- tate of Beverly Baum, deceased, et al., Petitioners v. John B. Egan, et ux. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. 548 MONDAY. APRIL 16. 1991

No. 89-1356. Rudy G. Stanko, Petitioner v. Conception Giove. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1358. Alexandria Kaloa, et al., Petitioners v. Native Village of Tyonek, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1359. Hill Resources, Inc.. Petitioner v. Cuesta Energy Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1362. Washington Mills Electro Minerals Corp., et al, Peti- tioners v. DeLong Equipment Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1370. Mercedes L. Gaceta and Norman R. Vunck, Petitioners v. County of Santa Clara, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1374. Marc Sanford Eason, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1389. Charles DeMartino, Petitioner v. New York City Tran- sit Authority, et al. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, Second Judicial Department, denied. No. 89-1390. Louisiana Insurance Guaranty Association, Petitioner

v. Neil Abbott, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1393. Scott Fugate, Petitioner v. Borg Textile Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1400. City of Longmont, Colorado, Petitioner v. James Oak- ley. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1403. Margaret Portz Vale, Petitioner v. James Cooke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1410. Mario M. A. Zannino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY. APRIL 16. 1990 549

No. 89-1417. Harry I. Zelter, Petitioner v. Jeffrey M. Samuels, Act- ing Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1422. Ron Rost, Petitioner v. Anthony M. Frank, Postmaster General, United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1423. Robert Cook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1429. Jesus Guerrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1468. Richard N. Jeffers, Petitioners v. Veterans Adminis- tration. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-1478. Jerome Scalise, et al., Petitioners v. Dick Thornburgh,

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

No. 89-1488. Joshua Basin Partnership, et al., Petitioners v. United States Department of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1492. Richard Collier, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 89-5981. Cezer Joshua Liner, Petitioner v. Chauncey Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6184. Evan H. Callanan, Jr., Petitioner v. United States; and

No. 89-6203. Evan Callanan, Sr., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6311. Oren Gene Gamble, Sr., Petitioner v. Jimmy Jones, Su- perintendent, Missouri Training Center for Men. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-6363. Samuel Scroggins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 550 MONDAY. APRIL 16. 199(

No. 89-6367. Jackson Leeds, Petitioner v. Department of Commerce;

and Jackson Leeds, Petitioner v. Donald J. Quigg, Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6377. Cleo Crawford, Petitioner v. Herman C. Davis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6386. Ronald Blagden Anderson, Petitioner v. Rockwell In- ternational, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6417. Edward G. Jones, Petitioner v. Celotex Corporation, et

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

No. 89-6421. George Ely, Petitioner v. Thomas Hagg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6434. Raul Guevara Villasenor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6450. Clarence D. Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6467. Kelvin Tiggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6476. Randall Carver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6493. Freddie Smith, Petitioner v. Donald Dorsey, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6499. Roy Lee Wells, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6503. Ernesto Romero-Reyna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6520. Dominic LaRocco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, APRIL 16. 1990 551

No. 89-6549. Roily 0. Kinnell, Petitioner v. Dale E. Saffels, Judge, United States District Court for the District of Kansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6664. Ronald I. Quimby, Petitioner v. Norris McMackin, Su- perintendent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6665. Vernon E. Rodman, Petitioner v. George W. Wilson,

Director, Ohio Department of Rehabilitation and Correction, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6672. Bobby Joe Faughn, Petitioner v. Terry Campbell. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6674. Theodis Brown, Petitioner v. Bi-State Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6676. Travis Kenneth Bynum, Petitioner v. William H. An- derson, Chief Judge. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-6678. Oliver Williams, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6681. Jimmy Lee Powell, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6682. John Gray, Petitioner v. City of Houston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6684. Dorsie Northard, Petitioner v. John Nagle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6687. Emanuel J. Mazo, Petitioner v. Lanson Newsome, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6697. Richard John Buckley, Petitioner v. Johnny

Klevenhagen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 552 MONDAY. APRIL 16. 1990

No. 89-6698. Herbert Dellenbach, Petitioner v. James Letsinger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6703. George Ross, Petitioner v. Glen Jeffes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6706. Sara White Berbick, Petitioner v. Provident National Bank, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 89-6711. Stephen P. Allison, Petitioner v. Ohio Disciplinary Counsel. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-6712. Jerry Lewis Thomas, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6713. John Brooke, Petitioner v. California; and John Brooke,

Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6714. Dorsey Williams, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6720. Levelt Francois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6721. William T. Brown, Petitioner v. Virginia Employment

Commission, et al. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 89-6723. Robert A. Gallagher, Petitioner v. Morrow County Law Library Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6732. Ronald Lee Morovitz, Petitioner v. Ingrid Morovitz. Petition for writ of certiorari to the Court of Appeals of Missouri, East- ern District, denied.

No. 89-6734. Charles D. Johnson, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-6738. Tyrone Hiawatha Lee, Petitioner v. Alvin Hudson. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6742. Franklin Philip Noheart, Petitioner v. Chase Riveland, Secretary, Washington Department of Corrections, et al. Petition for MONDAY. APRIL 16. 199( 553 writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6744. Frederick Lightsey, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6749. R. J., Petitioner v. Harvey Kahn. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 89-6751. Carlos Arnaz Williams, Petitioner v. Robert Lecureux, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6752. Kenneth Wayne Ballard, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6755. Michael Sindram, Petitioner v. Arthur M. Ahalt,

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

No. 89-6756. O.M., Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6759. Leslie Thomas Leonard, Petitioner v. Charles Scully,

Superintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6761. Lorene Sakovich, Petitioner v. St. Mary's Hospital, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-6763. Alan D. Craig, Petitioner v. D. W. McCarthy, Director of California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6766. Johnny A. Outlaw, Petitioner v. Michael O'Leary, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6768. Alton D. Brown, Petitioner v. T. K. Clanton, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6770. Ana Leon T., Petitioner v. Federal Reserve Bank of

Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 554 MONDAY, APRIL 16. 1990

No. 89-6771. Karen Brown, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-6772. Ricky Brandon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6773. Ivory Ruth Geiger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6774. Bernard Smith, Petitioner v. Denise Quarles, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6775. Albert Sivley, Petitioner v. A. H. Robins Company, In- corporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6776. Roy Dean Ramseyer, Petitioner v. Mike Cody, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6779. Kenneth Wayne Herndon, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-6784. Jackie Harvey, Petitioner v. Peter M. McHugh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6789. Earl Batten, etc., Petitioner v. Watts Cycle and Ma- rine, Inc., and Oakland & Company. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-6790. Paul Cleveland Gaines, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6791. Fabio Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6796. Shafqat M. Lodhi, Petitioner v. State Board of Law

Examiners, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. MONDAY. APRIL 16. 199C 555

No. 89-6799. Gino Tomasso Bengiovanni, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-6800. Michael Borelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6802. Bruce Wester, Petitioner v. Maricopa County Superior Court. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-6803. Raymond Heimberger, Petitioner v. Carol A. Rees, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-6806. Michael Harrell, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6807. Edgar Hope, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6808. Gilbert H. Jaxon, Petitioner v. Circle K Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6809. Roland Knox, Petitioner v. Hilton Butler, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6810. Alec R. Lewis, Petitioner v. Russell Moody, Superin- tendent, Wildwood Correctional Center. Petition for writ of certiorari to the Court of Appeals of Alaska denied. No. 89-6816. John Montgomery, Individually and as trustee of the D

& R Cave Creek Trust, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6817. Robert Maker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6820. Jessie Ervin Buchanan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6821. Jimmy Covington, Petitioner v. Talmadge Barnett, Su- perintendent, North Carolina, Eastern Correctional Institution, et al. 556 MONDAY. APRIL 16. 1991

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

No. 89-6829. Michael Wagner and Robert Wagner, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6833. Abram Garcia, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6835. James Watts, Petitioner v. 0. S. Foster, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6838. Jessie D. McDonald, Petitioner v. Yellow Cab Metro, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6845. Earl D. Drew, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6846. Joseph Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6847. Darryl Miles, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 89-6852. Patrick Rivers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-6856. Yolanda Yvette Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-6857. David Thomson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6859. Charles Pedroncelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6867. Travis Kenneth Bynum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. APRIL 16, 1990 557

No. 89-6869. Eunice Justice, Petitioner v. Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6878. Gregory A. Baskin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6885. Charles E. Stoner, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 89-6888. Vinod Gulati, Petitoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6890. Lisa M. Moore, Petitioner v. Madalyn Buegler and Ha- zel Denney. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6891. Daniel Cruz Rivera, Petitioner v. Martin Makel, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-6900. Harris Desire, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6911. Ernest Henry Matousek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6912. Karen Taylor, Petitioner v. Department of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6913. Ralph Jeff Obregon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6918. Bernard Wax, Petitioner v. James Sullivan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6941. Ricky Guerra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6952. Zuhair Mami, Petitioner v. Richard J. Van Zandt, Su- perintendent, Hudson Correctional Facility. Petition for writ of certiorari to the UnitecT States Court of Appeals for the Second Circuit denied. 558 MONDAY. APRIL 16. 1990

No. 89-6961. Marco Contreras-Espinosa and Javier Contreras-

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

No. 89-6973. Robert Dean Clark, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7100. Glenn L. Benner, II, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5167. Jessie Joseph Tafero, Petitioner v. Richard Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5277. Bennie E. Demps, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5331. Gary Eldon Alvord, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5485. Roger Lee Cherry, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5686. Watson Allison, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5737. Charles Troy Coleman, Petitioner v. James Saffle,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 89-6144. Dalton Prejean, Petitioner v. Larry D. Smith, Warden. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6148. Dalton Prejean, Petitioner v. Larry Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6302. Harold G. Williams, Petitioner v. Ralph Kemp, War- den. Petition for writ of certiorari to the United States Court of Ap- MONDAY, APRIL 16, 1990 559 peals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6330. Frederick Dickerson, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6694. Ronnie Lee Gardner, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6745. Bobby Tarver, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7005. David Ray Harris, 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. 89-907. County of Los Angeles and Ronald Black, Commander of the Los Angeles County Men's Central Jail, Petitioners v. Josefina Cabrales. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Justice O'Con- nor would grant certiorari.

No. 89-948. Donald Bailey, et al., Petitioners v. Helen Robinson, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White would grant certiorari.

No. 89-1076. Ray L. Corona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 89-1156. Bath Iron Works Corporation, et al., Petitioners v. Di- rector, Office of Workers' Compensation Programs, United States De- partment of Labor. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White would grant certiorari.

No. 89-1117. First National Bank of Bellaire, Petitioner v. Huffman

Independent School District, et al. The motion of Texas for leave to intervene is granted. Petition for writ of certiorari to the Court of Ap- peals of Texas, Fourteenth District, denied.

No. 89-1277. Superior Roll Forming Co., et al., Petitioners v. InterRoyal Corporation. The motion of petitioners to place Appendix D under seal is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 560 MONDAY. APRIL 16, 1990

No. 89-1317. National Shopmen Pension Fund, Petitioner v. Reuben McDaniel, et al. The motion of National Roofing Industry Pension Fund 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. Justice White would grant certiorari.

Common Law Certiorari Denied

No. 89-6818. In Re Floyd Hicks. The petition for writ of certiorari is denied.

Mandamus Denied

No. 89-1382. In Re James Freed, Petitioner; and No. 89-6613. In Re James M. DeBardeleben. The petitions for writs of mandamus are denied.

Rehearings Denied

No. D-837. In the Matter of Disbarment of Frank J. Marcone;

No. 88-1353. United States, Petitioner v. Rene Martin Verdugo- Urquidez;

No. 88-1480. Bob Reves, et al., Petitioners v. Ernst & Young;

No. 88-7299. Mark Anthony Pruitt, Petitioner v. Georgia;

No. 89-525. Ahmade Rateb Popal, Petitioner v. United States;

No. 89-908. Automobile Club of Michigan, aka AAA, et al., Petition- ers v. William J. Bullock;

No. 89-939. HealthAmerica and Pamela Merle, Petitioners v. Ed- ward Menton;

No. 89-976. Emerson Sutton, Petitioner v. Department of Housing and Urban Development, et al.;

No. 89-1053. Frank J. Camoscio, Petitioner v. Board of Registration Podiatry;

No. 89-1065. Frank J. Camoscio, Petitioner v. Francis P. Murphy, etc., et al.;

No. 89-1070. James Mitchell Terry, Petitioner v. Virginia;

No. 89-5223. Larry Mack, Petitioner v. Illinois;

No. 89-5877. O. Bobby Brown, Petitioner v. Laborers' International Union of North America, et al.;

No. 89-5927. Godfrey Hassan, Petitioner v. New Jersey, et al.; MONDAY. APRIL 16. 199( 561

No. 89-6005. Clarence E. Wilkerson, Petitioner v. Larry Smith, Warden;

No. 89-6040. David R. Morales. Petitioner v. Office of Personnel Management;

No. 89-6208. Carl Eierle, Petitioner v. Chester Lambdin, Superin- tendent, Glades Correctional Institute, et al.;

No. 89-6222. Sophia J. Gibbons, nka Sophia J. Raczkowski, Peti-

tioner v. L. W. Blake Memorial Hospital, et al.;

No. 89-6240. Carol A. McGhee, Petitioner v. City of Los Angeles De- partment of Water and Power, et al.;

No. 89-6246. Johnnie Tasby, aka, Akill S. Amen-Ra, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, In- stitutional Division;

No. 89-6247. Steve Wool, Petitioner v. Beatriz D. Fefel, et al;

No. 89-6267. Ronald Chandler, Petitioner v. Dick Moore, et al; No. 89-6321. In Re William E. Kleinschmidt, Petitioner;

No. 89-6361. Thomas Spychala, Petitioner v. Joseph Campoy;

No. 89-6369. Michael John Warren, Petitioner v. Texas;

No. 89-6373. Ellis Keyes, Petitioner v. San Francisco Probation Department;

No. 89-6378. John Kim, Petitioner v. California, et al;

No. 89-6391. Fazli Cemil Akmansoy, Petitioner v. Johnny Klevenhagen, et al;

No. 89-6418. Ruby Morris, Petitioner v. Department of Social Services; No. 89-6428. In Re Alfred Madson, Petitioner; and

No. 89-6432. Jay D. Street, Petitioner v. John Jabe, Warden. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

City and State Movant

Janet W. Adams Orlando, FL George E. Adams Joseph A. Ahern Royal Oak, MI Harry S. Stark Clarke Francis Ahlers Columbia, MD Maria Cristina Gutierrez Steven K. Balman Tulsa, OK John S. Athens 562 MONDAY. APRIL 16. 199(

Applicant City and State Movant

Robert Charles Barber Philadelphia, PA Robert Michael McBride Susan Barr Honolulu, HI John Ashford Thompson J. Leeds Barroll IV Columbia, SC W. Gaston Fairey Marthanda Jayne Poteete Tulsa, OK Walter Dewey Beckworth Haskins, III Ronald Scott Bemis Seattle, WA Shannon Stafford Geoffrey Steven Berman New York, NY Lawrence E. Walsh Marc A. Bernstein New York, NY Barry S. Jacobson S. Elizabeth Birnbaum Washington, DC E. Barrett Prettyman, Jr. William J. Blechman Miami, FL Michael Nachwalter Jeffrey Alexander Blevins Chicago, IL James Patrick Daley Mary Ellen Murphy Borja Palm Harbor, FL Ray Peacock Gorman Bradley Jr. Paducah, KY Albert Jones Robert James Brookhiser Washington, DC Stuart H. Harris Jr. Leslie J. Bryan Atlanta, GA Bruce Maloy Gerald J. Buchwald San Francisco, CA Allan Lewis Fink Floyd M. Buford Jr. Macon, GA Floyd M. Buford Charles Kenneth Bunger Omaha, NB Frank F. Pospishil Gary M. Burton San Antonio, TX James A. Kosub Robert M. Buschmann New York, NY Robert B. Fiske, Jr. Allen Brewster Bush Portland, OR Don Gray Carter Edmond R. Casey Somerville, NJ George A. Mauro, Jr. Joseph Charles Chancey Atlanta, GA Charles H. Ivy Neal Stuart Cohen Denver, CO William Graff Imig Ezekiel E. Cortez San Diego, CA John Joseph Cleary David Scott Curcio Houston, TX Stephen R. Kirklin MONDAY. APRIL 16. 1990 563

Applicant Citv and State Movant

Michael Anthony D'Amico Waterbury, CT Beth Zeldes Margulies Christopher Ogilvie Davis New Orleans. LA James Hayward Roussel John R. Decker Milwaukee, WI Walter Hiawatha White, Jr. Will G. Dickey Houston, TX Thomas William George

James J. Dillon Boston, MA Allan van Gestel Frank Duarte Lakewood, CA John A. Vander Lans James C. Duff Washington, DC Clark M. Clifford John Chapman Duffy Knoxville, TN Robert Harmon Watson Jr. Kevin D. Eack Springfield, IL Kevin Robert Corr Robert W. Edwards Salt Lake City, John Paul UT Kennedy Cheryl Ann Eifert Huntington, WV Denver C. Offutt, Jr. Randy D. Elkins Minden, LA Walter Edward Carson Gavin M. Erasmus Los Angeles, CA Gideon Kanner Michael Jordan Fairchild Tulsa, OK Ronald Holland Mook David Cyrus Farshy Atlanta, GA Beverly Bailey Bates

J. Mark Fisher Chicago, IL Aaron J. Kramer Bertha Baranko Fitzer Tacoma, WA Karen L. Strombom Stuart Irwin Folinsky Los Angeles, CA Barry Marc Folinsky Richard Dennis Fortin Washington, DC John M. Cleary

Donna J. Fuchsluger Baltimore, MD Alfred George Lowe Carol Hackett Garagiola Bloomfield Hills, Patrick E. MI Hackett 564 MONDAY. APRIL 16. 1990

Applicant City and State Movant

Thomas Andrew Gehvicks Cincinnati, OH Joseph W. Gehvicks C. C. Gibson III Monticello, AR Elza Clifton Bond, Jr. Michael D. Gifted Peoria, IL Patricia Clarke Benassi Howard Richard Golde Wilmington, DE Robert Jacobs Janice L. Goldman-Carter Washington, DC William Robert Irvin Bruce Reed Goodmiller Lafayette, CA John Maurice Powers Joseph P. Grancio Brooklyn, NY Barry S. Jacobson

A. Gordon Grant Jr. New Orleans, LA Henry J. Read

Steven Smith Guv Phoenix, AZ Robert J. Corcoran Laura Rose Handman New York, NY Richard David Emery Judith Inge Harris Atlanta, GA E. Clayton Scofield, III Helen R. Haynes Philadelphia, PA Laurence Z. Shiekman Don R. Hiltunen Hancock, MI John M. McCarthy David K. Hoel Tulsa, OK C. Rabon Martin Terry L. Hofer Rapid City, SD Joseph M. Butler Jeffrey A. Holcomb Los Angeles, CA Francis J. Cunningham, III Jack Hollingsworth Birmingham, AL William P. Traylor, III

James M. Hollis II Little Rock, AR Franklin Albright Poff, Jr. Craig A. Hoover Washington, DC John Christopher Keeney, Jr. Arnie A. Hove Circle, MT Robert J. Savage Joel P. Iannuzzi Brooklyn, NY Barry S. Jacobson Kenneth H. Jack Wichita, KS Robert Louis Davis MONDAY. APRIL 16. 1990 565

Applicant City and State Movant

Thomas L. James Potomac, MD Arthur H. Bill Forrest H. James III Birmingham. AL Donald H. Brockway, Jr.

Edward Thomas Joyce Chicao, IL William J. Harte George R. Katosic Dallas, TX Larry Lee Simms Therese M. Keeley Haddonfield, NJ Andrew T. Berry Sheppard Williams King IV Austin, TX Terry L. Belt Henry E. Kinser Lexington, KY Charles Ray Hembree

Alan Klein Philadelphia, PA Judah I. Labovitz Kyler G. Knobbe Cimarron, KS James Alfred Williams Joseph Koczaja Albany, NY Nancy Ann Spiegel Maury David Kommor Louisville, KY Stuart Allen Handmaker Harry Lee Washington, DC Betty Jo Christian Charles Warren Lehner Lawrenceburg, William Ralph IN Pfister, Sr. Tim S. Leonard Houston, TX Stephen R. Kirklin Anna M. Lewak Troy, MI Charles H. Blair Joanne Lewis New Britain, CT Douglas Munro Crockett

Fred J. Logan Jr. Prairie Village, Frank J. Ross, Jr. KS Julia Ragsdale Lovorn Houston, TX John C. Nabors Dennis John Mahoney Claremont, CA Milton Maxwell Newmark Richard W. Maki Anchorage, AK Wilson L. Condon Edward William Malavenda West Palm Beach. Terry Alan FL Furnell Allen James Marabito Cleveland, OH John Rocco Climaco Aaron Robert Marcu New York, NY Howard Saul Marcu William Bransfonl Mason Memphis, TN Charles Metcalf Jr. Crump 1

r- n n 566 MONDAY. APRIL 16. 1990

Applicant City and State Movant

Gary D. McCalhster lopeka, Kb Keith Gary bebelius

Charles PL McCrea Jr. Las Vegas, NV Charles rl. lvicurea Mark Edward McLeod jacKson,Tn nlrnrvvi MbTV /TO James Palmer Brantley

Joseph Baer Mellicker New i ork, N Barry S. Jacobson A. John ivierio ChlCO, LA Dennis Michael Latimer briane INeison Mitchell banta Monica, CA Leonard S. o anoisKy rucnaru u. lviiicneii jacKson, ivio Frederick J. Lotterhos

Thomas Moribondo rhiladelphia, rA Gilbert J . bcutti XT"V Christopher M. Murphy beaiord, JN i Robert Merrell jjUiiei w liiiam n. lviurpn^, jr. -Baltimore, iviu iviai la L^risima

VjrULlcI I t:Z Ruben T. Nigaghoni ban Juan, PK Heber E. Lugo Mignucci Rigau Frank Paul Nowicki Chicago, IL Neil F. Hartigan rLQwin w. uiQnam AKron, Un iviarK jonn oKaKun,QLraLrnn illTTT

* T~~J t _pr . t~> t~» i T^l 1 „ \ Jeffrey„ _ _ K. Parker Phoenix, AZ Keith Wesley nagan Dennis R. Pierson Montgomery, AL George Lamar r5ecK, jr.

O ~ ..... 1 TT7 1 T~&- TTT bamuel Wesley Pipes IV Mobile, AL George Sage Lyons Victor Hunter Pribanic McKeesport, PA William Pendleton Hackney Jr T Ufln D A/1 1r AT? J. ihomas Kay .Little KOCk, AK Robert Luther bhults, Jr.

' T JosephT 1 AnthonyA x 1 ReahT~» 1 Marlboro,T\ If 1 1_ NJX T Ihomas Leo OLctpitrLUIl Alice L. Reid San Francisco, CA Howard Victor Golub Florence Snyder Rivas Boca Raton, FL Carl Angeloff MONDAY. APRIL 16. 1990 567

Applicant City and State Movant

Lex A. Rogerson Jr Lexington, SC Herbert Wiley Louthian Richard P. Romeo New York, NY Michael H. DuBoff Jonathan William Romeyn Rochester, NY Robert Charles Bernius Eugene Joseph Rossi Washington, DC Stephen T. Lyons James Steven Rubin Santa Fe, NM James B. Alley, Jr. Dahlia C. Rudavsky Boston, MA Ann Harriet Franke Paul DeWitt Sanson Hartford, CT Paul W. Orth Eric David Schall Smithtown, NY John J. Cullen Natman Schaye Tucson, AZ Bernardo Padilla Velasco John Mark Scully Sedalia, MO Loramel Patricia Wagner Shurtleff Robert Shafer Jacksonville, FL Terry Alan Furnell Michael N. Sheetz Boston, MA Robert E. Sullivan Robert Leigh Shoop Colorado Springs, Alfred W. CO Metzger, Jr. Anthony Michael Shore Chevy Chase, MD Clyde H. Sorrell Steven Taylor Shults Little Rock, AR Robert Luther Shults, Jr. George J. Silver New York, NY Barry S. Jacobson Bruce L. Silverstein Wilmington, DE Bruce M. Stargatt Patricia Ann Smith Alexandria, VA James William Klein Michael Stephen Smith Tampa, FL John Ward Boult Donald L. Smith Raleigh, NC Gordon Eugene Boyce William Gregory Spencer Philadelphia, PA Joseph McCord Miller Edwin Ford Stephens Richmond, VA Robert Harvey Chappell, Jr. Charles Eric Stevens Nashville, TN Thomas H. Peebles, III 568 MONDAY. APRIL 16. 199L

Applicant City and State Movant

David Duncan Stigler Fort Worth, TX Walter J. Scott

T William C. Talman Knoxville, TN Robert W ayne Ritchie David Key Taylor Nashville, TN George Peach Taylor Richard Jeffrey Tofel New York, NY Robert D. Sack Joseph Trovato New York, NY William J. Toppeta Steven B. Varick Chicago, IL Geoffrey G. Gilbert Herbert W. Vaughan Boston, MA James D. St. Clair Norman M. Waas Miami, FL Glenn P. Falk Mary Elizabeth Ward Springfield, VA Margaret N. Strand Byron L. Warnken Baltimore, MD Maria Cristina Gutierrez Kirk Seymour Warren Daytona Beach, Hugo Hesse de FL Beaubien Barbara L. Wartelle Washington, DC John B. McCrory Michael Waxenberg St. Louis, MO Gerald Allen Rimmel Douglas McGuire Weaver DeLand, FL Tura Schnebly Livingston Wernecke Seattle, WA Paul Dunlap Carey Michael H. Whiting- Birmingham, MI Harry S. Stark Robert Eugene Wilkinson Charleston, WV Silas Bent Taylor Margaret E. Woodward New Orleans, LA Joseph J. Levin, Jr. Stephen Yale-Loehr Washington, DC Maurice A. Roberts Anthony F. Zabicki Jr. Philadelphia, PA Daniel T. McWilliams I'adi Zanayed Chicago, IL Saul R. Leibowitz Frank Austin Zeigler Tulsa, OK Frederick P. Gilbert Teresa A. Zoltanski Denver, CO Edward F. Zoltanski

David S. Zuckerman White Plains, NY Landon R. Zuckerman MONDAY, APRIL 16. 1990 569 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Kevin L. King Jefferson City, William H. MO Webster William F. Tassi Los Angeles, CA Lawrence R. Walders Wallace Hood Cheney Fairfax, VA Joseph Michael Quinlan

Oral Arguments

No. 89-640. Manuel Lujan, Jr., Secretary of the Interior, et al., Peti- tioners v. National Wildlife Federation, et al. Argued by Acting Solici- tor General Mr. John G. Roberts, Jr., for the petitioners and by Mr. E. Barrett Prettyman for the respondents.

No. 88-2109. Kansas and Missouri, etc., Petitioners v. Utilicorp United Inc. Argued by Mr. Thomas J. Greenan for the petitioners, by Mr. Floyd R. Finch, Jr., for the respondent and by Mr. Lawrence S. Robbins or the United States, as amicus curiae, supporting respondent, by special leave of Court.

No. 89-624. Maislin Industries, U.S., Inc., et al., Petitioners v. Pri- mary Steel, Inc. Argued by Mr. Thomas M. Auchincloss for the petitioners and by Mr. Thomas W. Merrill for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. APRIL 17. 199U 571 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-2123. Department of the Treasury, Internal Revenue Serv- ice, Petitioner v. Federal Labor Relations Authority, et al. On writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens.

No. 88-1213. Employment Division, Department of Human Re- sources of Oregon, et al., Petitioners v. Alfred L. Smith, et al. On writ of certiorari to the Supreme Court of Oregon. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Scalia. Opin- ion by Justice O'Connor concurring in the judgment with whom Justice

Brennan, Justice Marshall and Justice Blackmun join as to Parts I and II, although they do not concur in the judgment. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Marshall join.

No. 88-1595. Kaiser Aluminum & Chemical Corporation, et al., Peti- tioners v. Joseph A. Bonjorno, et al.; and

No. 88-1771. Joseph A. Bonjorno, et al.. Petitioners v. Kaiser Alumi- num & Chemical Corporation, et al. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed in part, reversed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice O'Connor. Concurring opinion by Justice Scalia. Dissent- ing opinion by Justice White with whom Justice Brennan, Justice Mar- shall, and Justice Blackmun join.

No. 89-431. Yellow Freight System, Inc., Petitioner v. Colleen Don- nelly. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Stevens. 572 TUESDAY. APRIL 17. 199*

No. 88-1685. National Labor Relations Board, Petitioner v. Curtin Matheson Scientific, 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 Marshall. Concurring opinion by the Chief Justice. Dissenting opinion by Justice Blackmun. Dissenting opinion by Justice Scalia with whom Justice O'Connor and Justice Kennedy join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Valerie L. Siegel Greenbelt, MD Harold Aryai Siegel

Kirk Christopher Jenkins Washington, DC John S. L. Katz

Oral Arguments

No. 89-530. Portland Golf Club, Petitioner v. Commissioner of Inter- nal Revenue. Argued by Mr. Leonard J. Henzke, Jr., for the petitioner and by Mr. Clifford M. Sloan for the respondent.

No. 89-789. Alabama. Petitioner v. Vanessa Rose White. Argued by Mr. Joseph G. L. Marston for the petitioner and by Mr. David B. Byrne, Jr., for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL WEDNESDAY. APRIL lb. 199( 573 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-1000. New York, Petitioner v. Bernard Harris. On writ of certiorari to the Court of Appeals of New7 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. Dissenting opinion by Justice Marshall with whom Justice Brennan, Justice Blackmun, and Justice Stevens join.

No. 88-1725. Juan Francisco Venegas, Petitioner v. Michael R. Mit- chell. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice White.

No. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. On writ of certiorari to the Supreme Court of Minnesota. Judgment affirmed. Opinion by Justice White. Concurring opinion by Justice Stevens. Con- curring opinion by Justice Kennedy. The Chief Justice and Justice Blackmun dissent.

No. 88-5986. Clyde Osborne, Appellant v. Ohio. Appeal from the Supreme Court of Ohio. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Concurring opinion by Jus- tice Blackmun. Dissenting opinion by Justice Brennan with wT hom Jus- tice Marshall and Justice Stevens join.

No. 88-1150. Missouri, et al. , Petitioners v. Kalima Jenkins, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed in part, reversed in part, and the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Opinion by Justice Kennedy concurring in part and concurring in the judgment with wT hom the Chief Justice, Justice O'Connor, and Justice Scalia join.

No. 88-1835. Florida, Petitioner v. Martin Leslie Wells. On writ of certiorari to the Supreme Court of Florida. Judgment affirmed. Opinion by the Chief Justice. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall joins. Opinion by Justice Black- 574 WEDNESDAY. APRIL 18. 1990 mun concurring in the judgment. Opinion by Justice Stevens concurring in the judgment.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Peggy McMahon Boise, ID John J. McMahon Lewis A. Armistead Jr. Cambridge, MA Philip J. McCarthy Jr. Thomas R. Finn East Providence, Philip J. RI McCarthy Jr.

Oral Arguments

No. 89-478. Maryland, Petitioner v. Sandra Ann Craig. Argued by Mr. J. Joseph Curran, Jr., for the petitioner and by Mr. William H. Murphy, Jr., for the respondent.

No. 89-260. Idaho, Petitioner v. Laura Lee Wright. Argued by Mr. James T. Jones for the petitioner, by Mr. William C. Bryson for the United States as amicus curiae supporting the petitioner, by special leave of Court, and by Mr. Rolf Michael Kehne for the respondent.

Adjourned until Monday, April 23, 1990 at 10 o'clock. (JOURNAL) MONDAY, APRIL 23, 1990 575 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-804. Minnesota, Petitioner v. Eli A. Hershberger, et al. On petition for writ of certiorari to the Supreme Court of Minnesota. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Minnesota for further consideration in light of Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. (1990). Justice Stevens and Justice O'Connor dissent.

Orders in Pending Cases

No. — . In Re James L. Martin. The motion to direct the Clerk to file a petition for a writ of certiorari is denied.

No. — . Michael Moore, et al., Petitioners v. J. C. Carr, et al. The motion to direct the Clerk to file an application for an extension of time and petition for a writ of certiorari, out-of-time, is denied.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The motion of the River Master for approval of fees is granted and the River Master is awarded $1,215.00 for the period January 1-March 31, 1990, to be paid equally by the parties. No. D-857. In the Matter of Disbarment of Robert L. Kay. Disbar- ment order entered.

No. D-859. In the Matter of Disbarment of Kenneth J. Dawes, Jr. Kenneth J. Dawes, Jr., of Trenton, New Jersey, 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 Feb- ruary 20, 1990, is hereby discharged.

No. D-893. In the Matter of Disbarment of John Lewis Aulvin. It is ordered that John Lewis Aulvin, of Mount Carmel, Illinois, be sus- 576 MONDAY. APRIL 23. 1990 pended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-894. In the Matter of Disbarment of Bernard Herbert Ostrow- sky. It is ordered that Bernard Herbert Ostrowsky, of Skokie, 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-895. In the Matter of Disbarment of Louis Carl Dineff. It is ordered that Louis Carl Dineff, of Summit, 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-896. In the Matter of Disbarment of Charles B. Johnson. It is ordered that Charles B. Johnson, of Pasadena, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty clays, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-897. In the Matter of Disbarment of Alan Mark Hersh. It is ordered that Alan Mark Hersh, 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. 89-839. Arizona, Petitioner v. Oreste C. Fulminante. The motion for appointment of counsel is granted and it is ordered that Stephen R.

Collins, Esquire, of Phoenix, Arizona, is appointed to serve as counsel for the respondent in this case.

No. 89-1167. Robert L. Brutsche, Petitioner v. Linda Cleveland-

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

No. 89-1361. Church of Scientology of California, Petitioner v. Larry Wollersheim. The motion of National Council of Churches of Christ in the U.S.A., et al. for leave to file a brief as cnnici curiae is granted. Justice Brennan took no part in the consideration or decision of this motion.

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. The motion of appellee Darius Strong for leave to proceed further herein in MONDAY. APRIL 23. 1990 577 forma pauperis is granted. The motion for appointment of counsel is

granted and it is ordered that Charles S. Hamilton, III, Esquire, of Se- attle, Washington is appointed to serve as counsel for the appellee Da- rius Strong in this case for the purpose of filing a brief.

No. 89-6868. Pauline F. Nowak, Petitioner v. Walter S. Trezevant. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 14, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Jus- tice Marshall, dissenting: For the reasons expressed in Brown v. Her- ald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 87-6796. James A. Ford, Petitioner v. Georgia. The motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Georgia granted limited to Ques- tions 1 and 2 presented by the petition.

No. 89-1363. United States, Petitioner v. Darlina K. France. 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. 89-1448. Virginia Bankshares, Inc., et al., Petitioners v. Doris I.

Sandberg, et al. The motion of American Corporate Counsel Associa-

tion for leave to file a brief as amicus curiae is granted. The motion of

American Bankers Association, et al. for leave to file a brief as amici

curiae is granted. The motion of American Bankers Association, et al.

for leave to file an amended brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Questions 1 and 2 presented by the petition.

No. 89-5916. Richard Demarest, Petitioner v. James Manspeaker, et al. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 89-6332. Robert S. Minnick, Petitioner v. Mississippi. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Mississippi granted. 578 MONDAY. APRIL 23. 199( Certiorari Denied

No. 89-915. Tennessee, Petitioner v. Ronnie M. Cauthern. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied.

No. 89-960. Tideland Welding Service, et al., Petitioners v. Walter Sawyer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1212. Avon Davis, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1223. Independent U. S. Tanker Owners Committee, et al.,

Petitioners v. Samuel K. Skinner, Secretary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1228. Local 54, Hotel Employees & Restaurant Employees

International Union, AFL-CIO, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-1311. S. Mason Carbaugh, Commissioner, Department of Ag- riculture and Consumer Services of Virginia, Petitioner v. Telco Com- munications, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1375. BP Exploration (Alaska) Inc., et al.. Petitioners v.

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

No. 89-1376. Earlene Polyak, Petitioner v. Frank Hulen, et al.: and

Earlene Polyak. Petitioner v. Frank Hulen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1379. C. V. Alston, et al.. Petitioners v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1381. James R. Endress, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. APRIL 23. 1990 579

No. 89-1384. Ernest Ross, et al., Petitioners v. Bank South, N.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1386. Rita Iris Fishman, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied.

No. 89-1388. Jonathan C. Scott, Petitioner v. Dreamlite Holdings Limited, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1406. Bernard S. Neistein, Petitioner v. Illinois Attorney Registration and Disciplinary Commission. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-1407. Misty Dawn Davis, etc., Petitioner v. Kentucky Fi- nance Companies Retirement Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1424. Linden Crouch, Petitioner v. Kevin N. Mclntyre. Peti- tion for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-1449. Richard A. Holman, et al., Petitioners v. L. Metcalfe Walling. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-1457. Margaret Mary Limonja and Raymond James Brooks,

Petitioners v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 89-1465. Daniel Kozak, Petitioner v. United States Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1475. Charles A. Silva, et al., Petitioners v. Shirley Mac- Laine, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1509. Richard J. Wagner, Petitioner v. United States Bank- ruptcy Court. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1521. Craig Allen Lackey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1528. Gloria Crutchfield, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-1537. Dennis J. Solomon, Petitioner v. William Hill, Wynn Underwood, Louis Peck, Albert Barney and Robert Larrow. Petition 580 MONDAY. APRIL 23. 1990

for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-5985. James Justin Dierbeck, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi-

sion 1, denied.

No. 89-6205. Edward Leroy Morton, Petitioner v. Richard L.

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

No. 89-6274. Carl Eric Olsen, Petitioner v. Drug Enforcement Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-6303. Herman Paige, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-6313. Jeanmarie Chapoteau and Michael Crown, Petitioners

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

No. 89-6426. Andre Cartier, Petitioner r. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-6512. Harry Duprey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6523. Thomas Otis Eaton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-6546. Christie Buzard, Juan Antonio Tercero and Albert

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

No. 89-6760. Melchor R. Jayme, Petitioner v. Board of Veterans Ap- peals, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-6777. Cleveland Bell, Petitioners Larry Smith, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6801. Margaret Crane, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. MONDAY, APRIL 23. 1990 581

No. 89-6804. John Bennett Schaening, Petitioner v. James Rowland, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6819. James W. Menefield, Petitioner v. James Rowland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6823. Fred E. Williams, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-6824. Ronald Telk, Petitioner v. United States Postal Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6825. Annselm Vinje-Morpurgo, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6826. Richard Simon, Petitioner v. Bethlehem Steel Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6828. Moshe Rotman, Petitioner v. Worcester Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6831. Ricky Anthony Freeman, Sr., Annette Brown and Xa- vier Brown, Petitioners v. City of Lagrange, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 89-6834. Maryfrances Cassell, Petitioner v. Henry F. Gingrich, Gingrich and Smith, and A. Arlene Miller; and Maryfrances Cassell, Pe- titioner v. Henry F. Gringrich, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 89-6836. Gregory R. Johnson, Petitioner v. Milton R. Baxley,

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

No. 89-6842. John R. Kucher, Petitioner v. Massachusetts Depart- ment of Employment Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6844. Edward J. Brennan, Jr., Petitioner!'. Edward J. Bren- nan, III, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 582 MONDAY. APRIL 23. 1990

No. 89-6850. Ralph Lepiscopo, Petitioner v. Petra Jimenez-Maes, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-6853. Michael Allan Durosko, Petitioner v. Samuel A. Lewis,

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. 89-6854. Carolyn Ruth Sanford, Petitioner v. Alameda Contra Costa Transit District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6861. Phillip Elliot Jones, Petitioner v. City of Hamtramck, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-6862. Lorene Sakovich, Petitioner v. Bakul Pandya. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-6863. Roland H. Barnett, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-6873. Rutilio Castro, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6879. John Barbella, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-6884. George W. Busch, Petitioner v. David S. Owens, Jr.,

Commissioner, Pennsylvania, Department of Corrections, et al. Peti- tion for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-6894. Eunice Justice, Petitioner v. Marian Reda, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6895. Aaron Holsey, Petitioner v. R. W. Cauffman, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6908. Leonard Davis, Petitioner v. Robert Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6936. Hezekiah Baker, Petitioner v. New York State Depart- ment of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, APRIL 23. 1990 583

No. 89-6940. John Bryant, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-6962. Patrick Zanzucchi, Petitioner r. Allan Weinberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6975. M. V. Peoples, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6977. Lawrence A. Azure, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6983. Sunday Obabueki, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6984. Antonio D. Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6999. Orrin Shaid, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7001. Angel Diaz, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7002. Ismael Cardenas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7004. John Martinez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied.

No. 89-7006. Carlos D. Sierra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7018. Ronald Ray McMillion, Petitioner v. James N. Rollins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7019. Pablo Ramon Munoz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 584 MONDAY. APRIL 23. 1990

No. 89-7021. Imam Shahid Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7027. Brad C. Bradley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-7034. Donal C. Coleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7040. Arturo Gonzalez Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-7041. Sigifredo de Jesus Montoya-Rojas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-7042. Kenneth Jaworski, Petitioner v. Warren Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7050. Joe Alfred Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7055. Peter Alexander Beierle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7065. Gregory Earl Mains, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-794. Dennis Michael McCambridge, Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Brennan and Justice White would grant certiorari.

No. 89-1079. PPG Industries, Inc., Petitioners United States Envi- ronmental Protection Agency, et al. The motion of Society of the Plas- tics Industry, 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. 89-1084. Pedro DaSilva and Steven Finn, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice White and Justice Black- mun would grant certiorari. MONDAY. APRIL 23. 1990 585

No. 89-1164. General Motors Corporation, Petitioner v. Mary A.

Carlson, et al. The motion of Motor Vehicle Manufacturers Association of the United States 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 Fourth Circuit denied.

No. 89-1197. City of St. George, Utah, Petitioner v. Phillip L. Fore- master. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. Justice White would grant certiorari.

No. 89-1336. Ruth Rushen, Director, California Department of Cor- rections, Petitioner v. Johnny Spain. 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. 89-1367. Larry Wollersheim, Petitioner v. Church of Scientology of California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 89-1401. Exxon Corporation, Petitioner v. Wyoming State Board of Equalization. The motion of Committee on State Taxation of the Council of State Chambers of Commerce for leave to file a brief as amicus curiae is granted. The motion of Institute of Property Taxation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 89-5222. Tommy Jerry Fortenberry, Petitioner v. Alabama. Pe- tition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6431. Jesse Lee Morrison, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6765. Constantino Carrera, 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. 89-6679. John Edward Swindler, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins. 586 MONDAY, APRIL 23, 1990 Prohibition Denied

No. 89-6840. In Re Robert Henderson, Petitioner. The petition for writ of prohibition is denied.

Rehearings Denied

No. 88-6677. Horace Butler, Petitioner v. Kenneth D. McKellar,

Warden, et al.;

No. 89-1122. Edward Dean Christensen, Petitioner v. Bryce H. Pettey, et al.;

No. 89-1126. Helmut Suehl, et al., Petitioners v. Iowa;

No. 89-6261. Larry Lawson, Petitioner v. California;

No. 89-6458. W.A. MacGuire, Petitioners Miller, Shine & Bryan, et al.; and

No. 89-6556. Henry L. McCone, Petitioner v. Sagebrush Properties,

Inc., et al. The petitions for rehearing are denied.

No. 88-1650. Francine Tafflin, et al., Petitioners v. Jeffrey A.

Levitt, et al. The second motion for leave to file a petition for rehearing is denied.

No. 89-1068. Jean Rosenbaum, Petitioner v. Richard Rosenbaum, et al. The application to suspend the effect of the order denying certiorari addressed to Justice O'Connor and referred to the Court is denied. The petition for rehearing is denied.

Order

It is ordered that the call of the calendar, except for the hearing of the Flag cases on May 14, 1990, and any other special assignments, be suspended for the Term upon the conclusion of the arguments in the cases listed for hearing this week.

Recess Order

The Court will take a recess from Monday, April 30, 1990, until Mon- day, May 14, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Joseph S. Alen Cambridge, MA R. Bruce Rich Donald E. Amos Chicago, IL Walter Jones Jr. MONDAY. APRIL 23. 199( 587

Applicant Citv and Statf Movant

Mark Joseph Andrews Washington, DC Fritz R. Kahn Ollie Jefferson Ansley Fort Worth. TX Judge David 0. Belew Jr. Terry Wayne Aron Tucson, AZ S. Jeffrey Minker Edward T. Barry Pittsburgh, PA Paul E. Hopper Joseph C. Bird Troy, MI Harry S. Stark Joann M. Bour-Stokes Columbus, OH Richard Joseph Vickers Mary E. Bower Pittsburgh, PA Edmond B. Smith Jr. Raymond A. Bragar New York, NY Paul D. Wexler Christine A. Bremer Wausau, WI Alan E. Grischke Thomas J. Brill Kansas City, MO Kenton C. Granger

Randall J. Brubaker Philadelphia, PA Kenneth A. Gelburd Thomas Arthur Bryan New York, NY James Fearon Bryan Sally R. Burger Kansas City, MO Floyd R. Finch Jr.

Patrick S; J. Carmack Colorado Springs, Larry Derryberry CO James Peyton Collins Los Angeles, CA John P. Collins William Clifford Couch Denton, TX Virginia Nelson Hammerle Thomas W. Davis Glasgow, KY Shelley T. Riherd Robert T. Dillon Albany, NY J. Neil Devine John Joseph Dunbar Chicago, IL Barry Sullivan Daniel Robert Dwyer Washington, DC Bonnie Ann Beavers Dale Susan Fischer Los Angeles, CA Craig Jorgensen Charles J. Fitzpatrick San Antonio, TX Francis William Baker Robert E. Fontenelle Jr New Orleans, LA John L. Hantel Connie Marie Francis Kansas City, MO Sean D. O'Brien John W. Frommer Harrisburg, PA LeRoy Smigel Kem Thompson Frost Houston, TX Jeffrey Lloyd Jovce 588 mc XDAY. APRIL 23. 199U

Applicant Citv and State Movant

Gary D. Ginsberg- Ewansville. NJ Robert Aaron Porter Bruce A. Green New York. XY Robert John David Reilly Suzanne S. Greene Chicago. IL Charles Daniel Karnes Stephen W. Guice Pitman. NJ Robert Aaron Porter William Timothy Harvey Clarksville. TX Dean Hill Rivkin Martin Bell Healy Alexandria, YA William W. Thompson Jr. Mark Herrmann Cleveland. OH Janet L. Miller Arthur Theodore Hindin Beverly Hills. CA James J. Doherty Thad Stevenson Huffman Washington, DC Mark X. Savit Stanley M. Huggins Memphis, TX Larry Edward Parish Richard Bowman Johnston Hartford, CT Jay W. Miller William Edward Keadle Little Rock, AR Timothy James Leathers Edwin Kelly Cleveland, OH George William Trumbo James E. Kline Toledo. OH Edwin Martin Bergsmark Stephen T. LeCuyer Albuquerque. XM Earl R. Mettler Richard L. Lee Jr. Midland. MI Donna Thourlby Morris Burton Harry Levin Baltimore. MD Xeal Marcellas Janey Ralph P. Lilore Bloomfield. XJ Robert William Byrne Karen Elizabeth Long Carrboro. XC Jo Anne Sanford John Adam Martin III Washington, DC A. Robert Cherin

Terrence J. McCartin Washington, DC James Francis Hibey Samuel R. McCord Birmingham, AL Richard Allen Meelheim Wilfredo Mercado-Ramos Sabana Grande. Luis Roberto PR Santos MONDAY. APRIL 23. 1990 589

Applicant City and State Movant

Robert Bruce Millner Chicago, IL Thomas William Dressier Michael H. Moirano Chicago, IL Donald Cahill Shine Barbara Moses San Francisco, CA Alfred Henry Moses John Timothy Murray Sandusky, OH Dennis E. Murray L. Hope O'Keeffe Washington, DC Peter O'Neil Shinevar Joseph R. Papp Troy, MI Charles H. Blair Charles Weldon Park Chickasha, OK Robert B. Park William H. Pitsenberger Topeka, KS Keith Gary Sebelius A. Lane Plauche Lake Charles, LA Allen L. Smith Jr. Judy Rabinovitz New York, NY Judith Levin Nancy Lee Reese Sacramento, CA Madeline McDowell Vernon Donald Roof Ridgway, PA Norbert J. Pontzer Paul W. Schroeder Chicago, IL Theodore R. Scott Richard A. Segal Phoenix, AZ Frederick H. Rosenfeld Gary Leonard Segal Rockville, MD Thomas M. Slawson Donald D. Self Holdenville, OK William C. Henry Linda D. Shepherd Little Rock, AR Judge Judith Rogers Thomas Allen Shumaker Akron, OH Michael L. McGowan Victor Tobin Fort Lauderdale, J. David FL Bogenshutz Marion Francis Walker Birmingham, AL William Copeland Wood Jr.

Jeffrey I. Weinberger Los Angeles, CA Peter R. Taft Morgan Eldridge Welch Jr. North Little Judge Judith Rock, A Rogers Margaret E. Wetherald Seattle, WA Jeffrey C. Grant Stephen Earl Whitwell Sr. Little Rock, AR Judge Judith Rogers 590 MONDAY. APRIL 23. 1990

Applicant City and State Movant

Reynaldo 0. Yana Saipan, Northern David Armstrong Mariana Islands Webber Gary Leo Yost Jefferson, OH John G. Cardinal

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lorine A. Hoskins Fountain Vallev, Randall Wavne CA Scott Stasia Zoladz Vogel Buffalo, NY Nellie J. Gray Shellie Hadley Ruston Denver, CO Ira Michael Shepard Sandra M. Lipsman New York, NY Terrence A. Corrigan Lisa Roxanne Rosenthal New York, NY Marvin Gerald Pickholz Laila Grabowsky Bottomry Berkeley, CA Fred Grabowsky Paul Joseph Maselli Princeton. NJ Fred Grabowsky Donna R. Kramer Ossining, NY Randolph J. May Alan Todd Kramer New York, NY Randolph J. May

Oral Arguments

No. 89-601. Commissioner, Immigration and Naturalization Service, et al., Petitioners v. Marie Lucie Jean, et al. Argued by Mr. Paul J. Larkin, Jr., for the petitioners and by Mr. Ira J. Kurzban for the respondents.

No. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al. Argued by Mr. Warren J. Marwedel for the petitioner and by Mr. Rob- ert J. Kopka for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. APRIL 24. 1990 591 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 88-2102. James Stewart, et al., Petitioners v. Sheldon Abend, dba Authors Research Company. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice White concurring in the judgment. Dissenting opinion by Justice Stevens with whom the Chief Justice and Justice Scalia join.

No. 88-1281. Alex Ngiraingas, et al, Petitioners v. Francisco Q. Sanchez, etc., et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Blackmun. Justice Scalia does not join Part II-B of this opinion. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins. Justice Kennedy took no part in the consideration or decision of this case.

No. 88-7146. Jonas H. Whitmore, individually and as next friend of

Ronald Gene Simmons, Petitioner v. Arkansas, et al. On writ of certiorari to the Supreme Court of Arkansas. Writ of certiorari dismissed for want of jurisdiction. See Doremus v. Board of Education, 342 U.S. 429 (1952). Opinion by the Chief Justice. Dissenting opinion by Justice Mar- shall with whom Justice Brennan joins.

Admissions to the Bar on Oral Motions

City and State Movant

Michael J. Devine Springfield, MA James Mitchell Collin Darrell Lee Moore Pryor, OK Benjamin Thomas Riddles II

T Elizabeth Ann Bray Fairfax, VA W illiam Bruce Cummings 592 TUESDAY. APRIL 24. 1990

Applicant City and State Movant

Mary Gabrielle Sprague Denver, CO Kenneth V. Handal Carly Ray Van Dox Alexandria, VA Robert D. Grossman Jr. Joanne Elliott Pastorello Chicago, IL Peter J. Birnbaum Terence Edward Vayda Schaumburg, IL Peter J. Birnbaum

Oral Arguments

No. 89-504. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Marilyn Finkelstein. Argued by Mr. David L. Shapiro for the petitioner and by Mr. Kenneth V. Handal for the respondent.

No. 89-645. Michael Milkovich, Sr., Petitioner v. Lorain Journal Co., et al. Argued by Mr. Brent Lawson English for the petitioner and by Mr. Richard D. Panza for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. APRIL 25. 1990 593 SUPREME COURT OF THE UNITED STATES

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

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Randall Coyne Washington, DC Matthew W. S. Estes Richard L. Rosett Los Angeles, CA Richard Kennon Willard Robert Lee Scott Jr. Indianapolis, IN Roger W. Langsdorf

Oral Arguments

No. 89-152. Vera M. English, Petitioner v. General Electric Com- pany. Argued by Mr. M. Travis Payne for the petitioner, by Mr. Chris- topher J. Wright for the United States, as amicus curiae, supporting- petitioner, by special leave of Court, and by Mr. Carter G. Phillips for the respondent.

No. 89-5809. Robert Sawyer, Petitioner v. Larry Smith, Interim Warden. Argued by Ms. Catherine Hancock for the petitioner and by Ms. Dorothy A. Pendergast for the respondent.

Adjourned until Monday, May 14, 1990 at 10 o'clock. x

(JOURNAL) THURSDAY. APRIL 26. 1990 595 SUPREME COURT OF THE UNITED STATES

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

Rehearing Denied

No. 88-6393. Ronald Raymond Woomer, Petitioner v. James Aiken, Warden, et al. The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. The motion for leave to file a second petition for rehearing is denied. Justice Brennan and Justice Marshall would grant the application for stay of execution.

Order in Pending Case

No. A-748. Ronald Raymond Woomer, Applicant v. James Aiken,

Warden, et al. The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) FRIDAY. APRIL 27. 1990 597 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 89-5167. Jessie Joseph Tafero, Petitioner v. Richard Dugger, Secretary, Florida Department of Corrections. The application to suspend the effect of the order denying certiorari presented to Justice Kennedy and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

(JOURNAL) MONDAY, APRIL 30. 1990 599 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 89-6976. Mary Ellen Klein, Appellant v. Massachusetts. Appeal from the Supreme Judicial Court of Massachusetts. 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. 89-5297. John Nathaniel Hill, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Sixth. Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The 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 Florida v. Wells, 495 U. S. — (1990).

No. 89-5446. Susan J. Kordosky, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Florida v. Wells, 495 U. S. (1990).

No. 89-6903. Samuel D. Smith, Petitioner v. Missouri. On petition for writ of certiorari to the Supreme Court of Missouri. 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 Missouri for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990) and Boyde v. California, 494 U. S. (1990). 600 MONDAY. APRIL 30. 1990

Orders in Pending Cases

No. . Anthony Brown, Petitioner v. United States. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is denied.

No. . Stevon Mathis, Petitioner v. United States. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is denied.

No. . Rose Lightfoot, Petitioner v. Louis R. Sullivan, Secretary of Health and Human Services. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-700. Kulalani Ltd., et al, Applicant v. Lillian Hagopian Corey. The application for recall and stay of mandate addressed to Jus- tice Stevens and referred to the Court is denied. No. 89-1104. Alcan Foil Products Division of Alcan Aluminum Cor- poration, Petitioner v. United States. The motion of petitioner to strike brief of the United States is granted.

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 89-1435. American Railway and Airway Supervisors Associa- tion, et al., Petitioners u Soo Line Railroad Company. The Solicitor

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

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. The motion of appellees for divided argument is denied. The motion of appellees Eichman, Blalock, Tyler, Haggerty, Garza and Campbell for leave to proceed further herein in forma pauperis is granted. Certiorari Granted

No. 89-1149. Coy R. Grogan, et al., Petitioners v. Frank J. Garner, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. Certiorari Denied

No. 88-1564. Kevin P. Judge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. APRIL 30. 1990 601

No. 88-7446. Kevin Thomas Ford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1082. Jones Hirsch Connors & Bull, Petitioner v. United States District Court for the District of Puerto Rico, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1172. Goldhofer Fahrzeugwerk GmbH & Co., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1201. Lester C. Tollefson, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-1242. Abortion Rights Mobilization, Inc., et al., Petitioners v.

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

No. 89-1255. National Small Shipments Traffic Conference, Inc. 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. 89-1265. John V. Capozzi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1275. Rosella O'Grady, et vir, Petitioners v. Robert I. Oberhand and Joseph DiLallo. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-1316. Ronald Behagen, Petitioner v. USA Basketball, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1324. Gannett Co., Inc., Petitioner v. Delaware, et al. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-1402. Norman Heifner, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 89-1404. Michael Cameron, et ux., Petitioners v. Beeler, Schad and Diamond, P.C. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1411. Nathaniel W. Tindall, II, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-1414. Charles Ben Howell, Petitioner v. Oscar Mauzy, et al. Petition for writ of certiorari to the Supreme Court of Texas denied. 602 MONDAY. APRIL 30, 1990

No. 89-1418. Illinois Corporate Travel, Inc., dba McTravel Travel

Services, Inc., Petitioner v. American Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1431. Morris B. Myers, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 89-1432. Wayne P. Jackson, Petitioner v. Johnstown/Consoli- dated Realty Trust, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-1437. Wanda Ramey Sutherland, etc., et al., Petitioners v.

Kenneth A. Holcombe, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1440. Knox County, Tennessee, et al., Petitioners v. Ned Ray McWherter, Governor of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1446. Ahtna, Inc., Petitioner v. Alaska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1447. Ideco Division of Dresser Industries, Inc., Petitioners.

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

No. 89-1466. Bernard D. Ryan, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 89-1487. Allen Dunlap, Petitioner v. A. L. Lockhart, Director,

Arkansas Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1496. James William Gilliam, II, Petitioner v. National Com- mission on Certification of Physician Assistants, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1535. Celio Castro and Larry Foltz, Petitioners v. United

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

No. 89-1540. Dan Ames, Petitioner v. Daniel Summey, Jerry Dagen- hart and Douglas James Hudson. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6500. Terranee Boudreau, Petitioner v. Waylon B. Collins, Superintendent, Moore Correctional Institution, et al. Petition for writ MONDAY, APRIL 30. 1990 603 of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 89-6525. Jack D. Reynolds, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 89-6565. William C. L. "Lee" Fry, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 89-6646. Arturo Munster-Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6719. Ernie L. Bruno, Petitioner v. Federal Mine Safety & Health Review Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6783. Carroll E. Harrison, Petitioner v. James N. Rollins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6839. In Re James L. Martin, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6851. John Robert Demos, Jr., Petitioner v. United States District Court for the District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6877. Larry Taylor, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-6880. Tim E. Conley, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied.

No. 89-6897. Leota Sevilla, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6898. Wayne G. Woods, Petitioner v. Herman Solem, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6901. Leonard Dowell, Petitioner v. Marty Lensing, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 604 MONDAY. APRIL 30. 1990

No. 89-6902. Pasquale Coleman, Petitioner v. Delaware. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6904. Tim Conley, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-6905. Albert Holley, Jr., Petitioner v. C. R. Edwards, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6907. Peter Galowski, Petitioner v. James Murphy, Superin- tendent, Columbia Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6909. Daniel Carter, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution (and Diagnostic and Classifi- cation Center) at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6910. Wilbert Norwood Starks, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6914. David Meyers, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 89-6915. Julia Camden, Petitioner v. Circuit Court of Crawford

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

No. 89-6921. Elwood Clark Barclay, Petitioner v. Bob Martinez,

Governor of Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 89-6922. Everett Hunt, Robert Meyer and Pearly Wilson, Peti- tioners v. Gay Reynolds. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6928. William Cooper, Petitioner v. Dick D. Moore, Director of Corrections, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 89-6930. Luis C. Frias, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 89-6931. Richard R. Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, APRIL 30. 1990 605

No. 89-6938. Gary Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6947. David Fountain, Petitioner v. West Point Military Academy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-6955. Benjamin Chevis Cumber and Byron Carlton Cumber,

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

No. 89-6974. John Robert Demos, Jr., Petitioner v. United States District Court for Eastern District of Washington; and John Robert T Demos, Jr., Petitioner v. United States District Court for the W estern

District of Washington; and John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6997. Quincy Penn Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7020. Floyd E. Swartz, Petitioner v. Internal Revenue Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7028. Louis Edward Fryhover, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7039. Haywood Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7054. Tito Despaigne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7067. David B. Barber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-7073. Antonio Evidente, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7078. Roy Finley Faulkner, Petitioner v. Henry Grayson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 606 MONDAY, APRIL 30. 1990

No. 89-7088. James Lee Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7091. Errol Hanley, aka "Earl Huntly", Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7093. Carla Jean Hereau, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7098. Geronimo Muniz-Melchor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7106. Leonard Orozco Buenrostro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7121. John Fitzgerald Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7130. Frank Tyrone Evans, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 87-6927. Alexis Hamilton, as natural mother and next friend of

James Edward Smith, 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. 89-81. Miriam Wilson, et al., Petitioners v. Michael Lane, Direc- tor, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice Brennan and Justice Marshall dissent. No. 89-5596. Leonard Marvin Laws, by and through Marvin E.

Laws, as his next friend, Petitioner v. Paul Delo, Superintendent, Po- tosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6954. Kenneth Earl Magwood, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 89-1067. General Motors Corporation, Petitioner v. Mary R.

Wells, et al. The motion of Equal Employment Advisory Council for leave to file a brief as amicus curiae is granted. Petition for writ of MONDAY. APRIL 30. 1990 607 certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1159. Daniel Ferris, Petitioner v. Kentucky. Petition for writ of certiorari to the Circuit Court of Kentucky Campbell County denied. Justice White and Justice Blackmun would grant certiorari.

No. 89-1232. Colorado, Petitioner v. Charles Cleburn. The application for stay presented to Justice White and by him referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Colorado denied. No. 89-1272. American Federation of Government Employees,

AFL-CIO, et al., Petitioners v. Samuel K. Skinner, Secretary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Marshall would grant certiorari.

No. 89-1419. Halifax Hospital Medical Center, Petitioner v. Richard

A. Bolt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari. Habeas Corpus Denied

No. 89-7105. In Re Clovis Carl Green, Jr. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 89-1220. In Re Victor H. Van Sant, Petitioner;

No. 89-6731. In Re Robert I. Feldman, Petitioner; and

No. 89-6874. In Re Robert I. Feldman, Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 88-1264. James Saffle, Warden, et al, Petitioners v. Robyn Leroy Parks;

No. 88-6613. Richard Boyde, Petitioner v. California;

No. 88-7222. Robert Tassin, Petitioner v. Louisiana;

No. 89-1226. James George Walker, Petitioner v. Suburban Hospital Association, et al;

No. 89-5998. Michael Allen Hamilton, Petitioner v. California;

No. 89-6395. Robert L. McClain, Petitioner v. Robert C. Mitchell, et al.; 608 MONDAY. APRIL 30. 1990

No. 89-6455. In Re Michael John Warren, Petitioner;

No. 89-6553. Martha B. Gaunce, Petitioner v. Clair W. Burgener,

et al.;

No. 89-6594. In Re James L. Martin, Petitioner; and

No. 89-6639. John Kim, Petitioner v. United States. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jack P. Adler Somerville, NJ Walter F. Mondale Joseph Keith Brenner Washington, DC Dennis M. Flannery William J. Bribriesco Bettendorf, IA Charles Winston Brooke TTT'IV TT Russell J. Bruemmer Washington, DC William H. Webster

- TV/T ' 1 1 TT T"> 1 TV i T A T"» * 1 IT 1 Michael K. Bush Davenport, IA Richard Jordan Wells Richard 1. Cassidy Burlington, VI Harvey D. Carter jr.Tv Gordon Davenport III Madison, WI John S. Skilton Donald A. Donati Memphis, TN Richard B. Fields Bruce Howard Epstein Los Angeles, CA Harry Joseph Gerrity

James A. Eske Lincoln, NE James J. DeMars Patrick Joseph Falahee Jr. Chicago, IL Michael Patrick Connelly David B. Fannin Austin, TX Charles A. Palmer Patrick Joseph Filan Stamford, CT Paul O'Dwyer Robert Graham Fiore Annapolis, MD John N. Ruth Patrick Donovan Lake Charles, LA Michael Jesse Gallaugher Jr. McNulty III Malinda Ann Gaul San Antonio, TX James A. Kosub James W. Gewin Birmingham, AL Scott M. Phelps Joel Martin Goldstein Glen Ellyn, IL James B. Davidson MONDAY, APRIL 30. 1990 609

Applicant City and State Movant

Linda J. Gomberg Fullerton, CA David W. Casey Paul R. Gupta Boston, MA Roger Alan Klein Douglas J. Harrison Piscataway, NJ Vincent Paul Crisci Kevin Walker Hecht Denver, CO Richard Waldron Bryans William Richard Horner New York, NY Howard N. Aronson Anthony F. Iovino New Hyde Park, Joseph C. Bondi NY Joe David Jacobson Washington, DC Earl J. Silbert Stephen Allen Jonas Boston, MA James M. Shannon Charles Kelly Pittsburgh, PA Harry Woodruff Turner Neil David Kimmelfield Washington, DC William L. Goldman Terry Lewis Ypsilanti, MI Anne M. Chalk Sullivan Cary David Lowe San Bernardino, Charles D. Schoor CA Kevin Anthony Lund Rochester, MN Franklin Michaels Edward Meade Macon Richmond, VA John S. Morris III David McAuley Pittsburgh, PA Robert E. Luxen Gary Leo Mestman Los Angeles, CA John 0. Adams Irving Meyer Los Angeles, CA Philip Joe Karlin Theron Monroe Moore Perry, GA Sam Nunn Nancy W. Pierce New York, NY Norman Sinrich Victor P. Reed San Francisco, CA Francis R. Walsh Paul oodward Reeder Williamsport, PA William E. Nichols Stuart M. Saft New York, NY Fred Taylor Isquith Colin Gene Sandercock Washington, DC Charles Edmund Lipsey Maria Hortencia Sandoval Santurce, PR Harry Anduze- Montano Kathryn Anne Schindelar Stanhope, NJ John H. Murphy Robert J. Shanahan Jr. Bedminster, NJ Peter J. McDonald W. Stephen Smith Washington, DC Ronald G. Carr 610 MONDAY, APRIL 30. 1990

Applicant City and State Movant

Steven A. Sokol Los Angeles, CA John R. Hetland Maridell Jantz Templeton Dallas, TX Donald D. Koons John Traficonte Boston, MA James M. Shannon Patrick Van Tiflin Lansing, MI James Hamilton Geary Myra L. Willis Kalamazoo, MI James Hamilton Geary Frank J. Wills Little Rock, AR John Steven Clark Sharon Janine Zealy Cincinnati, OH William Andrew McClain Opinions

No. 89-386. Port Authority Trans-Hudson Corporation, Petitioner v. Patrick Feeney; and Port Authority Trans-Hudson Corporation, Peti- tioner v. Charles T. Foster. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgments affirmed. Opinion by Justice O'Connor. Opinion by Justice Brennan concurring in part and concurring in the judgment with whom Justice Marshall, Justice Black- mun, and Justice Stevens join.

No. 89-258. California, Petitioner v. American Stores Company, 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. Concurring opinion by Justice Kennedy.

No. 89-61. United States, Petitioner v. Filiberto Ojeda Rios, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice O'Con- nor with whom Justice Blackmun joins. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Alan E. DeWoskin St. Louis, MO Mark Butler Bierbower Andrew Porter Wagner Dallas, TX Joel Williamson Pangborn IV MONDAY. APRIL 30. 1990 611

Applicant City and State Movant

John W. Dombrowski Jr. Wethersfield, CT Aaron S. Bayer James Murray Fallon Jr. Washington, DC Ralph H. Dwan Jr. Barbara Kaplan Lewinson East Brunswick, Robert Glenn NJ Pinco Karen S. Hauss New York, NY Frank Joseph Amabile Edward Francis Humphries New York, NY Frank Joseph Amabile David Allen Shaneyfelt Washington, DC Steven Richards Valentine Kenneth Mitchell Schwartz Latham, NY Rodney K. Smith Sally Weiant Boyd Columbus, OH Rodney K. Smith Garth Glenn Charles Cox Columbus, OH Rodney K. Smith Gerald Eugene Dailey Columbus, OH Rodney K. Smith William Anthony DeVenzio Dayton, OH Rodney K. Smith Patti L. Denney Columbus, OH Rodney K. Smith Gina M. Dougherty Columbus, OH Rodney K. Smith Charles Richard Dyas Jr Columbus, OH Rodney K. Smith Nancy Ivers Ferguson Columbus, OH Rodney K. Smith Gerald P. Ferguson Columbus, OH Rodney K. Smith Karen Louise Gaysunas San Diego, CA Rodney K. Smith Keith E. Golden Columbus, OH Rodney K. Smith Michael A. Goldstein Pittsburgh, PA Rodney K. Smith Andrea Hope Johan Columbus, OH Rodney K. Smith Dennis Robert Kimball Columbus, OH Rodney K. Smith Cheryl D. Minsterman Columbus, OH Rodney K. Smith Isaac James Mowoe Columbus, OH Rodney K. Smith Florence Chinyere Uwandu Columbus, OH Rodney K. Smith Odita Thomas Gregory Shanahan Columbus, OH Rodney K. Smith Richard Alan Slee Dublin, OH Rodney K. Smith James Alan Stern Steubenville, OH Rodney K. Smith Phillip Alan Waid Columbus, OH Rodney K. Smith Janice Raimur Gray White Columbus, OH Rodney K. Smith Dale Edward Bacigalupi Fresno, CA James E. Faust Jeffrey N orris Redd La Habra, CA James E. Faust 612 MONDAY. APRIL 30. 1990

Applicant City and State Movant

Thomas B. Richey Visalia, CA James E. Faust Ralph Charming Smith Fresno, CA James E. Faust Steven Jesse Smith Fresno, CA James E. Faust Stuart Gregory Steingraber Anaheim, CA James E. Faust Nancy Jo Stevenson Van Downey, CA James E. Faust Slooten Randy Dennis Funk Denver, CO James E. Faust Mark David Davis Takoma Park, MD James E. Faust D. Brent Israelsen Washington, DC James E. Faust William R. Dalling Idaho Falls, ID James E. Faust Val Dean Dalling Jr. Rexburg, ID James E. Faust Joel Ivan Legler Pocatello, ID James E. Faust Alfred Lee Hansen New Orleans, LA James E. Faust Gene A. Shepard Columbus, OH James E. Faust Douglas D. Smith Portland, OR .Tamp? E. Faust Randy Eugen Godard Reynoldsburg, James E. Faust OH Willard Bruce Williams Midland, TX James E. Faust

.T n p <3 Jerry Dan Zant Midland, TX m E -L d LI o L Nina Lynne Bills Salt Lake City, James E. Faust UT Bruce A. Embry American Fork, James E. Faust UT Dwight Joseph Salt Lake City, James E. Faust LawrenceEpperson UT

Robert Paul Faust Salt Lake City, t)Tumpcctnico 1 dUfi I UT Robert Joseph Grow Salt Lake City, James E. Faust UT Stephen W. Jewell Logan, UT James E. Faust Armand Duane Johansen Salt Lake City, .Tamps; E Faust UT

Dairy 1 J. Lee North Ogden, UT James E. Faust Kirk M. Linford Washington, DC James E. Faust Steven J. Lund Provo, UT James E. Faust Rick D. Nydegger Salt Lake City, James E. Faust UT Christopher Bowan Rich Salt Lake City, James E. Faust UT MONDAY. APRIL 30. 1990 613

Applicant Citv and State Movant

Michael D. Smith Provo, UT James E. Faust R. Scott Waterfall Odgen, UT James E. Faust Harold George Wilsted Salt Lake City, James E. Faust UT William Halbert Wingo Salt Lake City, James E. Faust UT Charles Robert Collins American Fork, James E. Faust UT April Brimmer Kunz Cheyenne, WY James E. Faust John A. Thomas Evanston, WY James E. Faust

Adjourned until Monday, May 14, 1990 at 10 o'clock.

Order in Pending Case

No. 89-7307. Bruce Edwin Callins, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Blackmun and Justice Stevens would grant the application for stay of execution.

(JOURNAL) TUESDAY, MAY 1. 1990 615 SUPREME COURT OF THE UNITED STATES

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

Certiorari Denied

No. 89-7359. Jessie Joseph Tafero, Petitioner v. Florida. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Florida is denied. Dissenting statement by Justice Brennan and Justice Marshall. Order

Ordered:

1. That the Federal Rules of Criminal Procedure for the United States District Courts be, and they hereby are, amended by including therein amendments to Criminal Rules 5(b), 41(a), 54(b)(4), and (c), and new Rule 58. 2. That the foregoing amendments to the Federal Rules of Criminal

Procedure shall take effect on December 1, 1990 and shall govern all proceedings in criminal cases thereafter commenced and, insofar as just and practicable, all proceedings in criminal cases then pending. 3. That the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, promulgated April 14, 1980, as amended, are hereby abrogated, effective December 1, 1990.

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 and the abrogation of the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates in accord- ance with the provisions of Section 2072 of Title 28, United States Code. Order in Pending Case

No. A-760. Robert Lewis Shaw, Applicant v. Bill Armontrout, War- den. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting opinionjDy Justice Brennan with whom Justice Marshall joins. Justice Blackmun and Justice Stevens would grant the application for stay of execution.

(JOURNAL) THURSDAY. MAY 3. 1990 6 1 7 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-773. Jessie Joseph Tafero, Applicant v. Richard L. Dugger, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) THURSDAY. MAY 10. 1990 6 1 9 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-785. Winford L. Stokes, Applicant v. William Armontrout, Warden. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) FRIDAY. MAY 11, 1990 621 SUPREME COURT OF THE UNITED STATES

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

Opinion Per Curiam

No. A-795. Paul Delo, Superintendent, Potosi Correctional Center,

Applicant v. Winford Stokes. On application to vacate stay of execution of sentence of death. Application to vacate the stay of execution of the sentence of death presented to Justice Blackmun and by him referred to the Court is granted. Opinion per curiam. Concurring opinion by Jus- tice Kennedy with whom the Chief Justice and Justice Scalia join. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins and with whom Justice Blackmun joins as to Parts I, II, and III. Dis- senting opinion by Justice Stevens with whom Justice Blackmun joins.

Order in Pending Case

No. A-798. Winford L. Stokes, Applicant v. Paul Delo, Superintend- ent, Potosi Correctional Center. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

(JOURNAL) MONDAY. MAY 14. 1990 623 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 88-7070. Anthony Gallagher, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Third 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 Third Circuit for further consideration in light of

United States v. Ojeda Rios, 495 U.S. (1990).

No. 89-479. Leonardo Benitez and John Leadbeater, Petitioners v. Port Authority Trans-Hudson Corporation. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Poii Authority Trans-

Hudson Corporation v. Feeney, 495 U.S. (1990).

Orders in Pending Cases

No. A-752. Michael Hirsh, et al., Applicants i\ City of Atlanta, Geor- gia. The application for stay presented to Justice Kennedy and by him referred to the Court is denied. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Kennedy with whom Justice Brennan, Justice Marshall and Justice Scalia join.

No. D-887. In the Matter of Disbarment of Leopoldo Thomas Ara- gon. Disbarment order entered.

No. 116, Original. States of Alabama, et al.. Plaintiffs v. W. Pw.

Grace & Company, et al. The motion of New Jersey for leave to intervene as a party plaintiff is denied. The motion for leave to file a bill of complaint is denied. Justice O'Connor took no part in the consideration or decision of these motions. 624 MONDAY. MAY 14. 1990

No. 89-1193. B & H Industries of Southwest Florida, Inc., Petitioner

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

No. 89-1499. A. F. Plazzo, et al., Petitioners v. Nationwide Mutual

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

No. 89-1508. Colorado Interstate Gas Company, Petitioner v. Natu-

ral Gas Pipe Line Company of America, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1399. International Society of Krishna Consciousness of Cali-

fornia, etc., et al., Petitioners v. Robin George, et al. The motion of

World Hindu Assembly of North America, et al. for leave to file a brief as amici curiae is granted. The motion of National Association of Evan- gelicals, et al. for leave to file a brief as amici curiae is granted. The motion of National Council of Churches of Christ in the United States,

et al. for leave to file a brief as amici curiae is granted.

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. The motion of Association of Art Museum Directors, et al. for leave to file a brief as amici curiae, out-of-time, is granted.

No. 89-6677. Bennie Ree White, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is denied.

Petitioner is allowed until June 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928, we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7025. Jim Mount, Petitioner v. Melvin F. Gorelick and Roger Bartels. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928, we would deny the MONDAY. MAY 14. 1990 625 petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7077. Frederick C. Nicolaisen, Petitioner v. Toei Shipping Company, Ltd., et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 89-1008. Dwight H. Owen, Petitioner v. Helen Owen. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

Certiorari Denied

No. 89-1111. Carlos Alberto Ballbe, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1179. Jerome Mirza & Associates, Ltd., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-1192. Julius Glinsey, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 89-1240. Anthony Wayne Thompson, Petitioner v. Cheryl L. Duke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1268. Frances E. R. Harrisingh, Petitioner v. John A. Fowler. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-1281. Hernan Botero Moreno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1307. Mr, W. Fireworks, Inc., Petitioner v. Elizabeth Dole, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 626 MONDAY. MAY 14. 1990

No. 89-1321. Paul Bom, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1346. Automobile Club of New York, Inc., et al.. Petitioners

v. Port Authority of New York and New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 89-1364. Jesse Richardson, Petitioner v. City of Chicago and United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1383. Raymond M. Gray, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1398. Robin George, Petitioner v. International Society of

Krishna Consciousness of California, etc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-1420. Herman Weiner, Petitioner v. Doubleday & Company, Inc. and Shana Alexander. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-1438. Mount Washington Cemetery, et al., Petitioners v. Monument Builders of Greater Kansas City, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1441. Innotron Diagnostics, Petitioner v. Abbott Labora- tories. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-1442. Save Our Streams, Petitioner v. Federal Energy Regu- latory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1443. John B. Hawley, Individually and as Next Friend for G.

P. Hawley, a Minor, Petitioner v. Roy S. Kendall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1455. Trager, Glass & Company, Petitioner u. Joseph M. Xewmyer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-1456. Plumbers' Pension Fund, Local 130, et al., Petitioners

v. Robert Niedrich, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. MAY 14. 1990 627

No. 89-1460. Betsey Warren Lebbos, Petitioner v. San Jose Munici- pal Court. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied.

No. 89-1463. Mackel Earl Evans and Kenneth Wayne Hinds. Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1467. Elinor Ellostein Wright, Margie June Wright. Ruth Al- T ice Wright and Sybil Thelma W right, Petitioners v. Land Developers Construction Company, Inc. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-1469. Dry Land Marina, Inc., Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-1470. John M. Jack, Petitioner v. City of Tonganoxie. Peti- tion for writ of certiorari to the Court of Appeals of Kansas denied.

No. 89-1473. Michael A. Salminen, Petitioner v. City of Hibbing, etc., et al. Petition for writ of certiorari to the Court of Appeals of Min- nesota denied.

No. 89-1477. Bruno Figliuzzi, et ux., Petitioners v. Citibank, N.A. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1479. Keith Smith, Petitioner v. Baltimore City Police De- partment, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-1480. Margaret Ann Duran, Petitioner v. Texas, et al. Peti- tion for writ of certiorari to the Supreme Court of Texas denied.

No. 89-1481. Shat-R-Shield, Inc., Petitioner v. Trojan, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 89-1482. Lawrence Coal Company, Petitioner v. Pennsylvania Department of Environmental Resources. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-1485. Louis E. Clark, Petitioner v. Seventh Judicial Circuit of South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 89-1489. Central Vermont Railway, Inc., Petitioner v. Vermont, et al. Petition for writ of certiorari to the Supreme Court of Vermont denied. 628 MONDAY. MAY 14. 1990

No. 89-1490. Evelyn Marino, et al., Petitioners v. Juan U. Ortiz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1491. Raymond J. Hughes, Jr., Petitioner v. John Buss. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1495. Northwest Advancement, Inc., et al, Petitioners v.

Oregon Bureau of Labor, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 89-1497. Farag M. Mohammed Saltany, Personal Represent- ative of the Estate of Khloud Hasan Al-Oraibi, Deceased, et al., Peti- tioners v. Ronald W. Reagan, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1498. New Orleans Steamship Association, Petitioner v. Plaquemines Port, Harbor & Terminal District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1504. Joseph W. Newman, Petitioner v. Donald J. Quigg, Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 89-1507. Shelby County Sheriff and Mayor of Shelby County,

Tennessee, Petitioners v. Larry Leach. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1512. City of Wichita, Kansas, Petitioner v. Harold Peterson. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1522. Pawnee Production Service, Inc., et al., Petitioners v. Bazine State Bank. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 89-1526. Socialist Workers Party, et al, Petitioners v. Ken Hechler, Secretary of State of West Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1533. Rodney F. Stich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1536. G. Wayne Hall, Individually and as next friend of April

Lynn Hall, Minor, et al., Petitioners v. CNA Insurance Companies, et MONDAY. MAY 14. 1990 629 al. Petition for writ of certiorari to the Court of Appeals of Texas, Four- teenth District, denied.

No. 89-1545. James D. Quarterman, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1546. Admiral Equipment Company, Petitioner v. Curlev Jo- seph Charles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1548. Irvin D. Stagner, Petitioner v. United States Patent and Trademark Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1552. Clausen Company, Petitioner v. Dynatron/ Bondo Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1557. Samuel I. Shuman, et al, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1562. Hirotoshi Yamamoto, Petitioner v. Thrift Guaranty

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

No. 89^1565. Emanuele Palazzolo, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-1571. William D. Allen, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1583. Rhett G. Campbell, Trustee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1585. Myron Cherry, Petitioner v. Clayton K. Yeutter, Sec- retary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1592. Maria Graciela Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1600. Bobby R. Little, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 630 MONDAY. MAY 14. 1990

No. 89-1608. E. Stanton Maxey, Petitioner v. Dan G. Kadrovach, David K. McAfee and United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Xo. 89-1614. Lombard Brothers. Inc.. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Xo. 89-1615. Charles R. Hefti. et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-1616. American Technology Resources, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Xo. 89-1626. Clark & Wilkins Industries. Inc.. Petitioner v. Xational Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

Xo. 89-6243. Florentino Leal. Petitioner v. James A. Collins. Direc- tor. Texas Department of CriminalJustice. Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-6441. Joseph Paul Verno. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 89-6446. Julio Reynoso. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Xo. 89-6494. Abraham Van Kojo Asante. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

Xo. 89-6495. Damus Byron Vanover. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 89-6513. David Frank Bagguley. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 89-6596. Michael Tillman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Xo. 89-6622. Verlan J. Kliewer, Petitioner c. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. MONDAY, MAY 14. 1990 631

No. 89-6635. Robert P. Whipple, Petitioner v. George Alexander, Superintendent, Madison Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6669. William Allen Spencer, Petitioner v. Calvin Showers. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 89-6673. Anthony Grandison, Vernon Evans, Jr., and Rodney

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

No. 89-6675. Charles T. Curtis, Petitioner v. Frank Allen, District Director, United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6700. John J. Flick, Jr., Petitioner v. Dudley Blevins, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-6739. Joiada Elijah McKenzie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6743. Roger Glen Kornegay, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6753. Fred J. Greene, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6764. Sheila A. Scott, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-6769. Joseph Sun, Petitioner v. Michael Welch, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-6787. Ernest Hawkins, Petitioner v. CECO Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6797. Dominger M. Jones, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-6858. Etta M. Collier, Petitioner v. United States Postal

Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 632 MONDAY. MAY 14. 1990

No. 89-6865. Lewis Dornal Foust, Petitioner u. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6876. Robert Wheatley, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6923. Victor Manuel Valencia-Roldan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-6934. C, Jesse Weekly, Petitioner v. William R. Story, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6937. Kenneth Andrew Friedman, Petitioner v. Montana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6939. Elmer Smallwood, Petitioner v. Charles Springer. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6944. Ruth Cooper, Petitioner v. Remax Wyandotte County Real Estate, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 89-6946. Franklin Teter, Petitioner v. Jimmy M. Jones, Superin- tendent, Missouri Training Center for Men. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6948. James Gresham, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Morgan County, denied.

No. 89-6949. Richard Curry, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-6951. Jeffery Sanders, Petitioner v. Gene Borgert, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6957. Janet P. Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6958. Michael Forte, Petitioner v. Henry Beerman, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY. MAY 14. 1990 633

No. 89-6963. Peter Van Daam, Petitioner v. Chrysler First Financial Services Corporation. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 89-6968. Anthony Scire, Petitioner v. J. Michael Quinlan. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6969. Victor J. Russell, Petitioner v. Samuel Mariani, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6970. Henry Williams-Bey, Petitioner v. Myrna E. Trickey, Director, Division of Classification and Treatment, Missouri Depart- ment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6978. Morris Cramer, Petitioner v. Marine Midland Bank. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6979. Dana Hamilton Fox, Petitioner v. United States De- partment of Interior. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6980. Taj JarAllah, Petitioner v. Pickett Suite Hotel, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-6981. Elmer Abbott, Petitioner v. Al Parke, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6982. John Fulford, Petitioner v. Larry Smith, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6987. Albert Andrisani, Petitioner v. Saugus Colony Limited, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6989. Howard Williams, Petitioner v. Michael O'Leary, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-6993. Dennis McKessor, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 89-6994. Calvin B. Mayfield, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ ofcertiorari to the United States Court of Appeals for the Fifth Circuit denied. 634 MONDAY. MAY 14. 1990

No. 89-6996. Betty Jean Klacsmann, Petitioner v. Bruce Edward Klacsmann. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6998. George Arce, Petitioner v. James Berbary, Superin- tendent, Wyoming Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7000. Ricky Allan Roe, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied.

No. 89-7011. Terrance Watson and David Johnson, Petitioners v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-7012. Daries Sherrills, Petitioner v. George W. Wilson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7013. Edward Lawrence, Petitioner v. Texas Employment Commission. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-7017. Jorge B. Castillo, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7023. Bruce Wayne Pizano, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7026. Dennis Nelson Fixel, Petitioner v. Lawrence Brinkman, Warden. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 89-7029. Jose Billini, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7031. Shay Liberman, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7045. James Hines, aka James Murray, Petitioner v. James Shannon. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7049. Hagos Gebreamlak, Petitioner v. Dan Vasquez, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. MONDAY. MAY 14. 1990 635

No. 89-7053. Donald Strable, Petitioner v. South Carolina, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7057. John Webster Flanagan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7058. Ronald G. Crosby, Petitioner v. Norris W. McMackin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7060. Bernard J. Dobranski, Petitioner v. Walter Kelly, Su- perintendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7061. Patrick O. Hicks, Petitioner!'. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-7076. Ronald Dale McGatha, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7083. Charles Reneer, Petitioner v. Wayne Dunn, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7097. Jerry Montgomery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7114. Anthony Marandola, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-7116. Ali Shah Shah Sharif, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7117. Thomas L. Baasch, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7124. Oliver Giola West, Petitioner v. Robert Morgenthau, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7129. John Hawk-Bey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 636 MONDAY. MAY 14. 1990

No. 89-7133. Ancel James Holland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7144. Michael Courtney Sherrod, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7150. Robert Salsman, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7152. Vernon Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-7158. Joan Joyce Urrutia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7168. Ricaurte Antonio Vargas-Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7169. Steven Wayne Homa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7176. Yolanda Sanchez Defundora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-7191. Myron Teegardin, Petitioner v. Medical X-Ray Center, et al. Petition for writ of certiorari to the Circuit Court of South Da- kota, Minnehaha County, denied.

No. 89-7192. Arturo Blanco Luna, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7194. James R. Burton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7197. Robert L. Lenear, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7198. Asterio Monteagudo, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. MAY 14. 1990 637

No. 89-7200. Roberto Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7204. Gustavo Larios Cortes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7217. Ruben Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7221. Bill Wayne Jameson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7227. Clarence Garland, Jr., Petitioner v. Herman Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7228. James M. DeBardeleben, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-7231. Juan Vizcarra-Porras, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7234. Harold Leroy Fisher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7236. Jo Whigham, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1309. Richard H. Thier, Petitioner v. United States. The motion of petitioner to strike portions of the brief in opposition filed by the

United States is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6486. James Carl Lee Davis, 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. 89-6916. Ernest Orville Baldree, 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. 89-6926. Richard Thomas Boggs, Petitioner v. Toni V. Bair,

Warden, et al. Petition foi* writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall. 638 MONDAY. MAY 14. 1990

No. 89-7037. Raymond Michael Thompson, v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7059. Eli Beck, Petitioner v. Walter Zant, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-7085. Steven Wesley Parkus, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-7214. David Mark Pruett, Petitioner v. Charles Thompson, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7280. J. David Golub, Petitioner v. IBM Corporation, et al.;

J. David Golub, Petitioner v. Ernst & Whinney, et al.; J.David Golub,

Petitioner v. Weiner & Co.; and J. David Golub, Petitioner v. Univer- sity of Chicago. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this motion and this petition.

Mandamus Denied

No. 89-6992. In Re Neil John. The petition for a writ of mandamus is denied.

Prohibition Denied

No. 89-7035. In Re James Skibo, Petitioner. The petition for a writ of prohibition is denied.

Rehearings Denied

No. 88-1951. United States, Petitioner v. Frances L. Dalm;

No. 88-7555. John Glenn Roe, Petitioner v. Ohio;

No. 89-937. Karen de Kleinman, Petitioner v. Residential Board of Managers of the Olympic Tower Condominium, et al.;

No. 89-942. Lee Rooker, Petitioner v. Robert W. Rimer;

No. 89-1034. Lou C. Goldstein, Petitioner v. Delta Air Lines, Inc.;

No. 89-1169. Margaret B. Comora, etc., et al, Petitioners v. Irvin

Radell, etc., et al.; MONDAY. MAY 14, 1990 639

No. 89-1301. Marshall P. Safir, Petitioner v. United States Lines,

Inc., et al.;

No. 89-5257. James Willis Johnson, Petitioner v. California;

No. 89-5478. Brian Keith Moore, Petititoner v. Kentucky;

No. 89-6146. Alvin Earl Blackmon, Petitioner v. Alabama;

No. 89-6165. Webster Salasker Lucas, Petitioner v. William Bunnell, Warden, et al.;

No. 89-6293. Reemberto Vladimir Ferrel, Petitioner v. United States;

No. 89-6301. Calvin Booth, Petitioner v. K mart Corporation, et al.;

No. 89-6452. Robert F. Burson, Jr., Petitioner v. Curtis K. Scott, Warden;

No. 89-6519. Terry N. Marsh, Petitioner v. United States;

No. 89-6537. Martin Edward Lewis, Petitioner v. Henry Russe, et al;

No. 89-6538. Cesar Roberto Fierro, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division; No. 89-6551. In Re James L. Martin, Petitioner;

No. 89-6583. Bailey M. Smith, et ux, Petitioners v. Sooner Federal Savings and Loan Association;

No. 89-6595. Elden E. Baker, Jr., Petitioner v. Ohio; and

No. 89-6680. Candis 0. Ray, Petitioner v. United States Senate, et al. The petitions for rehearing are denied.

No. 89-1210. Janet Harduvel, et al, Petitioners v. General Dynamics Corporation. The motion of petitioners to defer consideration of the petition for rehearing is denied. The petition for rehearing is denied. Recess Order

The Court will take a recess from Monday, May 14, 1990, until Mon- day, May 21, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

David Murray Allen Chicago, IL Daniel M. Schuyler Wilbert Ursury Allen Chicago, IL Stanley John Woronowicz Manuel J. Alvarez Tampa, FL Paul William Danahy, Jr. 640 MONDAY. MAY 14, 1990

Applicant City and State Movant

Robert A. Anderson Jr Covington, LA William McM. King David J. Arata San Jose, CA Edward A. Panelli Brett Dwight Baber Orono, ME Paul W. Chaiken Richard J. Baker Minneapolis, MN Bruce Paul Candlin William Harris Berry Corpus Christi, Forrest Jerome TX Dorsey Daniel Robert Bieger Abingdon, VA Robert Tayloe Copeland Karen DeBiasse Bishop Gilmer, TX Jesse Rucker Pierce David Alan Bishop Gilmer, TX Jesse Rucker Pierce Frederick William Bode III Pittsburgh, PA David J. Armstrong Sandra L. Bograd Newark, NJ Paul Gerard Nittoly Rosemarie Luise Bryan Chattanooga, TN Hugh Jacob Moore Jr. Doyle G. Bunch Oklahoma City, Harry H. Selph II OK Daniel J. Bussel Los Angeles, CA Shepard Broad Philip A. Byler New York, NY Peter Gruenberger Neil E. Campbell Jr. Torrance, CA A. Thomas Hunt Ralph A. Cantafio Steamboat Randall Wayne Springs, CO Klauzer Dennis E. Carlson Chicago, IL Dennis Hesser Kenneth M. Carpenter Topeka, KS Keith Gary Sebelius Ramon Citron New York, NY Manuel del Valle Patricia Ann Coan Denver, CO Susan Smith Fisher Timothy Towery Coates Beverly Hills, CA Feris M. Greenberger Eve T. Contente San Francisco, CA Peter B. Sandmann MONDAY. MAY 14. 1990 641

Applicant City and State Movant

John L. Cooley Jr. Roanoke, VA Donald Wise Huffman William Roy Crum Jr. Pittsburgh, PA Henry Charles Berns Edward J. Daly Philadelphia, PA Carmen C. Nasuti Matthew Reed Danahy Tampa, FL Paul William Danahy, Jr.

Thomas J. Dawson Madison, WI James D. Jeffries Sanford Ross Denison Dallas, TX L.N.D. Wells, Jr. Gail Danette Couse Dorn Corpus Christi, Forrest Jerome TX Dorsey Jack P. Dougherty San Francisco, CA Melvin Belli Jay R. Downs Dallas, TX James Hodges Spear William P. Earley Oklahoma City, David E. Booth OK Brian Mark Eisenberg Cleveland, OH Frank Rush McKnight Timothy Hackett Everett Hartford, CT Michael Richard Sheldon Jay Courtney Fenton Minneapolis, MN Roderick D. Blanchard David E. Ferguson Memphis, TN Raymond Spencer Clift Robin Lee Filion Palo Alto, CA Jonathan Saville Kitchen Kevin M. Fowler Topeka, KS William Gene Haynes Joseph Frost New York, NY Roger Bennet Adler William Dietz Fry Las Cruces, NM Michael William Lilley Robert Elliot Fuller Norwalk, CT David A. Luttinger

Anthony J. Fusco Jr. Chicago, IL Robert E. Lehrer Keith Edwin Galliher Jr Las Vegas, NV Stephen Stein Bretton Craig Gerard Dallas, TX Ira Edwin Tobolowsky 642 MONDAY. MAY 14. 1990

Applicant City and State Movant

Stephen R. Gladstone Fort Lauderdale, Bruce Lewis FL Randall Kemp W. Gorthey Austin, TX Berry Dan Spears Kevin E. Grady Atlanta, GA John K. Train III Arnold F. Gwin Greenwood, MS Billy Burton Bowman Carl Martin Hebert Reno, NV Charles W. Spann Judith Stevenson West Palm Beach, Michael Salnick Hernandez FL

Emily P. Hitchcock Atlanta, GA Michael J. Bowers Richard Duane Hodson Woodbury, MN Richard Lynn Varco, Jr. Robert E. Holden New Orleans, LA Donald R. Abaunza George Edison Holland Jr, Pensacola, FL Ralph Alan Peterson George L. Holmes Jr Fairfield, CT James F. Kenney Franz Phillip Hosp Pasadena, CA Monte Dwight Richard Thomas E. Johnson Chicago, IL Robert E. Lehrer Leslie Ann Jones Chicago, IL Robert E. Lehrer Robert Duane Jones Chesapeake, VA Stephen John Telfeyan Gregory D. Jones Tampa, FL Paul William Danahy, Jr. Paul G. Kent Madison, WI Jack Richard DeWitt Edward Kliewer III San Antonio, TX Arthur Dale Wilson

Robert G. Klinck Jr. Stanhope, NJ John I. Lisowski Kevin Joel Kruse Des Moines, IA Jeffrey Edward Lamson H. Rowan Leathers III Nashville, TN Lewis Berkley Hollabaugh Robert Wyeth Lee Jr. Birmingham, AL G. Thomas Sullivan Shelley H. Leinicke Miami, FL Frank A. Lane MONDAY. MAY 14. 1990 643

Applicant City and State Movant

Berta Maria Leon Los Angeles, CA Gill Wylie Deford James Walter Little Evansville, IN Michael Charles Keating Thaddeus Stephan Machnik Chicago, IL Paul Benjamin Linton Susan R. Maisa Milwaukee, WI Stanley Saul Jaspan William R.Mait New York, NY Michael Alan Maillet

Dennis L. Manes Cincinnati, OH Harry S. Sudman Darryl Francis Mansfield Sacramento, CA Dennis Paul Eckhart TT TT Oil TT Martha L. Marshall Oklahoma City, Harry H. Selph II OK Paul Lawrence McGill Boston, MA Robert C. Rufo Michael McGrady Eugene, OR Ross M. Shepard Edward E. McNally Alexandria, VA Rudolph William Giuliani Patrick D. McNeal Santa Ana, CA Michael Joseph Naughton

Carolyn J. Mosley Tallahassee, FL Carolyn M. Snurkowski Pamela Joan Murphy Louisville, KY Rickie Leon Pearson George Joseph Murphy Philadelphia, PA Andrew C. Hecker, Jr. Linda M. O'Bannon Anchorage, AK Jan Hart DeYoung Michael M. O'Brien Orlando, FL Reinald

TT J j_ 1 T TT Werrenrath, III

Jan H. Ohlander Rockford, IL Edward J. Fahy Carol Judith Ormond Oakland, CA Donald Edward WycKoii

Carl William Ossman Topeka, KS Kooert l . btepnan

Stephen 0. Parker Jacksonville, FL Wm. J. Sheppard Jeffry S. Pearson Philadelphia, PA Carmen C. Nasuti Larry Strong Phillips Edina, MO John David Collins 644 MONDAY, MAY 14. 1990

Applicant City and State Movant

James Jay Rennicke Anoka, MN Gerald Clayton Magee Randy Riddle San Francisco, CA Burke E. Delventhal Larry S. Roberts Lexington, KY Richard E. Vimont James W. Rogers Tallahassee, FL Carolyn M. Snurkowski John E. Ryan Sacramento, CA John E.B. Meyers Lisa Sylvia Santucci Tallahassee, FL Lloyd Eckert Dietrich Raymond F. Schmitz Rochester, MN John Sherman Gowan Randy L. Sego Denver, CO Harold D. Reed John A. Seib Jr. Dallas, TX Richard LeGrande Arnold Dennis L. Shackleford El Dorado, AR John M. Shackleford, Jr. Albert Norman Shelden San Diego, CA Andrea Sheridan Ordin Peter Sklarew Washington, DC Shirley D. Peterson Scott M. Slovin Cincinnati, OH Harry S. Sudman Paula K. Smith Salt Lake City, Brooke Cotter UT Wells Gregory D. Snell Daytona Beach, J. Lester Kaney FL J. Berry St. John Jr. New Orleans, LA Donald R. Abaunza Barry L. Standley Evansville, IN Robert Stanley Matthews Patrick M. Stanton Morristown, NJ Paul Gerard Nittoly Kennard R. Strutin New York, NY Marianne Regitsky Tamra Talbert Irvine, CA Morris Shechter Robert D. Tobin Seattle, WA Gordon Francis Crandall MONDAY. MAY 14. 1990 645

Applicant City and State Movant

Gregory J. Tonner Merrillville, IN Rodolfo Lozano Thomas H. Trunzo Jr. Orford, NH Nancy Elizabeth Grandine Mary Frances VonBerg Houston, TX Thomas Frank Bryant Duke Weldon Walker Sherman, TX Donald Linous Jarvis Jerry R. Wallace Madison, MS Robert Louis Goza Jr. James P. Walsh Appleton, WI Daniel Leonard Schofield Robert Wang New York, NY Michael Alan Maillet John Anthony Ward Kenosha, WI Walter W. Stern, III Charles J. Watts Oklahoma City, John B. Hayes OK Spencer Charles Weiss Atlanta, GA Overton Anderson Currie Davy L. Winkle Columbus, OH Ken Murray Michael Wischkaemper Carlsbad, CA Stephen Marshall L'Heureux Harry W. Wolff Jr. San Antonio, TX Ralph George Langley David S. Woronoff Windsor, CO Alan Epstein Frederick L. Wright II Atlanta, GA Thomas E. Abernathy IV Geoffrey A. Yudien Montpeher, VT Andrew M. Eschen John Francis Zeckel Chicago, IL Glenn Arthur Schwartz

Opinions

No. 89-322. United Steelworkers of America, AFL-CIO-

CLC, Petitioner v. Tharon Rawson, etc., et al. On writ of certiorari to 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 White. Dissenting opinion by Justice Kennedy with whom the Chief Justice and Justice Scalia join. 646 MONDAY. MAY 14. 1990

No. 88-1668. Atlantic Richfield Company. Petitioner v. USA Petro- leum Company. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Dissenting opinion by Justice Stevens with whom Justice White joins.

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Brooks Alan Gill Dumas, AR Lawrence Herman Averill Jr. Jo Carol Jones Gill Dumas, AR Lawrence Herman Averill Jr. Gregory Michael Hopkins Little Rock, AR Lawrence Herman Averill Jr. Daniel Mahan Peregrin Little Rock. AR Lawrence Herman Averill Jr. Karin Kunstler Goldman New York, NY William M. Kunstler Bill Colovos Southgate, MI Dennis M. Hertel Carolyn R. Fletcher-Sharpe Bloomfield Hills, Dennis M. Hertel MI Howard Elliot Goldberg Detroit, MI Dennis M. Hertel Bonnie S. Gorichan Dearborn, MI Dennis M. Hertel Kevin Patrick Hanbury Detroit, MI Dennis M. Hertel John Herbert Heinrich Detroit, MI Dennis M. Hertel Frank Thomas Kohl Royal Oak, MI Dennis M. Hertel Mary P. Kyser Atmore, AL Dennis M. Hertel Robert Irwin McCoy Ann Arbor, MI Dennis M. Hertel Timothy E. McDaniel Ann Arbor, MI Dennis M. Hertel Edward A. Meany Harbor Springs, Dennis M. Hertel MI Bradley Jay Newman Farmington Hills, Dennis M. Hertel MI Paul Randall Noah San Francisco, CA Dennis M. Hertel MONDAY. MAY 14. 1990 647

Applicant City and State Movant

Carol Pillsbury Patton Grosse Pointe Dennis M. Hertel Park, MI David Anthony Perkins Detroit, MI Dennis M. Hertel Darleen Lynn Petrosky Detroit, MI Dennis M. Hertel Mary Cornelia Pino Laingsburg, MI Dennis M. Hertel Roy C. Sgroi Livonia, MI Dennis M. Hertel Michael James Sharpe Detroit, MI Dennis M. Hertel Diane M. Smith Harbor Springs, Dennis M. Hertel MI

Kevin Hugh Tierney San Francisco, CA Dennis M . Hertel

Steven W. Wells Troy, MI Dennis M . Hertel

Anatol C. Zolkewsky Birmingham, MI Dennis M . Hertel James Frederick Belcher Evansville, IN Glenn A. Grampp Diane Louise Bender Evansville, IN Glenn A. Grampp S. Earl Bressner Evansville, IN Glenn A. Grampp Jack E. Caine Evansville, IN Glenn A. Grampp James Patrick Casey Evansville, IN Glenn A. Grampp Marco Leonard DeLucio Evansville, IN Glenn A. Grampp Thomas R. Fitzsimmons Evansville, IN Glenn A. Grampp Kevin A. Francke Henderson, KY Glenn A. Grampp Steven J. Hipfel Virginia Beach, Glenn A. Grampp VA Katharine Vanost Jones Evansville, IN Glenn A. Grampp Gregory Alan Kahre Evansville, IN Glenn A. Grampp Timothy A. Klingler Evansville, IN Glenn A. Grampp Karol Helen Krohn Evansville, IN Glenn A. Grampp James Daniel Lopp Jr. Evansville, IN Glenn A. Grampp Malcolm G. Montgomery Evansville, IN Glenn A. Grampp Robert P. Musgrave Evansville, IN Glenn A. Grampp Bernard Gregory Reisz Evansville, IN Glenn A. Grampp Brent R. Weil Evansville, IN Glenn A. Grampp Tern- A. White Evansville, IN Glenn A. Grampp Russell T. Woodson Evansville, IN Glenn A. Grampp

Recessed until 10:30 A.M. Oral Argument

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler; and 648 MONDAY, MAY 14. 1990

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. Argued by Mr. Solicitor General Kenneth W. Starr for the appellant and by Mr. William M. Kunstler for the appellees.

Adjourned until Monday, May 21, 1990 at 10 o'clock.

Order in Pending Case

No. 89-5916. Richard Demarest, Petitioner v. James Manspeaker, et al. The motion for appointment of counsel is granted and it is ordered that James E. Scarboro, Esquire, of Denver, Colorado, is appointed to serve as counsel for the petitioner in this case. (JOURNAL) WEDNESDAY. MAY 16. 1990 649 SUPREME COURT OF THE UNITED STATES

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

Orders in Pending Cases

No. A-811. Johnny Ray Anderson, Applicant v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. The application for a certificate of probable cause to appeal to the United States Court of Appeals for the Fifth Circuit presented to Jus- tice White and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

No. 89-7503. Johnny Ray Anderson, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Blackmun and Justice Stevens wr ould grant the application for stay of execution.

No. 89-7519. Johnny Ray Anderson, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to

Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) THURSDAY. MAY 17. 1990 651 SUPREME COURT OF THE UNITED STATES

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

Certiorari Denied

No. 89-7522. Dalton Prejean, Petitioner v. John P. Whitley, War- den. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for writ of certiorari to the Supreme Court of Louisiana is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) MONDAY. MAY 21. 1990 653 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Scalia, and Justice Kennedy. 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. . Michael Webb, Sr., Petitioner v. Don E. Thomas, Director, Hamilton County Department of Human Services. The motion to direct the Clerk to file a petition for a wTit of certiorari, out-of-time, is denied.

No. D-823. In the Matter of Disbarment of Edward John Winter, Jr. Disbarment order entered. No. D-838. In the Matter of Disbarment of Barry Leonard Adelman. Disbarment order entered. No. D-840. In the Matter of Disbarment of Charles A. Pemberton. Disbarment order entered. No. D-853. In the Matter of Richard D. Jones. The motion to dismiss the disciplinary proceedings is granted. The Rule to ShowT Cause, heretofore issued on January 16, 1990, is hereby discharged. No. D-860. In the Matter of Disbarment of David Charles Hipp. Dis- barment order entered. No. D-861. In the Matter of Disbarment of Stuart A. Eisenberg. Dis- barment order entered. No. D-864. In the Matter of Disbarment of Jonathan Samuel Rocker. Disbarment order entered.

No. D-867. In the Matter of Disbarment of Edwr ard S. Digges, Jr. Disbarment order entered. No. D-869. In the Matter of Disbarment of Martin LawTence Bracken. Disbarment order entered. No. D-870. In the Matter of Disbarment of William Henry Tschir- hart. Disbarment order entered. No. D-873. In the Matter of Disbarment of Michael Young Sandborn. Disbarment order entered.

No. D-898. In the Matter of Disbarment of Frank Allan Kelly. It is ordered that Frank Allan Kelly, of Kingsport, Tennessee, be suspended 654 MONDAY. MAY 21. 1990

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-899. In the Matter of Disbarment of Michael E. Donnelly. It is ordered that Michael E. Donnelly, of Boise, Idaho, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1048. FMC Corporation, Petitioner v. Cynthia Ann Holliday. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1363. United States, Petitioner v. Darlina K. France. The

motion for appointment of counsel is granted and it is ordered that Mi- chael R. Levine, Esquire, of Honolulu, Hawaii, is appointed to serve as counsel for the respondent in this case.

No. 89-1493. Air Line Pilots Association International, Petitioner v.

Joseph E. O'Neill, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Administra- tion, et al. The motion of National Treasury Employees Union for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 89-7069. Michelle M. Etlin, Petitioner v. Vladimir N. Etlin; and In Re Michelle M. Etlin. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 11, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court, Justice Brennan, Justice Marshall, Justice Blackmun and Justice Ste- vens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7189. Nan Wei, Petitioner v. Delaware. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 11, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. MONDAY. MAY 21. 1990 655 Certiorari Denied

No. 88-2009. Altheus Richardson, et al., Petitioners v. United Steel Workers of America. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-999. Marion Terwilliger, Petitioner v. Greyhound Lines, Inc.,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 89-1233. Estate of Louis Yaeger, Deceased, by Judith Winters,

Executor, et al., Petitioners v. Commissioner of Internal Revenue. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1238. Stead Motors of Walnut Creek, Petitioner v. Automo- tive Machinists Lodge No. 1173, International Association of Machin- ists and Aerospace Workers. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1263. William R. Fischer, et al, Petitioners v. NWA, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1276. Debbie Blommaert, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 89-1280. Socorro Guerra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1344. Enserch Exploration, Inc., Managing General Partner of EP Operating Company, Petitioner v. Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1357. Thomas W. Hill, Petitioner v. Paul S. Britt, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1368. Gulf States Utilities Company, 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.

No. 89-1385. Marcia Jones, Petitioner v. Harry Psimos. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 656 MONDAY, MAY 21, 1990

No. 89-1408. Randall Terry, et al., Petitioners v. New York State National Organization for Women, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1430. Billy Ray Apperson, et al., Petitioners v. Fleet Carrier Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1439. Central Florida Clinic for Rehabilitation, Inc., Peti- tioner v. Citrus County Hospital Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1451. Evelyn I. Livengood, Petitioner v. Rollie D. Thedford. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1459. Michael Vincent Lanese, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1494. Ralph J. Zola, Petitioner v. Interstate Commerce Com- mission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1513. Magnum Towing, Inc. and Renaldo Hernandez, Peti- tioners v. Dade County, et al. Petition for writ of certiorari to the Dis- trict Court of Appeal of Florida, Third District, denied.

No. 89-1514. Enrique Posada, Petitioner v. Dallas County Child Welfare Unit of the Texas Department of Human Services. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 89-1515. Ruth Rushen, Director, California Department of Cor- rections, Petitioner v. Johnny Spain. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1519. Alan Winterbourne, Petitioner v. Workers' Compensa- tion Appeals Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1520. Cook Inlet Tribal Council, et al. Petitioners v. Catholic Social Services, Inc., C.G. and S.G. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-1523. Cox-Uphoff Corporation, et al, Petitioners v. Mentor

Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, MAY 21, 1990 657

No. 89-1524. J. P. Schermerhorn, et al.. Petitioners v. Illinois De- partment of Registration and Education, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-1525. Nobel-Sysco Foods Services Co., Petitioner v. Wilbur Toledo. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-1534. Tesla Packaging Inc., et al, Petitioners v. Herbert E.

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

No. 89-1543. Franklin Lee Fisher, Petitioner v. Ida Marie Cutler

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

No. 89-1544. Victor Fred Reyes, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

No. 89-1554. Robert E. Blackwelder, et al., Petitioners v. Life and Health Services, Inc. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-1595. Harold L. Lewis, Petitioner v. VISA USA Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1624. Glen E. Moering, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1638. Michael Ewing, Petitioner v. Citytrust. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6430. Javier Marin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6554. Steven Earl Neumann, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6586. Joe Nunez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-6587. Haywood Hinton, aka Shamshad Haq, Petitioner v. Ar- thur Leonardo, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 658 MONDAY. MAY 21. 1990

No. 89-6655. Bobbie Clinton Baker, Petitioner v. Thomas J. Stick- rath, Superintendent, Orient Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6767. Donald E. Piatt, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Delaware County, Fifth Dis- trict, denied.

No. 89-6811. John H. Banks-El, Petitioner v. Jeffrey J. Clark, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 89-6855. Raymond Williams, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6866. Haywood C. Reed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6871. St. Clair Daniel, Petitioner v. Government of the Vir- gin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6950. Marilyn Lufkin, Petitioner v. City of Paducah. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6956. John Gamertsfelder, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6991. Robert Mikesell, Petitioner v. Department of Transpor- tation, National Transportation Safety Board and Federal Aviation Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7014. Alfonzo Jones, Petitioner y. Michigan Department of Education. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7015. Ronald Keith Holoway, Petitioner v. Ed Evans, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-7016. Noah Harrison Lundy, Petitioner v. Donal Cambell,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MAY 21. 1990 659

No. 89-7032. Pedro Mujica, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7033. Juana Lind, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7046. Billy Grisso, Petitioner v. Department of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-7052. Sue Ann Tuttle, Petitioner u David Tuttle. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 89-7064. Natalya Hampel, et vir, Petitioners v. Autoridad de

Energia Electrica de Puerto Rico, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7066. Clifford Gullett, Petitioner v. William Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7070. Mitchell Williams, Petitioner v. Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7072. Warren David Cooper, Petitioner v. Richard L.

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

No. 89-7074. Brenda Shelton, Petitioner v. Deborah Phillups. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7075. Brenda Shelton, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7079. Anthony John Veneri, Petitioner v. Robert Casey,

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

No. 89-7082. Alfred E. Grizzell, Petitioner v. Ned McWherter, Gov- ernor of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7090. Marie S. Hernandez, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied. 660 MONDAY, MAY 21. 1990

No. 89-7092. Carl D. McQuillion, Petitioner v. Gary D. Maynard, Di- rector, Oklahoma Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7101. Ernest Joe Crosby, Sr., Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-7102. Willie Ronald Brooks, Petitioner v. First Bank Na- tional Association. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 89-7103. Jackie Ray Brewer, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied.

No. 89-7113. Robert T. Irvin, Petitioner v. City of Clarksville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7115. George P. Koulizos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7131. Lincoln Lane Addleman, Jr., Petitioner v. James M. Dolliver, Chief Justice, Supreme Court of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7132. Alonzo Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7139. Thomas Dean Mills, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7141. Carl Gene Golden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7143. Mario Nelson Paz Uribe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7145. Sharon Ramona Parrott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7161. Pearly Wilson, Petitioner v. George Denton, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MAY 21. 1990 661

No. 89-7196. Harold 0. Edgington, Jr., and Margie L. Edgington,

Petitioners ' v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7242. Elizabeth Lundstrom, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7243. George McLaughlin, Petitioner v. Arthur Latessa. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7244. Armando Eugene Mines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7246. Rowland Lovingood, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7247. Lawrence Terry Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7252. Peter Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7254. Howard J. Elmendorf, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7263. John Whirty, Petitioner v. Arthur Latessa, Superin- tendent, Massachusetts Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7269. Bruce Ruzzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7270. Ernestine Geter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7283. Richard Paul Zuckerman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7303. Francisco Castillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. 662 MONDAY. MAY 21. 1990

No. 89-7356. Delroy Williams, Petitioner v. Hans Walker, Superin- tendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1343. DeSisto College, Inc. and Loren E. Horner, Petitioners v. Thomas P. Line, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Bren- nan, Justice White and Justice Marshall would grant certiorari.

No. 89-1510. Carol Anne Kleemann, et al., Petitioners v. McDonnell Douglas Corporation. 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. 89-1529. Denis Dowd, Superintendent, Farmington Correctional

Center, Petitioner v. David Chitwood. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-1532. Flight Engineers' International Association, PAA

Chapter, AFL-CIO, Petitioner v. Pan American World Airways, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice White would grant certiorari.

No. 89-7216. David Junior Brown, Petitioner v. Gary Dixon, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7218. Wallace Norrell Thomas, Petitioner v. Charlie Jones,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 89-7341. In Re Joseph Sun, Petitioner. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 89-7068. In Re Charles Douglass, Petitioner. The petition for writ of mandamus is denied. MONDAY. MAY 21. 1990 663 Rehearings Denied

No. 88-7459. Donald A. Jones, Petitioner v. South Carolina;

No. 89-1222. Pervese Ahktar, dba Circle Mobile, Petitioner v. Bird Oil Company;

No. 89-1267. Jerome B. Rosenthal, Petitioner v. State Bar of California;

No. 89-1291. Atta Moshkelgosha, et al., Petitioners v. Prince George's County, Maryland;

No. 89-5624. Andrew Lavern Smith, Petitioner v. South Carolina;

No. 89-6333. Gregory Davis, Petitioner v. Mississippi; and

No. 89-6633. Ronald Keith Spivey, Petitioner v. Ralph Kemp, War- den. The petitions for rehearing are denied.

No. 88-6456. Geneva H. Sayles, Petitioner v. Circuit Court of Bed- ford County, Virginia. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, May 21, 1990, until Tues- day, May 29, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Larry Glenn Axelrood Chicago, IL William J. Hibbler Richard Earl Barnsback Fairfax, VA William Boys Harman, Jr. Michael Anthony Bell Riverside, CA Michael R. Raftery Thomas Lynn Bright Tulsa, OK Gail R. Runnels Kevin Vincent Canipelli Jacksonville, FL James Craig Williams Krishnan Shanker Chittur New York, NY Richard Martin Meyer Matthew Kim Chung Honolulu, HI Leonard Thomas Bradt Jo Dell Coning Aurora, CO George A. Hinshaw 664 MONDAY. MAY 21. 1990

Applicant City and State Movant

Bernard Edward DeLury Brigantine Island, Emory A. Jr NJ Rounds, III James Joseph Dodd-o Harrisburg, PA LeRoy S. Zimmerman Patrick J. Dwyer New York, NY Albert S. Commette Herminio Pineda Esquivel New York, NY Wilmot Hill McCutchen Judith Fabricant Melrose, MA Ruth A. Bourquin Todd David Fernow Hartford, CT Michael Richard Sheldon Rustin John Funk Marietta, OH Randall Gene Burnworth Stephen Jay Goodman Cleveland, OH Ronald H. Isroff Stephen Peterson Groves Charleston, SC Thomas Sumter Tisdale, Jr. John B. Hardaway III Greenville, SC Orville Gilbert Calhoun, Jr. Stephen Vance Hartman Dallas, TX W. R. Neil Jonathan M. Hoffman Portland, OR John Loring Langslet Ronald Owen Holman Dallas, TX Abbe David Lowell Bruce Richard Hopkins Washington, DC James Lenahan McHugh, Jr. Flayo 0. Kirk Tampa, FL Richard Carlton Bean Stephen Bruce Krimel San Diego, CA H. Dale Murphy William Arthur Lane Smyrna, TN Edward Joseph Jenkins William P. Leach Dade City, FL Howardene G. Garrett William Mclnemey Lukens San Francisco, CA G. Joseph Bertain, Jr. Michael William Lyons Norwalk, CT John Anthony Milici Jeffrey Lee Mad off Chicago, IL Beverly A. Susler Parkhurst MONDAY. MAY 21. 1990 665

Applicant City and State Movant

Stephen Allan Markus Cleveland, OH Ronald H. Isroff Gregory Eugene Martin York, PA Lewis Harrison Markowitz Thomas E. McCabe Chevy Chase, MD Charles R. Richey Steven V. McGettigan Trenton, NJ Debra Lynn Stone C. Michael Mclnnish Montgomery, AL Thomas Martele Goggans Michael J. Modelski Royal Oak, MI Richard H. Browne William Kimble Moore Jr. Louisville, KY Ryan Martin Halloran Clarence Edward Morgan Kosciusko, MS James Plemon III Coleman Michael Joseph Morse Milwaukee, WI Scott G. Thomas Sarah Gannon Mulligan St. Paul, MN Richard A. Wexler Robert Steven Nayberg New York, NY Martin H. Scher Michael Ray Packer Petersburg, VA James Franklin Andrews David R. Parry Clearwater, FL Neal C. Patterson, Jr. Gerald D. Poisson Royal Oak, MI Richard H. Browne Cal Johnson Potter III Las Vegas, NV John Julian Graves, Jr. Gary Stephen Redinger San Bernardino, Richard R. CA Beswick Jeffrey Paul Rodewald Geneva, IL Michael Patrick Kane Jeane L. Sathre St. Louis, MO Roy William Strawn Ronald Alan Shudnow Chicago, IL Irving B. Ribstein T. Thomas Singer Billings, MT Brent Reed Cromley William D. Spence Kinston, NC Fred W. Harrison Fredrick Robeit Susaneck Palm Beach, FL Barry E. Krischer Richard Thompson Pontiac. MI Paul J. Fischer Sara Anna Yannucci Chicago, IL Peter J. Birnbaum 666 MONDAY. MAY 21. 1990

Applicant City and State Movant

Peter Von Gontard St. Louis, MO Timothy Francis Noelker Arthur L. Walker Austin, TX David Read Richards Leanne Kae Walsh Chicago, IL Peter J. Birnbaum Robert Christian Weaver La Jolla, CA George J. Jr. Eigenhauser, Jr. J. Michael Wheiler Idaho Falls, ID Paul Benjamin Cavaness Henry Newton Wixon Washington, DC Sally Beth Pfund Russel W. Wray Baton Rouge, LA Willie Perry Wray, Jr.

Opinions

No. 89-5691. Frasiel L. Hughey, 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 Marshall. Justice White and Justice Kennedy joined the opinion except as to Part II—C.

No. 88-1932. United States, Petitioner v. German Munoz-Flores. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice Stevens concurring in the judgment with whom Justice O'Connor joins. Opinion by Justice Scalia concurring in the judgment.

No. 88-926. North Dakota, et al, Appellants v. United States. Ap- peal from the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Justice Stevens announced the judgment of the Court and delivered an opinion in which the Chief Justice, Justice White and Justice O'Connor join. Opinion announced by the Chief Justice. Opinion by Justice Scalia concurring in the judgment. Opinion by Justice Brennan concurring in the judgment in part and dissenting in part with whom Justice Marshall, Justice Blackmun and Justice Kennedy join. MONDAY. MAY 21. 1990 667

No. 89-98. Harold Davis, et ux., Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice O'Connor announced by the Chief Justice.

No. 89-333. California, Petitioner v. Federal Energy Regulatory

Commission, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice O'Connor announced by the Chief Justice.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James Albert Schaemer Colorado Springs, John E. Nolan Jr. CO William Hawkins Moorhead Anderson, SC Earl Finbar Murphy Ralph Lewis Landy Silver Spring, MD William George Beyer J. Jeffrey Benson Chillicothe, OH Judge Nicholas H. Holmes Jr. Edward John Brown Chillicothe, OH Judge Nicholas H. Holmes Jr. John Lewis Fosson Chillicothe, OH Judge Nicholas H. Holmes Jr. Rita S. Fuchsman Chillicothe, OH Judge Nicholas H. Holmes Jr. Christine B. Henthorne Chillicothe, OH Judge Nicholas H. Holmes Jr. Robert Charles Hess Chillicothe, OH Judge Nicholas H. Holmes Jr. James Lee Mann Chillicothe, OH Judge Nicholas H. Holmes Jr. Scott W. Nusbaum Chillicothe, OH Judge Nicholas H. Holmes Jr. Thomas Ewing Phillips Chillicothe, OH Judge Nicholas H. Holmes Jr. Mark Allen Preston Chillicothe, OH Judge Nicholas H. Holmes Jr. 668 MONDAY. MAY 21. 1990

Applicant City and State Movant

Robert Edgar Rittinger Chillicothe, OH Judge Nicholas H. Holmes Jr. Thomas Mark Spetnagel Chillicothe, OH Judge Nicholas H. Holmes Jr. John Benson Street Chillicothe, OH Judge Nicholas H. Holmes Jr. John Scott Street Jr. Chillicothe, OH Judge Nicholas H. Holmes Jr. Charles Rutherford Van de Chillicothe, OH Judge Nicholas H. Carr IV Holmes Jr. Willis Walker Chillicothe, OH Judge Nicholas H. Holmes Jr. Leonard Chamberlin Upper Marlboro, Francis X. Kuentz MD Beytagh, Jr. Gerald Otis Allen Shaker Heights, Francis X. OH Beytagh, Jr. James Randolph Burchfield Columbus, OH Francis X. Beytagh, Jr. Betsey Brewster Case Cleveland, OH Francis X. Beytagh, Jr. Alphonse P. Cincione Columbus, OH Francis X. Beytagh, Jr. Leland Dean Cole Akron, OH Francis X. Beytagh, Jr. Robert Carl Daugherty Columbus, OH Francis X. Beytagh, Jr. Diane Marshall Ennist Bethesda, MD Francis X. Beytagh, Jr. Beverly Joy Farlow Columbus, OH Francis X. Beytagh, Jr. Roy Ellis Gabbert Sr. West Union, OH Francis X. Beytagh, Jr. Edward Stephen Havasy Port Washington, Francis X. NY Beytagh, Jr. John William Hoppers Columbus, OH Francis X. Beytagh, Jr. John Thomas Jakubek Campbell, OH Francis X. Beytagh, Jr. MONDAY. MAY 21. 1990 669

Applicant City and State Movant

John Steven Lee Columbus, OH Francis X. Beytagh, Jr. Francis Johnston McGavran Washington, DC Francis X. II Beytagh, Jr. Velta Anita Melnbrencis Washington, DC Francis X. Beytagh, Jr. Steven Wade Mershon Columbus, OH Francis X. Beytagh, Jr. John Thomas Mills Jr. Pittsburgh, PA Francis X. Beytagh, Jr. Lincoln P. Oviatt Wooster, OH Francis X. Beytagh, Jr. William Michael Owens Coshocton, OH Francis X. Beytagh, Jr. Robert M. Parsons Columbus, OH Francis X. Beytagh, Jr. Paul Edward Pfeifer Bucyrus, OH Francis X. Beytagh, Jr. Daniel A. Piloseno Harrison, NY Francis X. Beytagh, Jr. Robert C. Preston Columbus, OH Francis X. Beytagh, Jr. Ted L. Ramirez Dayton, OH Francis X. Beytagh, Jr. Herbert McCune Columbus, OH Francis X. Richardson III Beytagh, Jr. William A. Shenk Columbus, OH Francis X. Beytagh, Jr. Howard Grant Stephenson Columbus, OH Francis X. Beytagh, Jr. Lawrence Paul Stich McLean, VA Francis X. Beytagh, Jr. K. Michael Taylor Columbus, OH Francis X. Beytagh, Jr. John B. Tingley Columbus, OH Francis X. Beytagh, Jr. John Willis VanDervoort Columbus, OH Francis X. Beytagh, Jr. 670 MONDAY. MAY 21. 1990

Applicant City and State Movant

Philip Warren Whitaker Columbus, OH Francis X. Beytagh, Jr. Randall Lee Johnson Falls Church, VA Francis X. Beytagh, Jr. William Francis Jankun New City, NY Francis X. Beytagh, Jr. Sheryle Lynn Long Butler, PA Lawrence Gerald Wallace Robert J. Amelio Pittsburgh, PA Lawrence Gerald Wallace V. Diane Blancett-Maddock Pittsburgh, PA Lawrence Gerald Wallace Lisa Arline Borrelli Pittsburgh, PA Lawrence Gerald Wallace Lorraine S. Caplan Pittsburgh, PA Lawrence Gerald Wallace Terry C. Cavanaugh Pittsburgh, PA Lawrence Gerald Wallace

Thomas J. Cordaro Pittsburgh, PA Lawrence Gerald Wallace Amy S. Cunningham Greensburg, PA Lawrence Gerald Wallace Gary Mitchell Davis Pittsburgh, PA Lawrence Gerald Wallace Arthur David Feldman Pittsburgh, PA Lawrence Gerald Wallace John G. Ferreira Pittsburgh, PA Lawrence Gerald Wallace Mary Bridget Geever Pittsburgh, PA Lawrence Gerald Wallace

Paul J. Gitnick Pittsburgh, PA Lawrence Gerald Wallace Richard W. Gladstone II Pittsburgh, PA Lawrence Geral Wallace Thomas F. Halloran Jr. Pittsburgh, PA Lawrence Gerald Wallace John Thomas Hofrichter Washington, PA Lawrence Gerald r W allace MONDAY. MAY 21. 1990 671

Applicant City and State Movant

Joel Bruce Johnston Pittsburgh, PA Lawrence Gerald Wallace John A. Kincaid Jr. Pittsburgh, PA Lawrence Gerald Wallace Marion Laffey-Ferry Butler, PA Lawrence Gerald Wallace Claudia Wickham Lane Pittsburgh, PA Lawrence Gerald Wallace James Samuel Lapcevic Pittsburgh, PA Lawrence Gerald Wallace Thomas G. Lemons Pittsburgh, PA Lawrence Gerald Wallace Leslie Bandur Mathis Butler, PA Lawrence Gerald Wallace Stephen P. McCloskey Washington, PA Lawrence Gerald Wallace Paul S. McGrath Jr. Pittsburgh, PA Lawrence Gerald Wallace Robert V. Mitchell Pittsburgh, PA Lawrence Gerald Wallace Barbara Ann Mohajery Pittsburgh, PA Lawrence Gerald Wallace David Armor Murdoch Pittsburgh, PA Lawrence Gerald Wallace Patrick T. Narcisi Pittsburgh, PA Lawrence Gerald Wallace Linda Iris Nelson Pittsburgh, PA Lawrence Gerald Wallace David M. Neuhart Pittsburgh, PA Lawrence Gerald Wallace Edward Charles O'Hearn Pittsburgh, PA Lawrence Gerald Wallace Thomas Charles Panian Washington, PA Lawrence Gerald Wallace John Robert Pegan Pittsburgh, PA Lawrence Gerald Wallace James A. Pellow III Pittsburgh, PA Lawrence Gerald Wallace 672 MONDAY. MAY 21. 1990

Applicant City and State Movant

Charles L. Potter Jr. Pittsburgh, PA Lawrence Gerald Wallace Ronald D. Powers Pittsburgh, PA Lawrence Gerald Wallace Diana Lovett Reed Pittsburgh, PA Lawrence Gerald Wallace Veronica Mary Rocks Pittsburgh, PA Lawrence Gerald Wallace Frank Gugliotta Salpietro Pittsburgh, PA Lawrence Gerald Wallace William John Schenck Butler, PA Lawrence Gerald Wallace Leland P. Schermer Pittsburgh, PA Lawrence Gerald Wallace Dennis Edward Shean Butler, PA Lawrence Gerald Wallace Richard G. Spagnolli Pittsburgh, PA Lawrence Gerald Wallace Eugenia Chambers Stoner Pittsburgh, PA Lawrence Gerald Wallace

Benjamin J. Viloski Pittsburgh, PA Lawrence Gerald Wallace Diana Francesca Wilkins Pittsburgh, PA Lawrence Gerald Wallace Francine W. Williams Pittsburgh, PA Lawrence Gerald Wallace

Adjourned until Tuesday, May 29, 1990 at 10 o'clock. x (JOURNAL) TUESDAY. MAY 29. 1990 673 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and wall not be announced orally."

Appeal— Summary Disposition

No. 89-1564. James E. Poole, Jr., et al., Appellants v. Emma Gresham, et al. Appeal from the United States District Court for the Northern District of Georgia. The judgment is affirmed.

Orders in Pending Cases

No. A-822. Valentine Bilcik, et al., Applicants v. United States, et al. The application for a stay of an order of the United States District Court for the Southern District of New York, dated June 30, 1989, presented to Justice Marshall and by him referred to the Court is denied. No. D-819. In the Matter of Disbarment of Timothy Theodore Chang. Disbarment order entered.

No. D-839. In the Matter of Disbarment of William S. Higginbotham. Disbarment order entered. No. D-856. In the Matter of Disbarment of Barry Gerald Sands. Dis- barment order entered.

No. D-875. In the Matter of Disbarment of Carl B. Stoner, Jr. Dis- barment order entered. No. D-881. In the Matter of Disbarment of Daniel W. Shoemaker. Disbarment order entered. No. D-883. In the Matter of Disbarment of Barry H. Singer. Disbar- ment order entered. No. D-885. In the Matter of Disbarment of Sheldon Joel Sanders. Disbarment order entered.

No. D-900. In the Matter of Disbarment of John M. Skevin. It is ordered that John M. Skevin, of Hackensack, NewT Jersey, be suspended from the practice of lawT 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 lawT in this Court. 674 TUESDAY, MAY 29. 1990

No. D-901. In the Matter of Disbarment of Bruce A. Olster. It is ordered that Bruce A. Olster, of Green Pond, 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-902. In the Matter of Disbarment of William A. Metz. It is ordered that William A. Metz, of New York City, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-903. In the Matter of Disbarment of Gary L. Hagman. It is ordered that Gary L. Hagman, of Weatherford, 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. 88-1916. Minnesota, Petitioner v. Robert Darren Olson. The motion of petitioner respecting the mandate and judgment of this Court is denied.

No. 89-1563. Hank Williams, Jr., et al., Petitioners v. Cathy Yvonne Stone. The motion of petitioners to defer consideration of the petition for a writ of certiorari is granted.

No. 89-6702. Louis Carter, Petitioner v. George Nesby, et al. The motion of petitioner for leave to proceed in forma pauperis is denied.

Petitioner is allowed until June 19, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Jus- tice Marshall, dissenting: For the reasons expressed in Brown v. Her- ald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7056. Ricky Don Blackmon, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice

White and by him referred to the Court is granted pending this Court's action on the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall remain in effect pending the issuance of the mandate of this Court. TUESDAY. MAY 29. 1990 675 Certiorari Granted

No. 89-1555. Mark E. Dennis, Petitioner v. Margaret L. Higgins, Di- rector, Nebraska Department of Motor Vehicles, et al. Petition for writ of certiorari to the Supreme Court of Nebraska granted.

No. 89-1391. Irving Rust, etc., et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services; and

No. 89-1392. New York, et al., Petitioners v. Louis W. Sullivan, Sec- retary of Health and Human Services. 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.

No. 89-7272. Ronald Allen Harmelin, Petitioner v. Michigan. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari to the Court of Appeals of Michigan granted limited to Question III presented by the petition. Certiorari Denied

No. 89-894. Michael J. Connolly, Secretary of State of Massachu- setts, et al., Petitioners v. Securities Industry Association, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1191. Sylvia Evans, et al., Petitioners v. City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 89-1218. Brenda Doe, as next best friend of Michelle Doe, a minor, Petitioner v. Booker Bobbitt, Shirley Dukes, Devorah Roberts and Barbara Ullman, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1313. Irwin D. Bross, Petitioner v. Edward J. Derwinski,

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

No. 89-1349. 110-118 Riverside Tenants Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1371. David R. Webb Company, Incorporated, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1380. Randy William Crider, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 676 TUESDAY. MAY 29. 1990

No. 89-1395. Stephen Barnhart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit, denied. No. 89-1397. Humberto Sergio Garza, Gary Ben Jordan and Noe

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

No. 89-1412. Melvyn Kaufman, et al., Petitioners v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1458. Mannheim Video, Inc., Petitioner v. Cook County. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1472. ACW Airwall, Inc., et al., Petitioners v. United States District Court for the District of Puerto Rico. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1483. Glenn D. Ramirez, Petitioner v. Oregon State Bar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1516. Joe Frank Harris, Governor of Georgia, et al., Petition-

ers v. Horace Luckey, III, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-1530. People for Responsible Omaha Urban Development,

Petitioner v. Army Corps of Engineers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1547. Michael A. Salminen, Petitioner v. Martha Terry, Spe- cial Administratrix of the Estate of Emanuel H. Stein, Deceased, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-1551. Johnny L. Pogue, Petitioner v. White Stone Baptist Church and Roosevelt Turner. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-1553. Linda Underwood, Petitioner v. Servicemen's Group Insurance. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1558. Edward Stephens, et al., Petitioners v. James E. Mc-

Kinney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-1561. Marsha Campbell, Administratrix of the Estate of Mi-

chael Allen Campbell, Petitioner v. City of Philadelphia, et al. Petition TUESDAY. MAY 29. 1990 677

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

No. 89-1579. Mary Celeste Griffing, Petitioner v. Children's Home Society of Florida, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 89-1639. Murray Appleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1649. Edward I. Isibor, Petitioner v. Board of Regents of the

State University and Community College System of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1663. Tino Fiumara, Petitioner v. Jerry A. O'Brien, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1668. Carmen R. Stanfield, Petitioner v. Betty W. Horn, Charles W. Burson, Lowry F. Kline and H. Lee Barfield, II. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied.

No. 89-1669. Salvatore Greco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-1673. James C. Pope, Petitioner v. Langhorne Bond, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1692. Salvatore T. D'Ottavio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1700. Edward A. Parker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-5493. Carmen Miledy Griffin, Sank Hines and Deborah

Tucker, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-5727. Charles Leroy Simpson and Stephanie Hamilton, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-5896. Luis Eduardo Romero, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 678 TUESDAY. MAY 29. 1990

No. 89-6072. Gilbert Caulk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6134. Norberto Acosta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-6282. Roland P. Herrada, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6287. Charles J. Burks, Petitioner v. United States; and

James Cannon, Petitioner v. United States; and Timothy Puskar, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6414. H. Ray Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6429. William Howard Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6692. George E. Griffith, Petitioner v. Tom Rolfs, Superin- tendent, Twin Rivers Corrections Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6792. William Brent Duncan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6794. Brian Grancorvitz, Petitioner v. Marianne Cooke, Su- perintendent, Kettle Moraine Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 89-6837. Stephen Wayne Nettles, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6860. Spencer Thomas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6887. Drew Terrell, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6899. Marco Anthony Santoyo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY. MAY 29. 1990 679

No. 89-6920. Henry Daniel Stull, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6924. Francisco Mederos Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-6925. Kenneth James Savage, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-6942. Steven Silvers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6945. David Pinelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6972. Thomas W. Lake, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 89-7009. Jose R. Castillo and Carmen Crespo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7084. Carl Sharp, Petitioner v. Mike Kemna, Superintendent, Western Missouri Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7086. Jack Wayne Smalley, Petitioner v. Michael Conroy. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7089. Charles Rentschler, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 89-7096. John Lynch, Petitioner v. Fred B. Pearce, et al.; and

John Lynch, Petitioner v. Manfred Maass, Superintendent, Oregon

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

No. 89-7099. Shirley Horner, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-7107. Matthew M. Austin, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 680 TUESDAY, MAY 29. 1990

No. 89-7109. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7111. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7112. Perry Walker, Petitioner v. Cadillac Motor Car Divi- sion, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-7118. James L. Martin, Petitioner v. Supreme Court of Penn- sylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7119. James L. Martin, Petitioner v. Supreme Court of Penn- sylvania. Petition for writ of certiorari to the Supreme Court of Penn- sylvania, Middle District, denied.

No. 89-7123. Abraham Friedman, Petitioner v. New York City De- partment of Housing and Development Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-7125. R. P. Z., Petitioner v. New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7126. James L. Martin, Petitioner v. Rowland Shank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7127. Ralph M. Lepiscopo, Petitioner v. Penitentiary Hospi- tal of New Mexico, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-7128. Thomas Robinson, Petitioner v. Sam Dubina, et al. Pe- tition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-7135. William Barnthouse, Petitioner v. Teresa Jackson, fka Teresa Barnthouse. Petition for writ of certiorari to the Court of Ap- peals of Colorado denied.

No. 89-7137. Frank Lechiara, Jr., Petitioner v. L. J. Miller, et al. Petition for writ of certiorari to the Circuit Court of West Virginia, Monongalia County, denied.

No. 89-7140. Thomas Pugh, Petitioner v. Steve W. Puckett, Super- intendent, Mississippi State Penitentiary, et al. Petition for writ of cer- TUESDAY. MAY 29. 1990 681 tiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7142. Lonnie Howard, Petitioner v. Officer Pluckett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7147. Clair Chisler, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-7148. Charles E. Salmon, Petitioner v. Corpus Christi Inde- pendent School District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7151. Richard Richardson, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7155. Arthur Smith, Petitioner v. George Alexander, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-7162. Raymond J. Barham, Petitioner v. Ronald J. Powell,

Commissioner, New Hampshire Department of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7171. Mohammed Ismail, Petitioner v. Old Kent Bank & Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7177. Arthur Solomon Gafford, Petitioner v. Wayne Estelle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7209. John Robert Demos, Petitioner v. Booth Gardner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7256. H. Ray Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7257. H. Ray Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7288. William Calvin Keaton, Petitioner v. Freestone

County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 682 TUESDAY. MAY 29. 1990

No. 89-7311. Dorothy Simmons, Petitioner v. Holsey Temple Chris- tian Methodist Episcopal Church, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-7316. Michael A. Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7330. Darrell Mackbee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7331. Alonso Miranda-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-7346. Mickey Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7351. Sammy Lee Terrell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7352. Henry Wesley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7363. Darrel McCabe, Petitioner v. William Callahan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1216. Port Ship Service, Inc., Petitioner v. Norton Lilly & Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 89-6264. Larry 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. 89-6814. Roy Allen Stewart, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6841. Alberto Valdez, 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. TUESDAY. MAY 29. 1990 683

No. 89-6875. Ronald Lee Bell, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6882. Victor Vernard Roberts, 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. 89-7048. David Loomus Cargill, Petitioner v. Walter Zant, War- den. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6484. Kenneth Granviel, Petitioner v. Texas. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Marshall with whom Jus- tice Brennan joins.

No. 89-7120. Harold James Willard, Petitioner v. Westinghouse Electric Corporation. The petition for a writ of certiorari to the United

States Court of Appeals for the Third Circuit before judgment is denied. Mandamus Denied

No. 89-7211. In Re Ricardo Beas. The petition for writ of mandamus is denied. Rehearings Denied

No. 89-527. William Callahan, Superintendent, McNeil Island Cor- rection Facility, Petitioner v. Michael Robtoy; and Kenneth DuCharme, Superintendent, Washington State Reformatory, Peti- tioner v. Nedley G. Norman, Jr.;

No. 89-6518. Tyronne Lindsey, Petitioner v. Louisiana; and

No. 89-6636. Daries Sherrills, Petitioner v. E. P. Perini. The petitions for rehearing are denied. Recess Order

The Court will take a recess from Tuesday, May 29, 1990, until Mon- day, June 4, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Robert Clark Adams San Antonio, TX Nancy Blair Barohn Charles A. Adams Jr. New Orleans, LA Walter Wimberly Christy 684 TUESDAY, MAY 29, 1990

Applicant City and State Movant

Robert H. Baer Brunswick, GA Randall M. Clark Robert E. Boyce San Diego, CA Steven Elliott Feldman William Arren Broussard Austin, TX Charles Alan Wright Catherine Bukowski Houston, TX Murry B. Cohen David H. Burns Tallahassee, FL John Michael Huey Maime M. Cervantes Los Angeles, CA Antonia Hernandez

Michael Joseph Coughlin Jr. Peabody, MA Francis J. Larkin

Craig E. Courter San Diego, CA Dennis J. Wickham Richard P. Cox Minneapolis, MN Frank James Kundrat Jr.

James William Craig Jackson, MS Kenneth J. Rose Salvatore P. DiFazio Somerville, NJ James Francis McNaboe Charles M. Elefante Philadelphia, PA Michael Anthony DeFino Allison E. Folds Jr. Gainesville, FL Osee R. Fagan William Eugene Galeota Morgantown, WV Debra Hodges Scudiere Diane Joyce Geller Glen Cove, NY Barry Leonard Gardner

Patrick D. Gill New York, NY Brendan Eugene Gill

Thomas J. Gillooly Charleston, WV Roger William Tompkins II Lawrence L. Ginsburg New York, NY Myron Cohen Robert Michael Granieri Pasadena, CA Monte Dwight Richard Robert Stephen Griscti Gainesville, FL Larry G. Turner David Michael Gunn Houston, TX Samuel H. Robertson Jr. Howard Evans Hamann Los Angeles, CA James M. FitzSimons TUESDAY. MAY 29. 1990 685

Applicant City and State Movant

Cornelius R. Heusel New Orleans, LA Walter Wimberly Christy John R. Hillsman San Francisco, CA Frederick William Wentker Jr Gregory G. Hough Lawrence, KS Robert T. Stephan David Wolf Kapor Cincinnati, OH Steven E. Simon Earl G. Kauffman Philadelphia, PA John G. McDougall Jeffrey David Knickmeier McFarland, WI Jeff Scott Olson James M. Lehman Minneapolis, MN Richard P. Mahoney James Burgess Leonard Ada, OH Stephen Charles Veltri Jeffrey Mark Lepon Washington, DC Willard K. Tom Steven William Levitan New York, NY Cyrus R. Vance John R. Locke Jr. San Antonio, TX Jack Caldwell Hebdon Paul A. Logan King of Prussia, Jean Brody Green PA Thomas Manthos Beverly Hills, CA Constantin Urevich Anthony Louis Marciano Long Island City, Edward C. NY Montell Michael Thomas McColloch Los Angeles, CA Roger B. Coven Timothy K. McNamara Kansas City, MO Judge John Townsend Maughmer William A. Mitchell Quincy, MA Francis X. Bellotti Judith A. Moler Topeka, KS David J. Gottlieb Andrew S. Montgomery New York, NY Seth D. Montgomery Alice E. Moore Boston, MA Morris M. Goldings David Stewart Morgan Port Orange, FL Kellie A. Nielan James Joseph Mulgrew Santa Ana, CA Michael R. Capizzi Thomas S. Mullikin Camden, SC John M. Spratt Jr. Tim Nader San Diego, CA Rudolf Corona Jr. Fredric George Novy Chicago, IL Philip Joseph Rock 686 TUESDAY. MAY 29. 1990

Applicant City and Stat? Movant

Jose Antonio Pagan-Velez San Juan, PR Peter John Porrata Melinda K. Pendergraph St. Louis, MO Nancy A. McKerrow Joseph A. Phillips New York, NY Judge Burton B. Roberts Jeffrey D. Richardson Decatur, IL Christopher Martin Tietz Sarah A. Rumage New York, NY Stephen J. Smirti Jr. Michael S. Shipley Liberty, MO Howard F. Sachs Andrew G. Siket Naples, FL Robert Edward Fultz Daniel A. Smith Jacksonville, FL Wm. J. Sheppard Robert H. Solomon New York, NY Roger Lee Stavis D. Kirk Swinney Austin, TX David Wayne Reagan James J. R. Talbot Washington, DC William T. Coleman Jr. Steven Jay Teplinsky Chicago, IL Dennis E. Quaid Frank E. Van Vlierbergen River Forest, IL Joseph Patrick McGah Gregory J. Wall Port Orchard, WA William J. Kamps Bradford G. Wiewel Austin, TX Michael Lee Brandes Opinions

No. 88-1260. Citibank, N.A., Petitioner v. Wells Fargo Asia Lim- ited. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Concurring opinion by the Chief Justice. Dissenting opinion by Justice Stevens.

No. 88-6546. Albert Duro, Petitioner v. Edward Reina, Chief of Po- lice, Salt River Department of Public Safety, Salt River Pima-Maricopa

Indian Community, 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 Kennedy. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. TUESDAY. MAY 29. 1990 687

No. 89-163. United States, Petitioner v. Guadalupe Montalvo-Mu- rillo. 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 Kennedy. Dissenting opinion by Justice Ste- vens with whom Justice Brennan and Justice Marshall join.

No. 89-44. Dennis Burnham, Petitioner v. Superior Court of Califor- nia, County of Marin (Francie Burnham, Real Party in Interest). On writ of certiorari to the Court of Appeal of California, First Appellate District. Judgment affirmed. Justice Scalia announced the judgment of the Court and delivered an opinion in which the Chief Justice and Jus- tice Kennedy join, and in which Justice White joins with respect to

Parts I, II-A, II-B, and II-C. Opinion by Justice White concurring in part and concurring in the judgment. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall, Justice Black- mun, and Justice O'Connor join. Opinion by Justice Stevens concurring in the judgment.

No. 89-65. Fort Stewart Schools, Petitioner v. Federal Labor Rela-

tions Authority, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Scalia. Concurring opinion by Justice Marshall.

No. 88-7194. Arthur Lajuane Taylor, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eighth 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 Blackmun. Justice Scalia does not join Part II of this opinion. Opinion by Justice Scalia concurring in part and concurring in the judgment.

No. 89-156. Pennsylvania Department of Public Welfare, et al., Peti- tioners v. Edward J. Davenport, et ux. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Marshall. Dissenting opinion by Justice Blackmun with whom Justice O'Connor joins.

No. 89-255. United States, Petitioner v. Energy Resources Co.,

Inc., et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice White. Justice Blackmun dissents. No. 89-474. William V. Grady, District Attorney of Dutchess

County, Petitioner v. Thomas J. Corbin. On writ of certiorari to the 688 TUESDAY. MAY 29. 1990

Court of Appeals of New York. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice O'Connor. Dissenting opinion by Justice Scalia with whom the Chief Justice and Justice Kennedy join. Admissions to the Bar on Oral Motions

Applicant City and State Movant

Carlos A. Caban San Juan, PR Francis John Lorson Katheryne D. Silvestry Hato Rev, PR Francis John Hernandez Lorson Rafael Sanchez Hernandez San Juan, PR Francis John Lorson Elizabeth Hopkins Washington, DC Ellen Leslie Beard Dale E. Anstine York, PA Lewis Harrison Markowitz Leah B. Graff York, PA Lewis Harrison Markowitz Joseph Robert Kowitski York, PA Lewis Harrison Markowitz Lawrence S. Markowitz York, PA Lewis Harrison Markowitz David M. Pollick York, PA Lewis Harrison Markowitz W. Scott Sandusky York, PA Lewis Harrison Markowitz Joan Comparet Los Angeles, CA Lewis Harrison Markowitz Robert J. Cox Birmingham, AL William E. Peterson Everette Arnold Braden Chicago, IL William E. Peterson Shannon Meday Cobe Chicago, IL William E. Peterson

Donna J. Cunningham Schaumburg, IL William E. Peterson Robert N. Hilbert Chicago, IL William E. Peterson Edwin Manuel Jaskowiak Naperville, IL William E. Peterson TUESDAY. MAY 29. 1990 689

Applicant City and State Movant

Marcaret Therese Kinnallv Chicago, IL William E. PpfpiNnn Thomas Grecrorv Patrick Chicago IL William E. Leavy Pptpvcon Kenneth Edward Mateas Aurora, IL William E. Peterson Ralph Muentzer Chicago, IL William E. Peterson Donald G. Weiland Chicago, IL William E. Peterson Ronald Edward Lasky Hartford, CT Daniel Robert Coquillette William C. Turney New Haven, CT Daniel Robert Coquillette Richard R. Zaragoza Washington, DC Daniel Robert Coquillette James G. McGiffin Jr. Dover, DE Daniel Robert Coquillette Albert T. Anastasio South Dennis, MA Daniel Robert Coquillette Mark S. Bourbeau Boston, MA Daniel Robert Coquillette David P. Brauer Dover, MA Daniel Robert Coquillette Kevin M. Burke Quincy, MA Daniel Robert Coquillette Edwin Richard Chyten Boston, MA Daniel Robert Coquillette John Michael Dellea Boston, MA Daniel Robert Coquillette Harlan Morrison Doliner Boston, MA Daniel Robert Coquillette Leonard M. Fisher Peapack, NJ Daniel Robert Coquillette Stephen Kenneth Fogg Boston, MA Daniel Robert Coquillette Charles Francis Foster North Andover, Daniel Robert MA Coquillette 690 TUESDAY. MAY 29. 1990

Applicant City and State Movant

Bruce R. Fox Boston, MA Daniel Robert Coquillette Gerarda Marie Fulham Osterville, MA Daniel Robert Coquillette Steven C. Goodwin Boston, MA Daniel Robert Coquillette Edward Thomas Hinchey Boston, MA Daniel Robert Coquillette Michael 0. Jennings Springfield, MA Daniel Robert Coquillette Paul F. McDonough Jr Boston, MA Daniel Robert Coquillette Thomas P. O'Reilly Boston, MA Daniel Robert Coquillette Michael J. Pelgro Boston, MA Daniel Robert Coquillette

Steven J. Seeche Providence, RI Daniel Robert Coquillette Robert Sweeney Troy Sandwich, MA Daniel Robert Coquillette Timothy P. Van Dyck Boston, MA Daniel Robert Coquillette Mary E. Johnson Van Dyck Boston, MA Daniel Robert Coquillette Michael F. Walsh Melrose, MA Daniel Robert Coquillette EdwT ard William Waystack Boston, MA Daniel Robert III Coquillette David Carl Weinstein Boston, MA Daniel Robert Coquillette Edward Reynolds Jantzen San Diego, CA Daniel Robert Coquillette Theodore Frederick Kerin NewT York, NY Daniel Robert Coquillette Aundrie L. Wormley South Orange, NJ Daniel Robert Coquillette Joanne Emily Bell Syosset, NY Daniel Robert Coquillette —

TUESDAY. MAY 29. 1990 691

Applicant City and State Movant

Pita PopVipIIp Rrapkppn Brooklyn1 9 X. UUiil V llq NYXI X jocundDpinipl iiuunPnhpvtt Coquillette

-TnVin frahyipl Qatti NewX 1 \^ V> York1. VI iV^ NYX ^1 X Danipl Rnhprt Coquillette John J. Hughes Jr. North Tarrvtown, Daniel Robert NY Coquillette SVipypp ~p Ullvl V^v^ X • TjpvinpJ J V_ V Hi v Newi. 1 V Vt York-L \J X. 11 • XNY^ X Danipl Pohprt Coquillette ppipctp Veronica Lones Plainview NY Daniel Robert Coquillette A Steven Stei^erwald Svosset NY X_XDanielCXI 11 v i RohprtUrUUVl L Coquillette James J. Yukevich New York, NY Daniel Robert Coquillette

ThomasX 1 1 W lii CA. O PaulX U Ul DaleX-^CXl^ BostonJJuOluii, MAlull \—SDanielCXI llvl RobertIV U UV^l L Coquillette Mark Dean Seltzer Boston, MA Daniel Robert Coquillette

Josenh McLean Hall xiv_-Newnortvv vj \j x. \, % xvxRI DanielJL/U111V. 1 lVUUV^lRobertC Coquillette Louis A. Petrarca Jr West Warwick, Daniel Robert RI Coquillette Okhoo Hanes Oakland, CA Daniel Robert Coquillette Eric Harold Weisblatt Alexandria, VA Daniel Robert Coquillette

Adjourned until Monday, June 4, 1990 at 10 o'clock. x

(JOURNAL) SUNDAY. JUNE 3. 1990 693 SUPREME COURT OF THE UNITED STATES

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

Opinion Per Curiam *

No. A-857. Peter Demosthenes, Warden, et aL, Applicants v. Edwin and Doris Baal. On application to vacate stay of execution of sentence of death. The application of the Attorney General of Nevada to vacate the order of the United States Court of Appeals for the Ninth Circuit, dated June 2, 1990, staying the execution of sentence of death of Thomas E. Baal, presented to Justice O'Connor and by her referred to the Court, is granted. Opinion per curiam. Dissenting opinion by Jus- tice Brennan with whom Justice Marshall joins. Justice Blackmun and Justice Stevens dissent and would deny the application to vacate the stay.

(JOURNAL) MONDAY, JUNE 4, 1990 695 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-198. National Treasury Employees Union, Petitioner v.

United States Nuclear Regulatory Commission, et al.; and

No. 89-562. Federal Labor Relations Authority, Petitioner v. Na- tional Treasury Employees Union, et al. On petitions for writs of certiorari to the United States Court of Appeals for the Fourth 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 Fourth Circuit for further consideration in light of Fort Stewart Schools v. Federal Labor Relations Authority, 495 U.S. (1990).

No. 89-736. Federal Labor Relations Authority, Petitioner v. Fort

Knox Dependent Schools, 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 Fort Stewart Schools v. Federal Labor Relations Authority, 495 U.S. (1990).

No. 89-1101. United States, Petitioner v. Randall Gene Cunning- ham. 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 Taylor v. United States, 495 U.S. (1990).

No. 89-1177. 11126 Baltimore Blvd., Inc., ta Warwick Books, Peti- tioner v. Prince George's County, Maryland. 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 696 MONDAY. JUNE 4. 1990

Fourth Circuit for further consideration in light of FW/PBS, Inc., dba Paris Adult Bookstore, II v. City of Dallas, 493 U.S. (1990).

No. 89-5743. Donald D. Payton, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Tay- lor v. United States, 495 U.S. (1990).

No. 89-5938. Eddie Lucio Garcia, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The 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 Taylor v. United States, 495 U.S. (1990).

No. 89-6995. Odie Lee Jordan, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Tay- lor v. United States, 495 U.S. (1990).

Orders in Pending Cases

No. — . Ben W. Allustiarte, et ux., Petitioners v. W. Austin Coo- per. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. . Jacque Boyle, et al., Petitioners v. Rogers Distributing

Corp. , et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-720. Donna Hishmeh, Applicant v. New Jersey Division of Motor Vehicles. The application for stay addressed to the Chief Justice and referred to the Court is denied. No. D-833. In the Matter of Disbarment of Joseph R. Laird, Jr. Dis- barment order entered. No. D-855. In the Matter of Disbarment of Fred Rivas. Disbarment order entered. No. D-874. In the Matter of Disbarment of Jordan L. Peiper. Disbar- ment order entered. MONDAY. JUNE 4. 1990 697

No. D-892. In the Matter of Disbarment of John A. Shorter, Jr. Dis- barment order entered. No. D-897. In the Matter of Alan Mark Hersh. Alan Mark Hersh, of Beverly Hills, 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 April 23, 1990, is hereby discharged. No. D-904. In the Matter of Disbarment of Thomas Lawrence Root. It is ordered that Thomas Lawrence Root, of Washington, D.C., be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-905. In the Matter of Disbarment of Larry L. Hanna. It is ordered that Larry L. Hanna, of Myrtle Beach, South Carolina, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The motion of the Special Master for allowance of compensation and reimbursement of expenses is granted and the Special

Master is awarded $61,292.54 for the period September 1, 1989, through January 31, 1990— one-third to be paid by each party.

No. 89-532. Peat Marwick Main & Co., Petitioner v. W. David Holloway, et al. The motion of respondents to retax costs is denied.

No. 89-839. Arizona, Petitioner v. Oreste C. Fulminante. The motion of Americans for Effective Law Enforcement, Inc., et al. for leave to file a brief as amici curiae is granted. The motion of the Solicitor Gen- eral for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1145. Linda McCracken, Petitioner v. City of College Park,

Georgia, et al. The motion of respondents for attorney's fees is denied.

No. 89-1421. Marvin Powell, et al., Petitioners v. National Football

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

No. 89-7043. Harvey Kudler, Petitioner v. Judicial Council of the Second Circuit. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 25, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice 698 MONDAY, JUNE 4, 1990

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

No. 89-7170. Chimurenga K.S. Jenga, et ux., Petitioners v. Clinton H. Deveaux. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until June 25, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 89-1332. Gene McNary, Commissioner of Immigration and Natu- ralization, et al., Petitioners v. Haitian Refugee Center, Inc., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 89-1416. Air Courier Conference of America, Petitioner v. American Postal Workers Union, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit granted.

No. 89-1598. Eastern Airlines, Inc., Petitioner v. Rose Marie Floyd, et vir, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 89-1452. Mobil Oil Exploration & Producing Southeast Inc., et al., Petitioners v. United Distribution Companies, et al.; and

No. 89-1453. Federal Energy Regulatory Commission, Petitioner v. United Distribution Companies, et al. 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.

No. 89-7024. Warren McCleskey, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic & Classification Center. The motion of petitioner for leave to proceed in forma pauperis and petition for a writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit are granted. In addition to the questions presented by the petition, the parties are requested to brief and argue the following question: MONDAY, JUNE 4, 1990 699

"Must the State demonstrate that a claim was deliberately aban- doned in an earlier petition for a writ of habeas corpus in order to estab- lish that inclusion of that claim in a subsequent habeas petition consti- tutes abuse of the writ?" Certiorari Denied

No. 88-1885. Mitchell Ray Leonard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 88-7307. Earl Joseph Carter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 88-7398. Sheldon R. Schoenborn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-7509. Jose Lopez Quintero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1293. W. C. Garcia & Associates, Inc., Petitioner v. Frank S. Miceli, District Director, Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1295. Connecticut, Petitioner v. John Lonergan. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-1415. James E. Lindsey, et al., Petitioners v. Ferris Faculty

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

No. 89-1426. Michael Robert Laykin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1444. Shriners Hospitals for Crippled Children, Petitioner v. First Security Bank of Utah, N.A., Personal Representative of the Es- tate of Velma Rife Jones, deceased, et al. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 89-1450. Northern Telecom, Inc., Petitioner v. Dudley W. Tay- lor, Commissioner of Revenue of Tennessee, et al. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 89-1539. North Carolina, Petitioner v. Eugene Davis, Jr. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. 700 MONDAY, JUNE 4. 1990

No. 89-1542. Caribbean Marine, Inc., aka Bizcap, Inc., Petitioner v. Anthony P. Olive, Director of Virgin Islands Bureau of Internal Reve- nue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1559. Steve Estes, Petitioner v. City of Moore, Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1568. Arthur Chambless, et ux., Petitioners v. Masters, Mates & Pilots Pension Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1576. Travelers Indemnity Company, Petitioner v. Avondale Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1577. James L. Hooper, Petitioner v. John Gill, Jr., et al. Pe- tition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 89-1578. Gary Moore, Petitioner v. City of Costa Mesa, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1581. United States Fidelity and Guaranty Company, Peti- tioner v. Anne Andrake Ureta, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1586. Luke Allen Bates, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-1589. Alpha Wire Corporation, et al., Petitioners v. Pearl Siegel. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-1594. Basil R. Legg, Jr., Petitioner v. North Carolina Board of Law Examiners. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 89-1596. Dennis Ray Sumner, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 89-1597. General Accident Fire & Life Assurance Corp., Ltd.,

Petitioner v. ITT General Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-1601. John E. Fuller, Individually and dba Party Time Pro- ductions, Petitioner v. Mayor and Aldermen of the City of Savannah, Georgia. Petition for writ of certiorari to the Court of Appeals of Geor- gia denied. MONDAY. JUNE 4, 1990 701

No. 89-1610. Eugene E. Mori, Petitioner v. Joan M. McCrane, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 89-1612. Darius Irby, et al., Petitioners v. Virginia State Board of Elections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1613. R. Richard Bastian, III, et al., Petitioners v. Petren

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

No. 89-1621. Charles E. McManama, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-1635. Northwest Advancement, Inc., et al, Petitioners v.

Oregon Bureau of Labor, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-1636. Carol A. Montenegro, Petitioner v. Arizona Depart-

ment of Economic Security, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 89-1650. Leon S. Kaplan, Petitioner v. County of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1666. J M Smith Corporation, dba Smith Data Processing,

Petitioner v. pel Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1706. I-Point AB, et al., Petitioners v. Zeta Associates, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1709. Lloyd W. Patterson, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1722. Donald L. Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-1732. Thompson B. Sanders, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1740. Rudy G. Stanko, Petitioner v. United States Parole

Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 702 MONDAY. JUNE 4. 1990

No. 89-1755. Raymond Dobard, Petitioner v. City of Oakland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5282. Darryl Dombrowski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-5807. Lawrence C. Sanders, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5890. William Eugene Merritt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-5962. William Henry Taylor, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6101. Stephen C. Twomey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6215. John Fuller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6375. Feredesvino Avila-Iscoa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6540. Wilbert Norwood Starks, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-6648. Steven Harold Erikson, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-6693. Leonard Yager and Thomas Esposito, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6722. Robert A. Gallagher, Petitioner v. Jill Goldhart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-6750. Randall Scott Silkwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, JUNE 4. 1990 703

No. 89-6786. James Robert Keener, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6793. Robert Adam Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6849. Anthony Jones, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-6896. Terry Harris, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-6929. Jack Millman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-6966. Anibal Arroyo-Plaud, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-6971. John M. Ferenc, Petitioner v. Joyce Tuggle and David Maland. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-7095. Ralph McFadden, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7122. Rosa May Fanniel, Petitioner v. Her Majesty Queen

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

No. 89-7154. Lucille Samuel, Petitioner v. Morrison Incorporated, dba Morrison Food Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7157. William A. Simpson, Petitioner v. Kentucky, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7159. David L. Butzin, Petitioner v. Frank W. Wood, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7160. Noah Leroy Fansler, Petitioner v. Corrections Cabinet, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 704 MONDAY. JUNE 4. 1990

No. 89-7163. Columbus Southerland, Petitioner v. Billy Wofford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7164. David E. Boyd, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 89-7165. Michael Sammons, Petitioner v. David Harrison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7167. Liueybogheii Mojiuyawhe Awkakewakeyes, Petitioner

v. J. Michael Sutton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7172. Richard Ralph Martinez, Petitioner v. Dareld Kerby,

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

No. 89-7173. James 0. Kelley, Petitioner v. International Total

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

No. 89-7179. Willie James Barnes, Petitioner v. Bob Martinez, Gov-

ernor of Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-7180. Ronald L. Mindek, Petitioner v. Pennsylvania; and Ben

Mindek, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 89-7181. Ignacio Q. Miranda, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7184. Eric Lawson, Petitioner v. Tommy Wallace, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7186. Ludie Marsh, 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. 89-7187. Thomas Robinson, Petitioner v. Ada Meyer, et al. Peti- tion for writ of certiorari to the Court of Appeals of Ohio, Stark County, denied.

No. 89-7190. Christiana Parker, Petitioner v. Board of Review, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied. MONDAY. JUNE 4. 1990 705

No. 89-7193. David Coades, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7199. John Brown, Petitioner v. James E. Sullivan, Superin- tendent, Woodbourne Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7202. John J. Benoist, Jr., Petitioner v. Department of De- fense. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-7205. Wayne S. Donald, Petitioner v. United States Depart- ment of Education. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7207. Jirik Parez, Petitioner v. San Diego County Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7212. Dennis Everson, Petitioner v. John Ott, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-7213. George Ford and Arbary P. Jackson, Petitioners v.

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

No. 89-7219. Kenneth L. Boatwright, Petitioner v. Tom L. Barton, Superintendent, Florida State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7220. Alton D. Brown, Petitioner v. L. L. Wainwright, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7237. Nick Alfred Aguilar, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7240. Martin Allen Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7265. David Paul Schubert, Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 89-7267. William Jeffrey Cantrell, Petitioner v. William F. Kel- T ley, W arden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 706 MONDAY. JUNE 4. 1990

No. 89-7301. Gary DeWilliams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7310. Robert F. Dugan, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 89-7317. Ronald Telk, Petitioner v. National Labor Relations

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

No. 89-7318. Jerry Young, Petitioner v. Harold Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-7327. David H. Kinloch, Petitioner v. Nicholas Brady, Secre- tary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7369. Kelly Lynn Covington, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7379. Johnnie Lamart Colbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7385. Charles Egan, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7391. William Peoples, Petitioner v. Henry Grayson, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7396. Ron LaFraugh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7398. Larry James Foster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7399. Angel Acosta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7447. James Melvin Lee, Petitioner v. F. E. Latourelle, Su- perintendent, Ogdensburg Correctional Facility, et al. Petition for writ MONDAY, JUNE 4. 1990 707 of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 88-1031. Citibank, N.A., Petitioner v. Ngoc Quang Trinh. The motion of New York Clearing House Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1170. Texas, Petitioner v. Ronald Curtis Chambers. 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. 89-1574. General Motors Corporation, et al., Petitioners v. De- partment of Revenue of Alabama; and

No. 89-1587. Reynolds Metals Company, Petitioner v. James M. Sizemore, Jr., Commissioner of Revenue of Alabama. The motion of Committee 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 Tax Executives Institute, Inc. for leave to file a brief as amicus curiae is granted. Petitions for writs of certiorari to the Supreme Court of Alabama denied.

No. 89-1590. New York State Department of Labor, et al., Petition- ers v. General Electric Company. The motion of Building and Construc- tion Trades Department, AFL-CIO, for leave to file a brief as amicus curiae is granted. The motion of Joint Industry Board of Electrical In- dustry for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-1599. Langan Engineering Associates, Inc., Petitioners. 21st Phoenix Corporation, fka Hanson Development Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White would grant certiorari.

No. 89-1664. New Mexico, Petitioner v. Terry Callaway; and New

Mexico, Petitioner v. Mike C. Molinar. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-6716. Anthony Leroy Pierce, 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. 89-7146. Darryl Eugene Freeman, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Dis- senting statement by Justice Brennan and Justice Marshall. 708 MONDAY. JUNE 4. 1990 Habeas Corpus Denied

No. 89-7423. In Re Kwasi Seitu, Petitioner; and

No. 89-7452. In Re Gareth Wilson, Petitioner. The petitions for writs of habeas corpus are denied.

Mandamus Denied

No. 89-7008. In Re Arthur W. Carson, Petitioner; and

No. 89-7350. In Re Raymond Swentek, Petitioner. The petitions for writs of mandamus are denied. No. 89-6889. In Re Ralph McFadden. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 87-6927. Alexis Hamilton, as natural mother and next friend of

James Edward Smith, Petitioner v. Texas; No. 88-1213. Employment Division, Department of Human Re- sources of Oregon, et al., Petitioners v. Alfred L. Smith, et al.;

No. 88-5986. Clyde Osborne, Appellant v. Ohio;

No. 89-1319. Mark Tarka, Petitioner v. G. Charles Franklin, et al.;

No. 89-1334. Jerome B. Rosenthal, Petitioner v. J. M. Young, et al.;

No. 89-1341. Maria Graciela Ramirez, Petitioner v. Transamerican

Natural Gas Corp., et al.; No. 89-1382. In Re James Freed, Petitioner;

No. 89-5737. Charles Troy Coleman, Petitioner v. James Saffle,

Warden, et al.;

No. 89-6302. Harold G. Williams, Petitioner v. Ralph Kemp, Warden; No. 89-6818. In Re Floyd Hicks, Petitioner;

No. 89-6835. James Watts, Petitioner v. O. S. Foster, et al.;

No. 89-6869. Eunice Justice, Petitioner v. Ohio, et al.; and

No. 89-6888. Vinod Gulati, Petitoner v. United States. The petitions for rehearing are denied.

No. 86-1964. James G. Wallace, Petitioner v. Arizona. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The motion for leave to file a petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of these motions. MONDAY, JUNE 4, 1990 709

No. 89-5629. James Granvil Wallace, Petitioner v. Arizona. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Monday, June 4, 1990, until Mon- day, June 11, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Joseph G. Albe New Orleans, LA Joseph E. K. H. Ching Forrest Carlson Allred Aberdeen, SD William J. Pfeiffer Joseph E. Ashmore Jr. Dallas, TX Douglas Henry Conner III

Jose I. Astigarraga Miami, FL Alvin B. Davis D. Stan Barnhill Roanoke, VA William B. Poff Frank Paul Battard New Orleans, LA Richard L. Voelker Jr. Renee M. Bazar Bakersfield, CA Gilbert C. Caton Charles S. Biener New York, NY Davison Winchell Grant Anthony Patrick Bisceglie Washington, DC William C. Walsh Robert W. Blakemore Akron, OH David Austin Looney Edward Boncek Johnson City, NY William Kenneth Maney Bradford Wayne Botes Birmingham, AL J. Gusty Yearout David Finley Butterfield Shreveport, LA Chas. L. Mayer Kevin J. Carlin Hackensack, NJ John J. Gibbons Wanda L. Carter Columbus, OH Philip R. Moots Susie Taylor Carver Tuscaloosa, AL Sam M. Phelps Don P. Chairez Sacramento, CA Cruz Reynoso Mark V. Clark Atlanta, GA Robert J. Edwards Thomas L. Crisman Dallas, TX Lawrence B. Gibbs Michael F. Cromett Saint Paul, MN Michael Francis Fetsch 710 MONDAY. JUNE 4. 1990

Applicant City and State Movant

Jody Marie Cusson-Cobb Greenwood, IN Linley E. Pearson James V. DeLong Washington, DC John Gordon Kester J. Kitridge Fegley Reading, PA Alfred W. Putnam Jr. Anthony Albert Ferrigno Corona, CA James D. Ward Richard A. Friedman Washington, DC William H. Allen David Gaberman Farmington Hills, Mark Elliot Weiss MI James R. Habeck Shawano, WI Richard V. Graylow Denise D. Hennelly Royersford, PA George P. Wood William Franklin Howard Baltimore, MD J. Joseph Curran Jr. Ernest G. Ianetti Newark, NJ Raymond A. Brown H. C. Ireland III Birmingham, AL Jack B. Porterfield Jr.

Abby Besser Klein Los Angeles, CA Stanley I. Greenberg Mark Howard Klein Miami, FL Daniel F. Solomon Fernand Louis Laudumiey New Orleans, LA D. Douglas III Howard Jr. Richard G. Lepley Washington, DC Mary Therese Porter Gary M. Luck Shorewood, WI Joel Harvey Rosenthal Edward John Main Tulsa, OK James K. Secrest, II Jack Gilbert Mancuso Reading, A James Martin Potter Martin B. Marcus Farmington Hills, Michael P. MI Simkow Geoffrey E. Marion Cheshire, CT Julia DiCocco Dewey Lee Markovitz Pittsburgh, PA J. Kensington Lewis Steven Paul McGowan Charleston, WV Carl F. Stucky Jr. 1

71l X J.

Applicant City and State Movant

Martha White Medley Danville, VA Robert Lord Morrison, Jr. Michael L. Mixell Reading, PA Alfred W. Putnam Jr. Coy D. Morrow- Miami, OK John R. Wallace Paula D. Osborn St. Paul, MN David L. Bishop Robert S. Pinzur Chicago, IL Vincent P. Crisci Patricia Susan Radez San Francisco, CA Mark Steven Ross Victor Ioannis Reyes Pueblo, CO William Walbridge Greenhalffh Irene Louise Ringwood Washington, DC Thomas Stephen Foley Steven P. Russett St. Paul, MN Lawrence Hammerling Dana M. Sabraw San Diego, CA David C. Doyle Michael Y. Saunders Houston, TX George E. Pletcher John Davidson Schenck Los Angeles, CA Frederick Jerome Glassman Elizabeth Wilson Segovis McKinney, TX Thomas Alton Redwine Rex Arthur Sharp Liberal, KS Jack Ewalt Dalton Willis A. Siegfried Jr. Pittsburgh, PA William B. Mallin Jody W. Sims Austin, TX Thomas A. Broussard Mary Esther Slay Houston, TX Anthony J. Sadberry Amy Rosen Snell Detroit, MI Mark Roy Bendure

Gina Maria Sorge Roseland, NJ John I. Lisowski Elizabeth McCool Stanton Columbus, OH Philip R. Moots Correale F. Stevens Hazleton, PA Donald Hess Brobst M. Corbett Stevenson Milwaukee, WI Dennis M. Sullivan John W. Tavormina Houston, TX George E. Pletcher 712 MONDAY. JUNE 4. 1990

Applicant City and State Movant

B. Todd Thompson Louisville, KY Frank P. Doheny Jr. Deborah Tracey Tiller New Orleans, LA Richard L. Voelker Jr. Daniel Viera Corpus Christi, Jose Antonio TX Canales William Joseph Volonte Newark, NJ Janet Cooper Stanly Tokio Yamamoto Modesto, CA George Henry Eiserlll

Ronald A. Ziff Los Angeles, CA Stanley I. Greenberg

Opinions

No. 88-1972. Illinois, Petitioner v. Lloyd Perkins. On writ of certiorari to the Appellate Court of Illinois, Fifth District. Judgment reversed and case remanded to the Appellate Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Kennedy. Opinion by Justice Brennan concurring in the judgment. Dis- senting opinion by Justice Marshall.

No. 88-325. American Trucking Associations, Inc., et al., Petitioners v. Maurice Smith, Director, Arkansas Highway and Transportation De- partment, et al. On writ of certiorari to the Supreme Court of Arkan- sas. Judgment affirmed in part, reversed in part and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Justice O'Connor announced the judgment of the Court and delivered an opinion in which the Chief Justice, Justice White, and Justice Kennedy join. Opinion by Justice Scalia concurring in the judgment. Dissenting opinion by Justice Stevens with whom Jus- tice Brennan, Justice Marshall and Justice Blackmun join. No. 8S-1597. Board of Education of the Westside Community

Schools, etc., et al, Petitioners v. Bridget C. Mergens, by and through her next friend, Daniel N. Mergens, et al. On writ of certiorari to the I'nited States Court of Appeals for the Eighth Circuit. Judgment affirmed. Justice O'Connor delivered the opinion of the Court except as to Part III. Opinion by Justice Kennedy concurring in part and concurring in the judgment with whom Justice Scalia joins. Opinion by Justice Marshall concurring in the judgment with whom Justice Brennan joins. Dissenting opinion by Justice Stevens. MONDAY. JUNE 4. 1990 713

No. 88-1775. Gary E. Peel, Petitioner v. Attorney Registration and Disciplinary Commission of Illinois. On writ of certiorari to the Supreme Court of Illinois. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Justice Stevens announced the judgment of the Court and delivered an opinion in which Justice Brennan, Justice Black- mun, and Justice Kennedy join. Opinion by Justice Marshall concurring in the judgment with whom Justice Brennan joins. Dissenting opinion by Justice White. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Scalia join.

No. 88-7164. Terry Brice Horton, Petitioner v. California. On writ of certiorari to the Court of Appeal of California, Sixth Appellate District. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 89-601. Commissioner, Immigration and Naturalization Service, et al., Petitioners v. Marie Lucie Jean, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Stevens.

No. 89-152. Vera M. English, Petitioner v. General Electric Com- pany. 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 Blackmun.

No. 89-393. Harry P. Begier, Jr., etc., Petitioner v. Internal Reve- nue Service. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Marshall. Opinion by Justice Scalia concurring in the judgment.

No. 88-192. McKesson Corporation, Petitioner v. Division of Alco- holic Beverages and Tobacco, Department of Business Regulation of

Florida, et al. On writ of certiorari to the Supreme Court of Florida. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opin- ion by Justice Brennan.

No. 88-1905. Eddie Keller, et al., Petitioners v. State Bar of Califor- nia, et al. On writ of certiorari to the Supreme Court of California. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opin- ion by the Chief Justice. j

714 MONDAY. JUNE 4. 1990 Admissions to the Bar on Oral Motions

Applicant City and State Movant

William A. raaley Locil, Wl bowin Jason Dryer Moiiie Ann omitn Alexandria, VA James Edward Kenkel Joyce rlotniKon London, England, Frances Dianne Biegelmeier Michael 1. bnepnercl unico, uA Maynard Chalmer Craig Bruce M. Kerner North Hollywood, Alice Louise U JJonnell Ronald Percy Slates Los Angeles, CA Alice Louise u JJonnell Mildred Elaine Vannatta Washington, DC Alice Louise "Pifr Illsf c u jjonnen Mark Kocco Antonelli Miami, r L Alice Louise u uonnen Carlos Alberto Enriquez Miami, r L Alice Louise u jjonnen Wayne H. Harrold Jr. unicago, 1L Alice Louise

vj jjonnen

Erin Marie Weber bailey s Alice Louise Crossroads, VA U JJonnell r elicia bmitn w'asnmgton, Ut Alice Louise u jjonnen

Joyce Wills Murray i itus\ me, in Alice Louise u uonnen Ann Giardina Hess Lockport, Ni Alice Louise V JJonnell William D. Hummell New York, NY Alice Louise

AITv 1 1 0 Donnell Joseph Francis Bufogle Tulsa, OK Alice Louise O'Donnell James Roger Henson Shawnee, OK Alice Louise O'Donnell Hilary Andrew Kinal Ambridge, PA Alice Louise O'Donnell MONDAY. JUNE 4. 1990 no

Applicant Citv and State Movant

Robert W. Alberts Costa Mesa, CA Sherman Louis Cohn Richard D. Aldrich Westlake Village, Sherman Louis CA Cohn Susan Addison Blush Newport Beach, Sherman Louis CA Cohn Thomas M. Carnes San Francisco, CA Sherman Louis Cohn Lawrence H. Davidson Newport Beach, Sherman Louis CA Cohn William S. Garr Pasadena, CA Sherman Louis Cohn Coleen Patrice Gillespie Los Angeles, CA Sherman Louis Cohn E. Gerard Mannion San Francisco, CA Sherman Louis Cohn Marian Elizabeth McGuire San Diego, CA Sherman Louis Cohn Edward Warren McGuire San Rafael, CA Sherman Louis Cohn Kenneth Joseph Medel San Diego, CA Sherman Louis Cohn Stephen Michael Moloney Los Angeles, CA Sherman Louis Cohn Terri D. Newman Sacramento, CA Sherman Louis Cohn Rosanne Marie Nolan Los Angeles, CA Sherman Louis Cohn Louis Oneal San Jose, CA Sherman Louis Cohn John M. Poswall Sacramento, CA Sherman Louis Cohn Michael J. Schroeder Irvine, CA Sherman Louis Cohn Kathleen A. Schroeder Irvine, CA Sherman Louis Cohn

Nancv J. Sheehan Sacramento, CA Sherman Louis Cohn 716 MONDAY. JUNE 4. 1990

Applicant City and State Movant

Stephen P. Swinton San Diego, CA Sherman Louis Cohn Robert Anthony Vatuone San Jose, CA Sherman Louis Cohn Marilyn J. Wad Ford New Canaan, CT Sherman Louis Cohn Gary Levaunt Ford New Canaan, CT Sherman Louis Cohn Kevin Francis Brady Wilmington, DE Sherman Louis Cohn James Reginald Case Clearwater, FL Sherman Louis Cohn Ronald Bruce Cohn Tampa, FL Sherman Louis Cohn Vanessa N. Cohn Tampa, FL Sherman Louis Cohn Kirk E. Friedland West Palm Beach, Sherman Louis FL Cohn Andrew Jackson Knight II Jacksonville, FL Sherman Louis Cohn Harry Rein Longwood, FL Sherman Louis Cohn Ann E. Vitunac West Palm Beach, Sherman Louis FL Cohn David Barnett Weinstein Tampa, FL Sherman Louis Cohn Donald G. Thompson Cedar Rapids, IA Sherman Louis Cohn Joan L. Pantsios Waukegan, IL Sherman Louis Cohn William Gerald Schick Rock Island, IL Sherman Louis Cohn George Clifford Barnett Jr. Evansville, IN Sherman Louis Cohn Mark Edward Miller Evansville, IN Sherman Louis Cohn James A. George Baton Rouge, LA Sherman Louis Cohn MONDAY. JUNE 4. 1990 717

Applicant City and State Movant

Myron Andrew Walker Jr. Baton Rouge, LA Sherman Louis Cohn Christopher P. Brown Glen Burnie, MD Sherman Louis Cohn Penelope Sue Dart Gambrills, MD Sherman Louis Cohn William Bevard Dulany Westminster, MD Sherman Louis Cohn T. Patrick Dulany Tysons Corner, Sherman Louis VA Cohn Anthony M. Ventre Rockville, MD Sherman Louis Cohn Timothy D. O'Leary Kansas City, MO Sherman Louis Cohn Lee E. Wells Kansas City, MO Sherman Louis Cohn

Harold I. Braff Livingston, NJ Sherman Louis Cohn Jamie D. Happas Piscataway, NJ Sherman Louis Cohn Deanne Marie Wilson Roseland, NJ Sherman Louis Cohn Ann Marie Maloney Albuquerque, NM Sherman Louis Cohn Catherine Jean Depew Tulsa, OK Sherman Louis Cohn James E. Poe Tulsa, OK Sherman Louis Cohn Thomas R. Schoenenberger Tulsa, OK Sherman Louis Cohn Nancy Jane Siegel Tulsa, OK Sherman Louis Cohn Sue C. Erwin Columbia, SC Sherman Louis Cohn Beecher A. Bartlett Jr Knoxville, TN Sherman Louis Cohn Fred H. Cagle Jr. Knoxville, TN Sherman Louis Cohn 718 MONDAY. JUNE 4. 1990

Applicant City and State Movant

Mary Elizabeth Baker Houston, TX Sherman Louis Bacon Cohn Jay Ellsworth Jensen Salt Lake City, Sherman Louis UT Cohn

Adjourned until Monday, June 11, 1990 at 10 o'clock. (JOURNAL) MONDAY. JUNE 11. 1990 719 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-510. Larry R. Meachum, Commissioner, Connecticut Depart-

ment of Corrections, Petitioner v. Wayne B. Alexander. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals

for the Second Circuit for further consideration in light of Illinois v. Perkins, 495 U.S. (1990).

No. 89-641. Richard Garnett, etc., et al., Petitioners v. Renton School District No. 403, 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 Board of Education of the Westside Community Schools v. Mergens, 495 U.S. (1990). Justice Stevens dissents.

No. 89-1320. Florida, Petitioner v. Charles Lewis Burr. On petition for writ of certiorari to the Supreme Court of Florida. The motion of respondent for leave to proceed infonna pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the

case is remanded to the Supreme Court of Florida for further consideration in light of Dowling v. United States, 493 U.S. (1990). Dis- senting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens. Justice Blackmun dissents.

No. 89-5900. John E. Rust, Petitioner v. Frank O. Gunter, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of Alvin J. Bronstein, Esquire, to withdraw as counsel for the petitioner 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 the representations made 720 MONDAY, JUNE 11, 1990 by counsel for petitioner appointed by the Court in his motion to withdraw as counsel filed May 22, 1990, the response to that motion filed by respondent May 30, 1990, and petitioner's motion for appointment of counsel filed June 4, 1990. The motion of petitioner for appointment of new counsel is denied as moot. Concurring opinion by Justice Stevens.

Orders in Pending Cases

No. D-807. In the Matter of James Cally. It having been reported to the Court that James J. Cally has died, The Rule to Show Cause, heretofore, issued on September 25, 1989, is hereby discharged. No. D-858. In the Matter of Disbarment of John R. Louden. Disbar- ment order entered.

No. D-884. In the Matter of Disbarment of Richard J. Sanna. Disbar- ment order entered. No. D-886. In the Matter of Disbarment of Frank Moses McCann. Disbarment order entered.

No. D-888. In the Matter of Disbarment of Ronald J. Raben. Disbar- ment order entered.

No. D-906. In the Matter of Disbarment of Jonathan Erickson. It is ordered that Jonathan Erickson, of Corning, 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-907. In the Matter of Disbarment of Irvin F. Richman. It is ordered that Irvin F. Richman, 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-908. In the Matter of Disbarment of Bernard S. Neistein. It is ordered that Bernard S. Neistein, 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-909. In the Matter of Disbarment of Clyde P. Martin, Jr. It is ordered that Clyde P. Martin, Jr., of New Orleans, Louisiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-910. In the Matter of Disbarment of Fredric Fedje Hendrick- son. It is ordered that Fredric Fedje Hendrickson, of Sioux Falls, MONDAY, JUNE 11. 1990 721

South Dakota, 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-911. In the Matter of Disbarment of John M. Badalian. It is ordered that John M. Badalian, of Shaker Heights, 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. 89-907. County of Los Angeles and Ronald Black, Commander of the Los Angeles County Men's Central Jail, Petitioners v. Josefina Cabrales. The motion of respondent for award of attorneys' fees is denied without prejudice to renewal of the motion in the United States District Court for the Central District of California.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. Further consideration of the motion of respondents American Train Dispatchers' Association, et al. to dismiss is de- ferred for 120 days. Further briefing in this case is suspended for 120 days.

Appeal—Jurisdiction Noted

No. 88-1847. Ford Motor Credit Company, Inc., Appellant v. De- partment of Revenue, State of Florida. Appeal from the District Court of Appeal of Florida, First District. In this case probable jurisdiction is noted.

Certiorari Granted

No. 89-680. James B. Beam Distilling Company, Petitioner v. Geor- gia, et al. Petition for writ of certiorari to the Supreme Court of Geor- gia granted.

No. 89-1217. James P. Lehnert, et al., Petitioners v. Ferris Faculty

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

No. 89-1436. United States, Petitioner v. R. Enterprises, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. 722 MONDAY. JUNE 11. 1990

No. 89-1646. United States, et al., Petitioners v. Marcus S. Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Certiorari Denied

No. 89-1326. Nancy Crowder, Individually and as Independent Ex- ecutrix of the Estate of James Ralston Crowder, Petitioner v. Ken Sinyard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1378. Avram Macy Klavan, Petitioner v. Garrie Joan Klavan. Petition for writ of certiorari to the Supreme Judicial Court of Massa- chusetts denied.

No. 89-1405. Edward Temengil, et al., Petitioners v. Trust Territory of the Pacific Islands, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1461. Gilmore Steel Corporation, dba Oregon Steel Mills,

Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1462. Thomas M. Haas, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1471. Sidney R. Bell and Scott J. Ziebarth, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1476. Seattle-First National Bank, 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. 89-1486. Albert E. Ackroyd, Petitioner v. Federal Deposit In- surance Corporation, as Receiver for Indian Springs State Bank. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 89-1518. Kenneth G. M. Mather, Trustee of the Estate in Bank- ruptcy of M. Frank Watson, et al, Petitioners v. Bill Weaver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 89-1602. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. JUNE 11, 1990 723

No. 89-1606. Model Magazine Distributors, Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1618. Buckley Broadcasting Corporation of California, dba

Station KKHI, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1619. Ray Raft, aka Farokh R. Rafatdjah, Petitioner v. Cali- fornia. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied.

No. 89-1625. City of Burlington, et al., Petitioners v. Mark Kaplan, James S. Glazier and Robert E. Senghas. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1628. Wanda Laverne Sheffield, Petitioner v. Johnson Seed Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1631. Curtis L. Wrenn, Petitioner v. Nicholas J. Walinski, Judge, United States District Court for the Northern District of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89^1637. Thomas E. Schindelar, Petitioner v. Zenon Zawadzki, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-1644. Thomas E. Taylor, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-1645. M. Mark Mendel, et al., Petitioners v. Marc I. Silver. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1653. Kenneth V. Hemmerle, Petitioner v. Bramalea, Inc., fka Bramalea Development U.S., Ltd. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 89-1665. Timothy Kirkland, Petitioner v. Northside Independ- ent School District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1689. John P. O'Malley, et al., Petitioners v. Patrick H.

O'Neill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 724 MONDAY. JUNE 11. 1990

No. 89-1694. Dura-Corp., Petitioner v. STS D'Appolonia, Ltd. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1713. Earl Keith Lindell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1748. Oregon Natural Resources Council, Petitioner v. David

Mohla, Supervisor, Mt. Hood National Forest, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1753. Darryl C. Gardner, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1767. Chester A. Wilk, et al, Petitioners v. Joint Commis- sion on Accreditation of Hospitals, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 89-1785. Lyndon H. LaRouche, Jr., William Wertz, Edward Spannaus, Michael Billington, Dennis Small, Paul Greenberg and Joyce

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

No. 89-6581. Rex Alan Vincent, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 89-6715. Terry Kent Ringstaff, Petitioner v. Dale Howard, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6757. Robert Lee Boles, Jr., Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-6795. Andrew McCarter, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-6832. Keith Crawford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6872. Brian Michael Daly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-6927. James Joseph Owens-El, Petitioner v. Jerry O'Brien, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. JUNE 11. 1990 725

No. 89-6964. Rhonda M. Arterburn, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6986. Dan C. Alexander, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6990. Juan Herrero and Armando N. Martinez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7003. Ralph Clemmons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7087. Jirik Parez, Petitioner v. State Bar of California, et al. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-7210. John Robert Demos, Petitioner v. United States Dis- trict Court for the Eastern District of Washington; and John Robert

Demos, Jr., Petitioner v. United States District Court for the Eastern District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7222. Stanley Joseph Callis, Petitioner v. Edward W. Mur- ray, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7223. Ben Anderson, Petitioner v. Terry L. Morris, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7224. Damon Henry Downs, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7225. Arlington Leon Brown, Petitioner v. Chris Hughes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7226. Derrick Cooper, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 726 MONDAY. JUNE 11. 1990

No. 89-7229. Ricardo Quintanilla, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-7230. Paul Perveler, Petitioner v. San Luis Obispo County Superior Court. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-7232. Diane Ritzie, Petitioner v. 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. 89-7233. Larry Turner, Petitioner v. Robert Kirkland, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7235. David Peterson, Petitioner v. Robert Tansy, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7239. Abdul Wakil Amiri, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7250. Jerry Wiley, Petitioner v. Betty McGriff. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 89-7258. Alphonso Scott, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7262. Johnny Ray Bagby, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7264. Dennis Van Straten, Petitioner v. Milwaukee Journal Newspaper Publisher, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 89-7273. George Jackson, et ux., Petitioners v. Gwendolyn Dixon-Bookman. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-7285. Robert M. Cochran, Petitioner v. C. A. Turner, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7295. Christopher Leecan, Petitioner v. Raymond Lopes, Commissioner of Correction of Connecticut. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. JUNE 11. 1990 727

No. 89-7297. John Crawford Crow, Petitioner v. Tom Smith, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-7312. Rickie A. Cochrane, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7377. Warren Wexler, Petitioner v. Department of the Inte- rior. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7378. Flora Grace Dozier, Petitioner v. Department of Edu- cation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7386. Jerome Washington, Petitioner v. Thomas Coughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7388. Rick Lee Archer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7392. Carl E. Gray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7393. David Ross Delap, Sr., Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7397. Mary Louise Carter Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7403. Stella Ware, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7408. Carolyn Walker Saturley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7409. Timothy Don Ware, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7412. Gregory Joseph Roache, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 728 MONDAY. JUNE 11. 1990

No. 89-7421. Herman Goodalle, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7433. Wayne Thomas Dowdy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7437. Federico Gonzalez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7438. Charles Colbert and Jack M. Colbert, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7441. Otto Barroso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7448. Victor Alvin McCollin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7462. Devon Clarke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7463. Herman Padilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7465. Steve Alan Daniels, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7485. Johnny Ray Roberts, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1300. Timothy Smith, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the judgment of conviction.

No. 89-1609. Territory of Guam, Petitioner v. Irvin Ibanez; and Ter- ritory of Guam, Petitioner v. Ramon Aldan Castro; and Territory of

Guam, Petitioner v. Pedro V. Dalmal; and Territory of Guam, Peti- tioner v. Norbert Botelho. The motion of respondent Ibanez for leave to MONDAY. JUNE 11. 1990 729 proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1623. Charles F. Gardner, Petitioner v. Newsday, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Brennan, Justice White and Justice Blackmun would grant certiorari.

No. 89-1627. Deirdre V. Batch, Petitioner v. Town of Chapel Hill,

North Carolina. The motion of Pacific Legal Foundation for leave to file a brief as amicus curiae is granted. The motion of National Association of Home Builders for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 89-1651. Eugene D., minor, by and through his mother and next friend, Olivia D., Petitioner v. John R. Karman, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Blackmun would grant certiorari.

No. 89-6223. Lawrence Sigmond Bittaker, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6886. Luis Ruiz, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7056. Ricky Don Blackmon, 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. 89-7201. Charles Troy Coleman, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7253. Edward Lee Elmore, Petitioner v. South Carolina. Pe- tition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7275. Phillip McCollum, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7289. Sean Patrick Merrill, Petitioner v. Minnesota. The motion of Minnesota Civil Liberties Union for leave to file a brief as ami- mis curiae is granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied. 730 MONDAY, JUNE 11. 1990 Mandamus Denied

No. 89-7268. In Re Clovis Carl Green, Jr.; and No. 89-7313. In Re Clovis Carl Green, Jr. The petitions for writs of mandamus are denied. Rehearings Denied

No. 89-1376. Earlene Polyak, Petitioner v. Frank Hulen, et al.; and

Earlene Polyak v. Frank Hulen, et al.;

No. 89-1407. Misty Dawn Davis, etc., Petitioner v. Kentucky Fi- nance Companies Retirement Plan, et al.;

No. 89-5855. Gordon Rashe, Petitioner v. William W. Schwarzer;

No. 89-6431. Jesse Lee Morrison, Petitioner v. Alabama;

No. 89-6500. Terrance Boudreau, Petitioner v. Waylon B. Collins,

Superintendent, Moore Correctional Institution, et al.;

No. 89-6725. Eunice Justice, Petitioner v. City of Columbus, et al.;

No. 89-6745. Bobby Tarver, Petitioner v. Alabama;

No. 89-6760. Melchor R. Jayme, Petitioner v. Board of Veterans Ap- peals, et al.;

No. 89-6770. Ana Leon T., Petitioner v. Federal Reserve Bank of

Chicago, et al.;

No. 89-6826. Richard Simon, Petitioner v. Bethlehem Steel Corpora- tion, et al.;

No. 89-6828. Moshe Rotman, Petitioner v. Worcester Police Depart- ment, et al.; No. 89-6839. In Re James L. Martin, Petitioner;

No. 89-6844. Edward J. Brennan, Jr., Petitioner!'. Edward J. Bren- nan, III, et al.;

No. 89-6854. Carolyn Ruth Sanford, Petitioner v. Alameda Contra

Costa Transit District, et al.;

No. 89-6894. Eunice Justice, Petitioner v. Marian Reda, et al.;

No. 89-6934. C. Jesse Weekly, Petitioner v. William R. Story, War- den, et al.;

No. 89-7001. Angel Diaz, Petitioner v. United States, et al.; and

No. 89-7013. Edward Lawrence, Petitioner v. Texas Employment Commission. The petitions for rehearing are denied.

No. 89-1252. Gene Basalyga, et al., Petitioners v. Pennsylvania, et al. The petition of Vicki Wittenbreder for rehearing is denied. The petition of Gene Basalyga for rehearing is denied. MONDAY. JUNE 11. 1990 731 Recess Order

The Court will take a recess from Thursday, June 14, 1990, until Monday, June 18, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Vircrinifi X I dilLlc .T\.l_lldlIipUIlg v ix guiia XJCdv-ii,Rpaoh XvdT"?nvmnnr]V HlUllLl AlAlvin\ 111 VA .Tafk^on

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C H Rrorkptt Jr Midland TX XFranklin1 CUlXvlllJ XX.r-T McCallum tJUllll V^lCUlClll XJl ULXVlt; VV luZ. 1VXUU11C,Mnhilp t\l-tAT, V/iii iblUJJllci Knight

Pnhprt1VUUCI L DpGrnffX_/ C VJ1 Uil RnlklpvXJ U1A1C > til.Tr XPortland UI lld.HU, OPv/XV XJdlllC O . llCl UUiU

1 A T3y>nn t v*r*i 1 1 Vi rx. JJlcIlL KjcLLllllliP a VV UUUldllU Xllllb, -UcillLfc: XldUUlA CA

A in <; worth NF, Patricia Ailppn WilliamTV llll&ill RJ-J . CasselVw'dOCCl nillo VvVJILLI, XI J i X CXLL HwlCl niiccii

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Darlpnp M Fhprt X^CIivCl, V_y v_/ StanOLdll Mi»X. OlidlSharoffUll Rotrer Lvle Fishell Sarasota FL Isidore Kirshenbaum William Michael Frazier Huntington, WrV Selden Spessard McNeer, Jr. Thomas Patrick Freydl Bloomfield Hills, Patrick E. MI Hackett Daniel Richard Fusco Chicago, IL Philip Joseph Rock John M. Gallagher Jr New Orleans, LA Dee Alphonso Strickland Jr. Robert G. Gait III Miami, FL Jeffrey Allen Tew Nina Jean Ginsberg Alexandria, VA Michael S. Lieberman 732 MONDAY. JUNE 11. 1990

Applicant City and State Movant

Earle Giovanniello Brooklyn, NY Joseph Giovanniello Jonathan R. Haden Kansas City, MO John Townsend Maughmer Joseph Ernest Hallock Gillette, WY Alan Kooi Simpson

Lawrence Burlison Hannah Bellevue, WA David J. Burman Edward George Harris Milwaukee, WI Michael F. Hupy Jeffrey N. Herren Lakewood, CO Samuel J. Owen Patricia Dean Hilsinger Philadelphia, PA Maria Parisi Vickers

Chester A. Janiak Boston, MA Peter J. Schneider Daniel Nicholas Janich Chicago, IL Donald Harold James Hermann Carolyn Ann Killea Washington, DC Palma Ruth Yanni David W. Lindemood Midland, TX Franklin H. McCallum Daniel B. Linebaugh Baytown, TX Glenn Vickery Bruce D. Lombardo Philadelphia, PA Robert D. Thompson Gregoria Lopez Rochester, NY Donna Ann Humphrey Christopher DuPont Baton Rouge, LA Keith Robert Matchett Anderson Melody L. McCoy Boulder, CO Yvonne T. Knight Roderick R. McKelvie Wilmington, DE Lawrence S. Drexler James Ogden Middleton II Alexandria, LA Thomas Kimball Brocato Gerald L. Morel Chicago, IL Jerrold Evan Fink Steven George Noles Fort Payne, AL John W. Cooper James A. Nugent Hamden, CT David M. Lesser Sampson Oliver Jr. Decatur, GA Harris Clemon Bostic Arthur Pelikow New York, NY John A. Cannistraci

John Martin Potwin Houston, TX J. Paul McGrath MONDAY. JUN'E 11. 1990 733

Applicant City and State Movant

Ester M. Moreno Ruiz San Sebastian, PR Jose Manuel Cruz Ellis Jerrold Edward Jackson, MI Joseph S. Filip Schrotenboer Robert Allen Schutzman Queens, NY Paul Eugene Kerson Richard Loren Stanley Houston, TX Marion T. Bennett Richard S. Sternberg Potomac, MD Marvin M. Klein

Opinions

No. 88-1943. Office of Personnel Management, Petitioner v. Charles Richmond. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Concurring opinion by Jus- tice White with whom Justice Blackmun joins. Opinion by Justice Ste- vens concurring in the judgment. Dissenting opinion by Justice Mar- shall with whom Justice Brennan joins.

No. 89-275. Cooter & Gell, Petitioner v. Hartmarx Corporation, et al. On petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit. Judgment affirmed in part, reversed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Stevens concurring in part and dissenting in part.

No. 89-542. Rudy Perpich, Governor of Minnesota, et al., Petitioners

v. Department of Defense, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Stevens. No. 89-5383. Mark Howlett, a minor, by and through Elizabeth

Howlett, his mother, natural guardian and next friend, Petitioner v. Scott Rose, as Superintendent of Schools for the Pinellas County, Flor- ida, et al. On writ of certiorari to the District Court of Appeal of Flor- ida. Second District. Judgment reversed and case remanded to the Dis- trict Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Stevens.

No. 89-789. Alabama, Petitioner v. Vanessa Rose White. On writ of certiorari to the Court of Criminal Appeals of Alabama. Judgment reversed and case remanded to the Court of Criminal Appeals for further 734 MONDAY. JUNE 11. 1990 proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Stevens with whom Jus- tice Brennan and Justice Marshall join.

No. 89-1433. United States, Appellant v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler. Appeal from the United States Dis- trict Court for the District of Columbia; and

No. 89-1434. United States, Appellant v. Mark John Haggerty, Car- los Garza, Jennifer Proctor Campbell and Darius Allen Strong. Appeal from the United States District Court for the Western District of Washington. Judgments affirmed. Opinion by Justice Brennan. Dis- senting opinion by Justice Stevens with whom the Chief Justice, Justice White and Justice O'Connor join.

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Daniel W. Dooher Arlington, VA Judge Walter Thompson Cox II Daniel Michael Baker Marlton, NJ David Baker Charlotte Katherine Gaal Cherry Hill, NJ Stephen M. Orlofsky T Roy F. Kaufman Oceanside, NY W illiam J. Lewis Vincent Santangelo Syosset, NY William J. Lewis Joseph Allen Neurauter Athens, GA Walter K. Myers Timothy Joseph Saviano Chicago, IL Walter K. Myers Jody Mailand Prescott Groton, NH Walter K. Myers Maria C. Fernandez New York, NY Walter K. Myers T Horst G. Greczmiel North Plainfield, W alter K. Mvers NJ Henry F. Acchione Jr Cherry Hill, NJ Charles M. Rand Stuart M. Address Haddonfield, NJ Charles M. Rand Keith Larson Anderson Cherry Hill, NJ Charles M. Rand Joseph G. Antinori Pennsauken, NJ Charles M. Rand Brian S. Belson Woodbury, NJ Charles M. Rand Michael Anthony Cherrv Hill, NJ Charles M. Rand Bonamassa Fredric L. Bor Philadelphia, PA Charles M. Rand MONDAY. JUNE 11. 1990 735

Applicant City and State Movant

Mary C. Brennan Cinnaminson, NJ Charles M. Rand Robin D. Buser Mt. Holly, NJ Charles M. Rand Kevin J. Coffey Philadelphia, PA Charles M. Rand David Kevin Cuneo Westmont, NJ Charles M. Rand Michael G.B. David Cherry Hill, NJ Charles M. Rand Barbara J. Davis Marlton, NJ Charles M. Rand Ronald DeSimone Mt. Laurel, NJ Charles M. Rand Padraic B. Deighan Cherry Hill, NJ Charles M. Rand Michael Stephen Di Croce Philadelphia, PA Charles M. Rand Kevin Robert Dochney Haddon Charles M. Rand Township, NJ Henry Lawrence Doner Cherry Hill, NJ Charles M. Rand David Donald Duffin Atco, NJ Charles M. Rand Carol Ann Fabietti Gibbsboro, NJ Charles M. Rand Rhonda R. Feld Cherry Hill, NJ Charles M. Rand Bryan D. Feldscher Voorhees, NJ Charles M. Rand Thomas Francis Flynn III Cherry Hill, NJ Charles M. Rand Barbara A. Frasco Westmont, NJ Charles M. Rand Richard Alan Isolda Riverside, NJ Charles M. Rand William J. Markwardt Atlantic City, NJ Charles M. Rand Paula A. Martin Medford, NJ Charles M. Rand Burchard S. Martin Medford, NJ Charles M. Rand Richard S. Mroz Haddonfield, NJ Charles M. Rand Emil John Nell IV Haddon Charles M. Rand Township, NJ Nona L. Ostrove Atlantic City, NJ Charles M. Rand Cindy Beth Perry Cherry Hill, NJ Charles M. Rand Peter M. Rhodes Haddonfield, NJ Charles M. Rand Mark Rudolph Sander Lanoka Harbor, Charles M. Rand NJ Glen-David Schwarzschild Cherry Hill, NJ Charles M. Rand Morris Gray Smith Lawnside, NJ Charles M. Rand Jaffa F. Stein Haddonfield, NJ Charles M. Rand

Craig W. Summers Turners ville, NJ Charles M. Rand Andres Vega Marlton, NJ Charle M. Rand Louise Ann Watson Marlton, NJ Charles M. Rand Salvatore A. Zerbo Cherry Hill, NJ Charles M. Rand 736 MONDAY. JUNE 11. 1990

Applicant City and State Movant

Peter Frank Gedraitis Washington, DC William H. Clarke Joseph Tramuta Jr Waterbury, CT William H. Clarke

TT 1 1 TTT Ethan David Brendan Honolulu, HI William H. Clarke Abbott

TT 1 1 TTT "TT 7*11 ' TT Sheila Soi Heong Sue Honolulu, HI William H. Clarke TTriT John Foy Lord Washington, DC William H.TT Clarke John Christopher Hanrahan Gaithersburg, MD William"TT7M1 ' H.TT Clarke

TT! TTT*11 " Matthew Shawn Vickery SleepyOl _ Eye, MNTV/TXT William H.TT Clarke

i . „1 ^ \TTT TTT'IV TT Omer C. Ahern Jr Charlestown, NH William H. Clarke O x ATT TT7'1T TT Joseph Martuccio Canton, OH William H. Clarke

/--I i j j AT) TTfll" TT Keith Staunton Davidson Gladstone, OR William H. Clarke James Alan Pikl Dallas, TX William H. Clarke Stephen Lee Taylor Houston, TX William H. Clarke Charles Louis Thoeming Dallas, TX William H. Clarke Jon David Becker Virginia Beach, William H. Clarke VA Alexander McDonald Alexandria, VA William H. Clarke Laughlin Kevin Charles Brodar Cleveland, OH William H. Clarke Philip S. Brook Jr Spokane, WA William H. Clarke Eric Marshall Butterworth Kennewick, WA William H. Clarke Brian Walter Chance Lowell, MA William H. Clarke Raymond F. Clary Spokane, WA William H. Clarke Dennis Charles Anthony Spokane, WA William H. Clarke Cronin Garth Louis Dano Moses Lake, WA William H. Clarke John Thomas Day Stevenson, WA \T7"H"William^ H.TT Clarke Howard Francois Delaney Spokane, WA William H. Clarke Thomas Richard Golden Seattle, WA William rl. Ularke TT7'1V TT Phelps R. Gose Spokane, WA William H. Clarke

O 1 IT T A T T 7 I 1 • „^ TT David M. Grant Spokane, WA William H. Clarke

1 • O ~ 1 _ TTT A tt 7; 1 .. TT Joseph Benjamin Green Spokane, WA William H. Clarke John Bonner Hancock Spokane, WA WilliamWilliam n.U uiarKe Steven J. Jager Seattle, WA William H. Clarke Michael John Killeen Seattle, WA William H. Clarke Robert H. Leeds Jr Spokane, WA William H. Clarke Kenneth W. McCarthy Jr. Puyallup, WA William H. Clarke MONDAY. JUNE 11. 1990 737

Applicant City and State Movant

Chris Alan Montgomery Colville, WA William H. Clarke Joseph Charles Murphy Toppenish, WA William H. Clarke Mary Beth Socha Nehercutt Spokane, WA William H. Clarke Wesley A. Nuxoll Colfax, WA William H. Clarke Donald Alan O'Neill Spokane, WA William H. Clarke Kermit M. Rudolf Spokane, WA William H. Clarke Peter S. Schweda Spokane, WA William H. Clarke Dennis Joseph Sweeney Pasco, WA William H. Clarke James M. Vache' Spokane, WA William H. Clarke Robert K. Waitt Seattle, WA William H. Clarke Pamela Rose Resnick Milwaukee, WI William H. Clarke Carol L. Brennecke Washington, DC Solicitor General Kenneth Winston Starr William Geoffrey Anderson Washington, DC Solicitor General Jr Kenneth Winston Starr Mary E. Evans Washington, DC Solicitor General Kenneth Winston Starr Ellen C. Ginsberg Washington, DC Solicitor General Kenneth Winston Starr Jeffrey Weller Jacobs Arlington, VA Solicitor General Kenneth Winston Starr Kenneth G. Jaffe Washington, DC Solicitor General Kenneth Winston Starr Kathy Lanita John Arlington, VA Solicitor General Kenneth Winston Starr Joanne T. Medero Arlington, VA Solicitor General Kenneth Winston Starr G. Godwin Ovewole Washington, DC Solicitor General Kenneth Winston Starr 738 MONDAY. JUNE 11. 1990

Applicant Citv and State Movant

Milton L. Smith III Washington, DC Solicitor General Kenneth Winston Starr Cheryl Joel VanOver Washington, DC Solicitor General Kenneth Winston Starr Michael Phillip Morton Wilmington, DE Solicitor General Kenneth Winston Starr David Russell Carlisle Miami, FL Solicitor General Kenneth Winston Starr Gerald Alan Gallion Washington, DC Solicitor General Kenneth Winston Starr Mark Francis Aiello Harvard, IL Solicitor General Kenneth Winston Starr Lawrence Rav Carmichael Somerset, KY Solicitor General Kenneth Winston Starr Marv S. Johnson New Orleans, LA Solicitor General Kenneth Winston Starr Joseph Leroy Spilman III New Orleans, LA Solicitor General Kenneth Winston Starr Kevin Mark Wheeler New Orleans, LA Solicitor General Kenneth Winston Starr Thomas Michael Sebastian Hvannis, MA Solicitor General Grimmer Kenneth Winston Starr Patricia Rvan Collins Washington, DC Solicitor General Keneth Winston Starr Andrew William Naden Baltimore, MD Solicitor General Kenneth Winston Starr MONDAY. JUNE 11. 1990 739

Applicant City and State Movant

Charles Lurman Scott Jr Elkton, MD Solicitor General Kenneth Winston Starr Dwight Hall Sullivan Silver Spring, MD Solicitor General Kenneth Winston Starr Patricia L. VanDenBroeke Washington, DC Solicitor General Kenneth Winston Starr Richard Terrell Starrett Jackson, MS Solicitor General Kenneth Winston Starr Terrie Marie Gent Doylestown, OH Solicitor General Kenneth Winston Starr Peter Rodney Badger Springfield, VA Solicitor General Kenneth Winston Starr Joyce M. Deitering-Savory Dayton, OH Solicitor General Kenneth Winston Starr Charles Robert Emrick Jr Cleveland, OH Solicitor General Kenneth Winston Starr Paul Richard Gaudin Cleveland, OH Solicitor General Kenneth Winston Starr Charlotte M. Donahue Philadelphia, PA Solicitor General Kenneth Winston Starr Dolores L. Keegan Philadelphia, PA Solicitor General Kenneth Winston Starr Virginia R. Powel Philadelphia, PA Solicitor General Kenneth Winston Starr Cheryl Ann Perrine Rollins Philadelphia, PA Solicitor General Kenneth Winston Starr 740 MONDAY. JUNE 11, 1990

Applicant Citv and State Movant

Robert Glenn Rothstein Philadelphia, PA Solicitor General Kenneth Winston Starr Reginald L. Sydnor Bryn Mawr, PA Solicitor General Kenneth Winston Starr Roger Elliot Goodman Cranston, RI Solicitor General Kenneth Winston Starr Deny Harper Nashville, TN Solicitor General Kenneth Winston Starr Richard Kevin Mclnnis Houston, TX Solicitor General Kenneth Winston Starr Leonard Ray Rippey Nashville, TN Solicitor General Kenneth Winston Starr Stephen Mark Schlacks The Woodlands, Solicitor General TX Kenneth Winston Starr James Allen Hoffman II McLean, VA Solicitor General Kenneth Winston Starr Clive R.G. O'Grady Washington, DC Solicitor General Kenneth Winston Starr

Adjourned until Thursday, June 14, 1990 at 10 o'clock. (JOURNAL) THURSDAY. JUNE 14. 1990 741 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice Scalia, and Justice Kennedy.

Opinions

No. 87-2048. Texaco Inc., Petitioner v. Ricky Hasbrouck, dba Rick's

Texaco, et al. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Ste- vens. Opinion by Justice White concurring in the result. Opinion by Justice Scalia concurring in the judgment with whom Justice Kennedy joins.

No. 89-369. General Motors Corporation, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Blackmun.

No. 88-2043. L. Douglas Wilder, Governor of Virginia, et al., Peti- tioners v. Virginia Hospital Association. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by the Chief Justice with whom Justice O'Connor, Justice Scalia, and Justice Ken- nedy join.

No. 88-1897. Michigan Department of State Police, et al., Petitioners v. Rick Sitz, et al. On writ of certiorari to the Court of Appeals of Michi- gan. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice. Opinion by Justice Blackmun concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join as to Parts I and II.

No. 89-535. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Elizabeth Stroop, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Dissenting opinion by Justice Blackmun with whom Jus- 742 THURSDAY. JUNE 14. 1990 tice Brennan and Justice Marshall join. Dissenting opinion by Justice Stevens.

Adjourned until Monday, June 18, 1990 at 10 a.m. x (JOURNAL) SATURDAY. JUNE 16. 1990 743 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-901. John Edward Swindler, Applicant v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) MONDAY, JUNE 18. 1990 745 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-1221. Michigan, Petitioner v. Terrance Moore. On petition for writ of certiorari to the Court of Appeals of Michigan. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals of Michigan for further consideration in light of Horton v. California, 496 U.S. (1990). No. 89-1701. Ronald Masters, Petitioners Daniel International Cor- poration. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of English v. General Electric Compa?iy, 496 U.S. (1990).

Orders in Pending Cases

No. — . Earlene Polyak, Petitioner v. Thomas Stack, et al. The motion to direct the Clerk to docket an appeal from the United States Dis- trict Court for the Middle District of Tennessee is denied.

No. — . Eddie William Finney, Petitioner v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted. No. A-875. Phillip Seelig, President of the Correction Officers

Benevolent Association of the City of New York, et al. Applicants v. , Richard J. Koehler, Correction Commissioner of the City of New York, et al. The application for stay of enforcement of random urinalysis drug- testing program presented to Justice Marshall and by him referred to the Court is denied. No. D-872. In the Matter of Disbarment of Thomas M. Joyce. Dis- barment order entered. 746 MONDAY, JUNE 18. 1990

No. D-877. In the Matter of Disbarment of Jack B. Solerwitz. Dis- barment order entered.

No. D-880. In the Matter of Disbarment of Hesper A. Jackson, Jr. Disbarment order entered.

No. D-890. In the Matter of Disbarment of Mac W. Hancock, III. Disbarment order entered.

No. D-893. In the Matter of John Lewis Aulvin. John Lewis Aulvin, of Mount Carmel, Illinois, 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 April 23, 1990, is hereby discharged.

No. D-896. In the Matter of Charles B. Johnson. Charles B. Johnson, of Pasadena, 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 April 23, 1990, is hereby discharged.

No. D-912. In the Matter of Disbarment of Frederick Brockmeier,

IV. It is ordered that Frederick Brockmeier, IV, of Southgate, Ken- tucky, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1283. Arcadia, Ohio, et al., Petitioners v. Ohio Power Com-

pany, et al. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1667. Jay Palmer, et al., Petitioners v. BRG of Georgia, Inc.,

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

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana. The motion of American Psychiatric Association, et al. for leave to participate in oral argument as amici curiae and for divided argument is denied.

No. 89-7063. Burton R. Landes, Petitioner v. Robert H. Joost. The

motion of petitioner for leave to proceed i?i forma pauperis is denied.

Petitioner is allowed until July 9, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Mar- shall and Justice Stevens, dissenting: For the reasons expressed in MONDAY. JUNE IS. 1990 747

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

No. 89-7300. Arthur Britton, Sr., Petitioner v. Central Bank. The motion of petitioner for leave to proceed in forma pauperis is denied.

Petitioner is allowed until July 9, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

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

Certiorari Granted

No. 89-1330. International Organization of Masters, Mates & Pilots, et al., Petitioners v. Timothy A. Brown. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 89-1671. City of Columbia and Columbia Outdoor Advertising,

Inc. , Petitioners v. Omni Outdoor Advertising, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 89-1793. United States, Petitioner v. Thomas M. Gaubert. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 89-1474. McDermott International, Inc., Petitioner v. Jon C. Wilander. Petition for writ of certiorari to the United States Court of

Appeals for the Fifth Circuit granted limited to Question 1 presented by the petition.

No. 89-1679. Summit Health, Ltd., et al, Petitioners v. Simon J. Pin-has. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted limited to Question 1 presented by the petition.

No. 89-7370. Moshe Gozlon-Peretz, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is granted. Tin- petition for a writ of certiorari to the United States Court of Ap- peals for the Third Circuit granted limited to the following question: Whether the mandatory minimum terms of supervised release required by the Anti-Drug At)use Act of 1986 became effective for offenses committed on or after the date of enactment, October 27, 1986. 748 MONDAY. JUNE 18. 1990 Certiorari Denied

No. 89-469. William F. Jennings, Individually and as Next Friend of

Naomi Jennings, a Minor, Petitioner v. Joshua Independent School Dis- trict, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-682. Colorado Department of Social Services, et al., Petition- ers v. AMISUB (PSD, dba AMI St. Luke's Hospital, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1078. Robert Casey, Governor of Pennsylvania, et al., Peti- tioners v. West Virginia University Hospitals, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 89-1104. Alcan Foil Products Division of Alcan Aluminum Cor- poration, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1148. Janice Edmonson Duthu, et al., Petitioners v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1305. Charles Ben Howell, et al., Petitioners v. Supreme

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

No. 89-1360. Allan DeVore, Petitioner v. Stephen R. Kerr, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 89-1396. Southern Pacific Transportation Company, Petitioner v. William David Evans. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1464. George Noble, Petitioner v. Tennessee Valley Author- ity. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1484. Investment Company Institute, Petitioner v. Securities and Exchange Commission;

No. 89-1502. American Stock Exchange, Inc., et al., Petitioners v.

Chicago Mercantile Exchange, et al.; and

No. 89-1503. Philadelphia Stock Exchange, Inc., Petitioner v. Chi- cago Mercantile Exchange, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. JUNE 18. 1990 749

No. 89-1501. National Federation of Federal Employees, et al.. Peti-

tioners v. Richard B. Cheney, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1549. Frank Lee, Larry A. Schoenborn, John Molendyk, Ir-

ving W. Potter, John Rowell and Thomas Wolf, Petitioners v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1550. Jerry C. Pendergrass, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Tennes- see, Eastern Division, denied.

No. 89-1563. Hank Williams, Jr., et al., Petitioners v. Cathy Yvonne Stone. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-1572. Gene P. Dennison, Dana B. Wilkerson, Jr., and Thomas

C. Herrmann, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1630. Louis Solaro, Petitioner v. Monica Casalinova. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 89-1652. North Valley Baptist Church, Petitioner v. Linda Mc- Mahon, Director, California Department of Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1655. Larry Phillips, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 89-1657. Duane Joseph Tillimon, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied.

No. 89-1658. James M. Dombroski, Petitioner v. George Peabody, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1670. Gloria E. Soto, Petitioner v. New Jersey, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-1676. Bertha Patecek Von Schneidau, Petitioner v. Phyllis

Long, et al. Petition for writ of certiorari to the Court of Appeal of Lou- isiana, First Circuit, denied. 750 MONDAY. JUNE 18. 1990

No. 89-1678. Tuller-Park Avenue, Ltd., Petitioner v. City of De- troit. Petition for writ of certiorari to the Circuit Court of Michigan, Wayne County, denied.

No. 89-1680. Trustees of Boston University, Petitioner v. Julia Pre- \vitt Brown. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1682. Alan J. Stalheim, Petitioner v. Albert Lea Medical Sur- gical Center, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1684. Lynda Kruso, et al., Petitioners v. ITT Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1685. Michigan, Petitioner v. Robert Alan Grzegorczyk. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 89-1686. Schwegmann Giant Super Markets, et al., Petitioners v. Buddy Roemer, Governor of Louisiana, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 89-1693. John E. Norton, Petitioner v. Paul C. Nicholson, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-1699. Robert D. Hamm, et al., Petitioners v. Dennis Norred, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-1727. Deborah Jean Sapia, Petitioner v. Charter Marketing

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

No. 89-1729. Ronald Tapp, Petitioner v. Anthony M. Frank, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1745. Jerry Wayne Eanes, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-1768. John S. Shipley, et ux., Petitioners v. First Federal Savings and Loan Association of Delaware, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1777. Leandro Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JUNE 18, 1990 751

No. 89-1780. Robert DeBonis, Petitioner v. Richard Corbisiero, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-1801. Eduardo Arocena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-1805. James Terry Williamson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6444. Bruce A. Quarles, Petitioner v. Paula Lappe, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-6735. Harold C. Medeiros, Petitioner v. Edwin Shimoda, Ad- ministrator, Oahu Community Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6758. Christopher Smith, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 89-6780. MacArthur Martin Bryant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-6848. Heroel Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6906. John J. McCarthy, Petitioner v. Warden, State Prison. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-6919. Richard Timmons, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 89-6933. Mark B. Mumley, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 89-6965. Alfred Sweeney, Petitioner v. John Doe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-7030. Dennis Lee Musgraves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 752 MONDAY. JUNE 18. 1990

No. 89-7038. John Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7062. Ethel Mae Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7071. Leon Hudson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7108. Frank Barbaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7110. Theodore C. Knapp, Petitioner v. Herbert Maschner, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-7134. Dwight Steven Barry, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7203. Domenic Angelo DeLuca, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7245. Daniel Hernandez, Petitioner v. Municipal Court of the Los Angeles Judicial District. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-7259. Nicholas E. Fluker, Jr., Petitioner v. J. R. Townsend. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-7261. Bruce Quarles, Petitioner v. Edward Bradley, Presi- dent Judge of the Common Pleas Court of Philadelphia County. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7266. Michael Sindram, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7276. Wendy Alison Nora, Petitioner v. Director, Lawyers Board of Professional Responsibility for Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 89-7277. Gary Lee McColpin, Petitioner v. City of Wichita, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. JUNE IS. 1990 753

No. 89-7278. Daniel Snethen, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7286. Jimmy L. Brown, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7291. Etta Jones, Petitioner v. North Carolina Department of Transportation, Division of Motor Vehicles. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7293. Betty Jean Klacsmann, Petitioner v. David Greenblum. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7299. Joseph Cherry, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 89-7304. Charles Edward Birr, Petitioner v. Duane Shillinger,

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

No. 89-7305. Willie Crawsford Bennett, Petitioner v. C. Wayne

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

No. 89-7309. Columbus Jasper Southerland, Petitioner v. Samuel Crocker. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7315. Carson Lynn Brown, Petitioner v. Thomas Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7321. Maurice A. Favors, Petitioner v. W. C. Zanaty, Circuit

Judge, Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 89-7323. Rosa R., on her own behalf and as parent and next friend of her minor child, Edward R., Petitioner v. James A. Connelly, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-7324. Alan McFadden, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 89-7325. Thomas Ritchie McBride, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- vision, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 754 MONDAY. JUNE 18. 199'

Xo. 89-7326. Darren Hooks. Petitioner v. Bruce X. Lynn. Secretary, Louisiana Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7329. Betty Jean Klacsmann. Petitioner v. Elvis Presley. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Xo. 89-7333. Ray Allen Kemp. Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California. Second Appellate District, denied.

Xo. 89-7334. Richard Ralph Martinez, Petitioner v. Judge Hensley,

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

Xo. 89-7335. Carl B. Branson. Petitioner v. GTE Communications Systems Corp.. et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Xo. 89-7343. Daniel Michael Bester. Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Xo. 89-7360. Richard L. Hole. Petitioner u. John Prelesnik, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 89-7361. Bee D. Mason. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 89-7367. Billy Royce Williford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-7382. Joseph Demelo. Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

Xo. 89-7390. David Alan Bates. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-7400. George Vernon Chiles. Petitioner v. John T. McCaskill. et al. Petition for writ of certiorari to the United States Court of Ap- |ieafc for the Fifth Circuit denied.

Xo. 89-7402. Lawrence A. Fassler, Petitioner r. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JUNE IS. 1990

No. 89-7427. Philip Somyk, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two. denied.

No. 89-7443. Felix Moeller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7451. James Francis Barnard, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-7469. Pedro Campos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7475. William A. Calvo, III, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7483. Ronald Stefenel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-7494. Pedro Victor Figueroa, Noemi Hernandez-Mesa and

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

No. 89-7509. Stacie Ben Hunt, Petitioner v. Malcolm Thompson and Dennis Baaki. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7619. Sam J. Hart, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 89-1445. Commissioner of Corrections of State of New York, et al., Petitioners v. Daniel Fullan. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1662. Ronald D. Castille, District Attorney of Philadelphia

County, et al., Petitioners v. James Clark. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1538. Randall Hank Williams, Petitioner v. Catherine Yvonne Stone. The motion of American Council on Education for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Alabama denied. 756 MONDAY, JUNE 18. 1990

No. 89-1659. William H. Schneider, et al., Petitioners v. Apple Com- puter, Inc. , et al. The motion of National Association of Securities and Commercial Law Attorneys for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1677. Charles H. Keating, Jr. and James J. Clancy, Petition- ers v. Cinema 7, Inc., et al. The motion of petitioners for leave to intervene in order to file a petition for a writ of certiorari is denied. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-1718. Banque de Paris et des Pays-Bas, Petitioner v. Exxon Company, U.S.A., A Division of Exxon Corporation. The motion of American Bankers Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7314. Thomas Warren Whisenhant, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 89-7498. In Re John Robert Demos, Jr. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. 89-6858. Etta M. Collier, Petitioner v. United States Postal

Service, et al.;

No. 89-6880. Tim E.Conley, Petitioner v. Washington;

No. 89-6904. Tim Conley, Petitioner v. Washington;

No. 89-7012. Daries Sherrills, Petitioners George W. Wilson, et al.; and

No. 89-7133. Ancel James Holland, Petitioner v. United States. The petitions for rehearing are denied.

No. 89-6665. Vernon E. Rodman, Petitioner v. George W. Wilson, Director, Ohio Department of Rehabilitation and Correction, et al. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Thursday, June 21, 1990, until Monday, June 25, 1990. monday. june is. 1990

Admissions to the Bar on Written Motions

Applicant City and State Movant

Allan W. Anderson Jr. Washington, DC David B. Ward Larry D. Ashworth Nashville, TN Jude Thaddeus Lenahan Deborah Ann Bagg Houston, TX Thomas Gibbs Gee Susan Crockett Batson Pensacola, FL Dennis K. Larry David Edward Black Houston, TX Charles W. Kelly Richard E. Bower Connellsville, PA Charles Oliver Zebley, Jr.

Elizabeth J. McCarty Oklahoma City, Robert Allen Bradford OK Nance George Ian Brandon New York, NY Russell E. Brooks Joseph Charles Brehler III Lansing, MI Ronald J. Bretz Miriam Boykin Brenaman Philadelphia, PA Barbara Ruth Axelrod Steven Wayne Brown Newport Beach, Bruce A. CA Beckman Elizabeth Cazden Manchester, NH James Edward Duggan Ross Salvatore Cirincione Cleveland, OH Paul Andrew Grau James A. Clark Denver, CO Fred M. Winner Steven G. Corry Milwaukee, WI David V. Jennings, Jr. Jeffrey A. Dickerson Reno, NV Bruce Thomas Beesley Michael Gordon Diedrich Rapid City, SD Roger Alan Tellinghuisen Richard Clinton Duell III Birmingham, AL James Oliver Haley Emily Shappell Edelman Los Angeles, CA Frederick J. Glassman William R. Fisher Portland, ME Thomas Francis Monaghan Lynne Pava Fox Philadelphia, PA Bernard N. Katz Michael J. Friesen Garden City, KS John Byron Meeks Marie A. Fritzinger Philadelphia, PA Bernard N. Katz Armando Garcia Tallahassee, FL Robert Augustus Harper Jr. 758 MONDAY. JUNE 18. 1990

Applicant City and State Movant

Deborra Elizabeth Garrett Bellingham. WA Daniel Alan Raas H. Jason Gold Alexandria. VA Donald D. Jeffery Randy Grossman West New York. Robert Greenberg NJ Lucille M. Hardy Carlisle. IA Harry Max Griger

Gay Secor Hardy Lansing. MI Frank J. Kelley Edwin G. Harvey Saint Louis. MO Timothy Fancis Xoelker Richard William Hecht Santa Monica. CA Stephen Russell Kay

Margaret A. Jackson New York. XY Rosemary S. Page Edwin Russell Jeter Jr. Columbia, SC Charles Porter Stephen H. Kaufman Baltimore. MD Henry Robbins Lord

William J. Kelley II Washington. DC Alexia Morrison John C. Kellogg Newport Beach. Michael R. CA McDonnell

Robert Ray Kim el Pensacola. FL Dennis K. Larry Dale B. Kimsey Fullerton. CA Evan L. Ginsburg V. Thomas Landford Jr. Wshington. DC A. Raymond Randolph James Charles Lohman Tallahassee. FL Mark Evan Olive Tracy Arthur Marlow Greenwich. CT Stephen Feldman Maureen A. McCabe Newton, MA Stuart Auchincloss

Bruce D. Merkur New York. XY Thomas J. Mazza .Marshal L. Mickelson Butte, MT Dolphy 0. Pohlrnan Randall B. Miller Baton Rouge. LA Judge Frank Joseph Polozola

James B. Moore Jr. Georgetown. SC Charles Porter Valerie Perrin Morrison Alexandria. VA Donald D. Jeffery Lenell Rae Xussbaum Seattle. WA Anna-Mari Sarkanen Robin Leigh Parker Columbus. OH Stephen D. Martin David McLean Parker Raleigh. XC Laura Ellen Grumpier \1

MONDAY. JUNE 1*. 1990

Applicant City and State Movant

Dennis Lee Pergram Columbus, OH otepnen u. Martin

»«• 1 11 i ATT Noah Edward Powers II Middletown, OH John Frederick

r-Tnl V> i. J.U1V_\J111Upnm

1—I r\ Ti*n "» Daniel Warren Raab Miami, FL nou aii qr J jTot*a

llULilIIld.Il

XT 7 1 j. T\t~^ Frances Fay Rogala Washington, DC ineoaoie 1. oonae Rocco A. Romano Chicago, IL Vincent raui

V_/I IsLl

tt if* i /"im Frank Hanley Santoro Hartford, CT jrviutri l r eiei IjtrllgCT on fro William Randall Scott Dallas, TX Fred Time David Brian Seserman Denver, CO Timothy Judson

1Pcivcnndl i?Ulloc To A jonn oi. jonn oan r rancisco, o dliltrbmoc jtJl. Hennefer Daniel C. Stanley Jr. Alexandria, VA Donald D Jefferv Edward A. Stein New York, NY i\a\ vjoaaaia George F. Taseff Bloomington, IL Harold Madison

o1 eimiiigsa y\ vi i vi era Joseph Allan Thomas Newport Beach, Bruce A. CA jjecKman

T—> T TX TT 1 1*11 Edward J. Underhill Chicago, IL I . J oraan

VJdlldgllClI^Q 1 1 Q (Tn Of

T"* 1 l A 11 TT 7 11 T TlO 1 1 Robert Anselle Walker Jr Washington, DC LJCLLWO1 Cll

of n i oro lPandlltrLlllt:! tr iviicnaei uavia weicn San Francisco, CA WilliamVV lllldlll ID."R OilUUU^Vmhh

IViicnael o. Wellman Lansing, MI UCUlgC 1V1. Brookover TnVin RiTnn TVTpplfc Phyllis r . Wendler Garden City, Kb OKJllll JJvIUIl lrlCcrv-o Anne W. Wooten Dallas, TX justm josepn i\aii George Yatron Reading, PA Emmanuel H.

UlllllllI 1 1 i t v* 1UUi /~\ 1

Deborah Yu Yeoh New York, NY v v imam Alexander Ziegler Alan Toshio Yoshitake Beverly Hills, CA Robert M. Takasugi 760 MONDAY. JUNE 18. 1990 Opinions

No. 89-243. Eli Lilly and Company, Petitioner v. Medronic, Inc. On writ of certiorari to the United States Court of Appeals for the Federal 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 Scalia. Dissenting opinion by Justice Kennedy with whom Justice White joins. Justice O'Connor took no part in the consideration or decision of this case.

No. 89-390. Pension Benefit Guaranty Corporation, Petitioner v.

LTV Corporation, 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 Blackmun. Opinion by Justice White concurring in part and dissenting in part with whom Jus- tice O'Connor joins. Dissenting opinion by Justice Stevens.

No. 89-504. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Marilyn Finkelstein. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Opinion by Justice Scalia concurring in part. Opinion by Justice Blackmun concurring in the judgment.

No. 89-213. Pennsylvania, Petitioner v. Inocencio Muniz. On writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office. Judgment vacated and case remanded to the Superior Court for further proceedings not inconsistent with the opinion of this Court. Justice Brennan delivered the opinion of the Court except as to Part III—C. Opinion by the Chief Justice concurring in part, concurring in the result in part, and dissenting in part with whom Justice White, Justice Black- mun and Justice Stevens join. Opinion by Justice Marshall concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Richard G. Bell Palo Alto, CA John B. Denniston Robert P. George Princeton, NJ Herbert W. Vaughan MONDAY. JUNE 18. 1990 761

Applicant Citv and State Movant

Patricia Anne Parker Houston, TX Glenn G. Parker William Charles Porth Jr. Charleston, WV William C. Porth William Patrick Sulik Burke, VA Victor M. Fortuno Louise F. Milkman Washington, DC Anne Hudson Shields Susan Murtha Jaffe Washington, DC Kirk Christopher Jenkins Richard W. Aldrich Los Angeles, CA Ronald George Morgan David Elwin Dougherty Potomac, MD Eugene Mar Brian Alexander Darst Alexandria, VA Eileen Beth White Jan Craig Nelson Redwood Falls, Philip E. Blondin MN Stephen Anthony Longo Waterbury, CT Ronald A. Sarasin Laura Van Etten Washington, DC Ronald A. Sarasin Christopher A. McLean Omaha, NE Patrick Aloysius Mulloy Angela Burnett Washington, DC Peter Paul Weidenbruch, Jr. Robin H. Gilbert Washington, DC Peter Paul Weidenbruch, Jr. Jose M. Herrero Madrid, SP Peter Paul Weidenbruch, Jr. Katharine R. Latimer Washington, DC Peter Paul Weidenbruch, Jr. Susan Marie Swiatek McLean, VA Peter Paul Weidenbruch, Jr. Thomas Harold Buscaglia Miami, FL Peter Paul Weidenbruch, Jr. Helen-Louise Hunter Bethesda, MD Peter Paul Weidenbruch, Jr. 762 MONDAY. JUNE 18. 1990

Applicant City and State Movant

John F. Weidenbruch Washington, DC Peter Paul Weidenbruch, Jr. Conrad Wai-pac Wong Palo Alto, CA Peter Paul Weidenbruch, Jr. Donna Marie Young Temple Hills, MD Peter Paul Weidenbruch, Jr. Christopher Edward Washington, DC Peter Paul Palmer Weidenbruch, Jr. Jan Brittain Montgomery Washington, DC Peter Paul Weidenbruch, Jr. Kathryn M. Murray Cleveland, OH Peter Paul Weidenbruch, Jr. Julie G. Weidenbruch Alexandria, VA Peter Paul Weidenbruch, Jr. Eileen Barkas Hoffman Washington, DC Peter Paul Weidenbruch, Jr. Eileen Barbara Stein Potomac, MD Peter Paul Weidenbruch, Jr. Julienne Wallis Bramesco Arlington, VA Peter Paul Weidenbruch, Jr. Jonathan R. Pawlow Manassas, VA Peter Paul Weidenbruch, Jr. Susan Tsui Vienna, VA Peter Paul Weidenbruch, Jr. Paul G. Bertram Jr Marietta, OH Elliot E. Polebaum MONDAY. JUNE 16. 1990 763

Applicant Citv and State Movant

Nancy Edwards Brum Marietta, OH Elliot E. Polebaum Colleen Elizabeth Cook Marietta, OH Elliot E. Polebaum Janet Kathryn Dyar Marietta, OH Elliot E. Polebaum Robert Ellis Marietta, OH Elliot E. Polebaum Lynn McMains Ellis Marietta, OH Elliot E. Polebaum James Scott Huggins Marietta, OH Elliot E. Polebaum N. Edward Lane Jr Marietta, OH Elliot E. Polebaum M. Dale Leeper Marietta, OH Elliot E. Polebaum Curtis Blaine Nichols Marietta, OH Elliot E. Polebaum Roland W. Riggs III Marietta, OH Elliot E. Polebaum John Edward Triplett Jr Marietta, OH Elliot E. Polebaum Thomas Phillip Webster Belpre, OH Elliot E. Polebaum Michele Hilden Willard Marietta, OH Elliot E. Polebaum Leonard Charles Reizfeld Orange, CT Ronald Andrew Cass David Craig Slepian Fairfield, CT Ronald Andrew Cass William Charles Stokesbury Avon, CT Ronald Andrew Cass Ann S. Rosenthal Washington, DC Ronald Andrew Cass Charles Taylor Smith II Silver Spring, MD Ronald Andrew Cass Dorothv Carol Stone Denver, CO Ronald Andrew Cass lunvnAY tt'vf k ioqci JVLUiVJJA 1 . J L AL lc. IrW

Applicant City and State Movant

David M. Schwartz Portsmouth, NH Ronald Andrew Cass Elaine Meredith Hazzard Honolulu, HI Ronald Andrew Cass David Peter Angueira Boston, MA Ronald Andrew Cass Joseph Badasarian Cambridge, MA Ronald Andrew Cass George M. Belsky Boston, MA Ronald Andrew Cass Stacey M. Cannon Boston, MA Ronald Andrew Cass Peter B. Clifford Worcester, MA Ronald Andrew Cass Thomas L. Crotty Jr. Boston, MA Ronald Andrew Cass Malcolm H. Flash Boston, MA Ronald Andrew Cass Philip Francis Holahan Boston, MA Ronald Andrew Cass Donna Marie Lannon Boston, MA Ronald Andrew Cass Robert Y. Lider Boston, MA Ronald Andrew Cass Winifred Kathleen Marie Albany, NY Ronald Andrew Maloney Cass Timothv Michael Mauser Boston, MA Ronald Andrew Cass Anita J. McCarthy-Drew Hyannis, MA Ronald Andrew Cass Benjamin Rosales Boston, MA Ronald Andrew Cass William D. Rounds Taunton, MA Ronald Andrew Cass Stephen T. Russian Lexington, MA Ronald Andrew Cass Paul E. Schack Pittsfield, MA Ronald Andrew Cass MONDAY. JUNE 18. 1990 765

Applicant City and State Movant

Steven F. Smoot Boston, MA Ronald Andrew Cass Carolyn Spector Boston, MA Ronald Andrew Cass Steven B. Stein Boston, MA Ronald Andrew Cass Steven H. Talkovsky Chatham, NJ Ronald Andrew Cass Joseph Dominic Zaks Boston, MA Ronald Andrew Cass Stanley W. Brown Jr. Belfast, ME Ronald Andrew Cass John F. Dolan Jr. Dover, NH Ronald Andrew Cass Hollis Edward McBurney North Conway, Ronald Andrew Jr. NH Cass Robert A. Shaines Portsmouth, NH Ronald Andrew Cass Clifford Richard Thatcher West Lebanon, Ronald Andrew Jr. NH Cass Ernest Dorchester Buff Far Hills, NJ Ronald Andrew Cass William Roy Blane Stamford, CT Ronald Andrew Cass Edward Moss Fox New York, NY Ronald Andrew Cass Scott Rosback Johnston New York, NY Ronald Andrew Cass Mark Geoffrey Kirshner Garden City, NY Ronald Andrew Cass Laurence A. Kraemer New York, NY Ronald Andrew Cass Leon B. Lipkin New York, NY Ronald Andrew Cass David Brian Picker Brooklyn, NY Ronald Andrew Cass Deborah R. Gross Philadelphia, PA Ronald Andrew Cass 766 MONDAY. JUNE 18. 1990

Applicant City and State Movant

Kenneth S. Shapiro Bala Cynwyd, PA Ronald Andrew Cass David William Wolf Philadelphia, PA Ronald Andrew Cass Charles A. Nardone Westerly, RI Ronald Andrew Cass Charles F. Trumpetto Westerly, RI Ronald Andrew Cass Russell Jay Chalk Austin, TX Ronald Andrew Cass Peter VanTyle Austin, TX Ronald Andrew Cass Kristy A. Niehaus Washington, DC Ronald Andrew Cass

Adjourned until Thursday, June 21, at 10 o'clock. x (JOURNAL) THURSDAY. JUNE 21. 1990 767 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice Scalia, and Justice Kennedy.

Opinions

No. 88-2109. Kansas and Missouri, etc., Petitioners v. Utilicorp United Inc. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice Kennedy. Dissenting opinion by Justice White with whom Justice Brennan, Jus- tice Marshall, and Justice Blackmun join.

No. 89-5809. Robert Sawyer, Petitioner v. Larry Smith, Interim Warden. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Kennedy. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins, Justice Blackmun joins as to Parts I-IV, and Justice Stevens joins as to Parts I-III.

No. 88-2018. Illinois, Petitioner v. Edward Rodriguez. On writ of certiorari to the Appellate Court of Illinois, First District. Judgment reversed and case remanded to the Appellate Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Jus- tice Scalia. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join.

No. 89-530. Portland Golf Club, Petitioner v. Commissioner of Inter- nal Revenue. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Blackmun. Opinion by Justice Kennedy concurring in part and concurring in the judgment with whom Justice O'Connor and Justice Scalia join.

No. 89-624. Maislin Industries, U.S., Inc., et al., Petitioners v. Pri- mary Steel, Inc. On writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Concurring opinion by Justice Scalia. Dissenting opinion by Justice Stevens with whom the Chief Justice joins.

No. 88-1872. Cynthia Rutan, et al, Petitioners v. Republican Party of Illinois, et al.; and 768 THURSDAY. JUNE 21. 1990

No. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan, et al. On writs of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed in part, reversed in part, and cases 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 Scalia with whom the Chief Justice and Justice Kennedy join, and with whom Jus- tice O'Connor joins as to Parts II and III.

No. 89-645. Michael Milkovich, Sr., Petitioner v. Lorain Journal Co., et al. On writ of certiorari to the Court of Appeals of Ohio, Lake County. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. No. 89-742. James A. Collins, Director, Texas Department of Crimi- nal Justice, Institutional Division, Petitioner v. Carroll F. Youngblood. 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 the Chief Justice. Opinion by Justice Stevens concurring in the judgment with whom Justice Brennan and Justice Marshall join.

Adjourned until Monday, June 25, 1990 at 10 o'clock. x (JOURNAL) MONDAY. JUNE 25. 1990 769 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. On Wednesday, June 27, 1990, the Court will announce all of the remaining opinions ready during the Term of the Court."

Opinion Per Curiam

No. 89-6985. Horacio Alvarado, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari are granted. The judgment

is vacated and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed May 21, 1990. Opinion per curiam. Dissenting opinion by the Chief Jus- tice with whom Justice O'Connor, Justice Scalia, and Justice Kennedy join.

Certiorari— Summary Disposition

No. 89-761. Edward E. Rice, Petitioner v. Ohio Department of Transportation, 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 Rutan v. Republican Party of Illinois, 497 U.S. (1990).

No. 89-936. INF, Ltd., Petitioner v. Spectro Alloys Corp. 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 judg-

ment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of

Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. (1990).

No. 89-944. Georgia, Petitioner v. Thomas D. Stewart, et ux. On petition for writ of certiorari to the Court of Appeals of Georgia. The peti- 770 MONDAY. JUNE 25, 1990 tion for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals of Georgia for further consideration in light of Illinois v. Rodriguez, 497 U.S. (1990). Justice Stevens dissents.

No. 89-1575. Gaetano Vastola, et al., Petitioners v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of United States v. Ojeda-Rios, 495 U.S. (1990).

No. 89-5849. Bruce Messer and Timothy P'Simer, Petitioners v. Fran Curci, et al. On petition for writ of certiorari to the United States Court of Appeals for the Sixth 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 Sixth Circuit for further consideration in light of Rutan v. Republican Party of Illinois, 497 U.S. (1990).

Orders in Pending Cases

No. D-868. In the Matter of Disbarment of Gerard E. Molony. Dis- barment order entered. No. D-871. In the Matter of Disbarment of William Herbert Price. Disbarment order entered. No. D-885. In the Matter of Disbarment of Sheldon Joel Sanders. The order entered May 29, 1990 is amended to read as follows: It having been reported to the Court that Sheldon Joel Sanders, of Lido Beach, New York, has been disbarred from the practice of law by the Appel- late Division, Supreme Court of New York, Second Judicial Depart- ment, and this Court by order of March 26, 1990, having suspended the said Sheldon Joel Sanders from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred;

And it appearing that the said rule was duly issued and served upon the respondent and that a response has been filed; It is ordered that the said Sheldon Joel Sanders be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. No. D-895. In the Matter of Disbarment of Louis Carl Dineff. Dis- barment order entered. MONDAY, JUNE 25, 1990 771

No. D-913. In the Matter of Disbarment of Isaiah White Williams. It is ordered that Isaiah White Williams, of St. Petersburg, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-914. In the Matter of Disbarment of William W. Watkins, Sr. It is ordered that William W. Watkins, Sr., of Columbia, South Caro- lina, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1391. Irving Rust, etc., et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services; and

No. 89-1392. New York, et al., Petitioners v. Louis W. Sullivan, Sec- retary of Health and Human Services. The motion of Alan Ernest for leave to represent children unborn and born alive is denied. The motion of Legal Defense for Unborn Children for leave to file a brief as amicus curiae is denied.

No. 89-1947. John Remington Graham, Petitioner v. William J. Wernz, etc. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. 89-5900. John E. Rust, Petitioner v. Frank 0. Gunter, et al. The motion of Alvin J. Bronstein for reimbursement of travel expenses is granted.

Certiorari Granted

No. 89-1500. Business Guides, Inc., Petitioners. Chromatic Commu- nications Enterprises, Inc. and Michael Shipp. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 89-1541. Elizabeth Dole, Secretary of Labor, Petitioners. Occu- pational Safety and Health Review Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

Certiorari Denied

No. 89-56. Nancy Allevato, Personal Representative of the Estate of

Michael J. Ferrantino, Sr., Deceased, et al., Petitioners v. Counties of Oakland and Macomb, Michigan;

No. 89-79. City of Detroit, Petitioner v. County of Oakland and County of Macomb; and 772 MONDAY, JUNE 25, 1990

No. 89-101. Coleman A. Young, Mayor of the City of Detroit, Peti- tioner v. Counties of Oakland and Macomb. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-933. John Carpenter, et al., Petitioners v. James D. Thomas. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1287. Richard K. Jacquin, Petitioner v. Walter Stenzil, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1296. Oklahoma Natural Gas Company, Petitioner v. Wil- liams Natural Gas Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1377. Ann Troitino Johnston, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied.

No. 89-1413. Donaciano Hernandez-Escarsega, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1511. American Mining Congress and Solite Corporation,

Petitioners v. 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.

No. 89-1527. Railway Labor Executives' Association, et al., Petition- ers v. Chicago and North Western Transportation Company, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1611. Timothy Scott Reese, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 89-1617. Wesley P. Bernard, et al, Petitioners v. Gulf Oil Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1641. News/Sun Sentinel Company, 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. 89-1660. Peter J. Castiglia, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. MONDAY, JUNE 25. 1990 773

No. 89-1674. Rose Carota, Petitioner v. Celotex Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1687. Communications Satellite Corporation, Petitioner v. Federal Communcations Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1688. Gregory Gates, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-1695. Law Engineering, Inc., Petitioners. Georgetown Steel Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1702. Mennen Company, et al, Petitioner v. Andrew S. Mar- tin. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1703. Reginald B. Snyder, Petitioner v. Christopher Lewis, Secretary of the Commonwealth of Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied.

No. 89-1704. Illinois Human Rights Commission, et al, Petitioners v. Babcock & Wilcox Company. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-1712. Northwest Food Processors Association, et al., Peti- tioners v. William K. Reilly, Administrator, Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1730. Susanne C. Fink, Petitioner v. Peter Fink. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-1739. U.S. Gold & Silver Investments, Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1749. Public Service Commission, State of New York, et al.,

Petitioners v. National Fuel Gas Supply Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 89-1764. Frieda Miller, Petitioner v. Prudential Bache Securi- ties, Inc. and Samuel Kaplan. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 774 MONDAY. JUNE 25. 1990

No. 89-1776. Michael R. Fontham, Petitioner v. Committee on Pro- fessional Responsibility, Louisiana State Bar Association. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 89-1791. John Lamborn, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 89-1796. John Hasso, Elissa N.V., Rumba, N.V., Pacific Mid- land N.V., Kondoland Corp. and Grape Capital Corp., Petitioners v. Charles Duggan. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-1812. Jamie H. Espinueva, Petitioner v. H. Lawrence Gar- rett, III, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1826. Church By Mail, Inc., 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. 89-1830. Donald L. Jackson, et ux., Petitioners v. United States District Court for the Eastern District of California (Western Farm Credit Bank, et al., Real Parties in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1839. Blue Cross and Blue Shield of Kansas, Inc. and HMO

Kansas, Inc., Petitioners v. Walter L. Reazin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1841. David A. Nordstrom, et al, Petitioners v. Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1851. James Donofrio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1858. Eastern Auto Distributors, Inc., Petitioner v. Peugeot Motors of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1860. Glenn A. Main, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-1864. Duvan Arboleda, Individually and as President of Gold and Gems Trading, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JUNE 25. 1990

No. 89-1870. Jerome C. Utz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5654. Gerald Keith Redmond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-6618. Ellis L. Barnett, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-6959. William Shaffer, Petitioner v. Daniel Senkowski, Su- perintendent, Clinton Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7047. Eddie Joe Buckley, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7081. Johnny Lee Wallace, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7100. Edmond Gifford, Petitioner v. United States; and

No. 89-7294. Joseph Kelly. Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7153. Gale Watson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7166. Leon Paris, Petitioner v. Johnnie Young. Petition for writ of certiorari to the Circuit Court of Maryland, Baltimore City, denied.

No. 89-7238. Abdul Wakil Amiri, Petitioner v. Norma H. Johnson, Judge, United States District Court for District of Columbia. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-7255. Joe Santiago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7274. Tony Hanif Lee, Petitioner v. Gary McCaughtry, Su- perintendent, Waupun Correctional Institution. Petition for writ of cer- 776 MONDAY. JUNE 25. 199C

tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7337. Donnelle Gallion, Petitioner v. William H. Zinn. et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7338. Robert Steven Belle, Petitioner u. Robert M. Freeman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7339. Winston Willis. Petitioner v. First Bank National Asso- ciation. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 89-7340. Fred Whitaker, Petitioner v. Bay Area Rapid Transit. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-7342. Clifford M. Deming, Petitioner v. A. A. Richner, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7344. Dennis Nelson Fixel, Petitioner v. George Deeds, War- den, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 89-7353. Robert Christopherson and Jeanette Christopherson,

Petitioners v. Shawano County. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 89-7358. James Thomas, et ux., Petitioners v. Southtrust Bank of Alabama, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7365. Byron Shuman, Petitioner v. Richard Celeste, Gover- nor of Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7368. Ronald E. Long, Sr., et al.. Petitioners v. William H. Fauver, Commissioner, New Jersey Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7371. James Moore, Petitioner v. District of Columbia De- partment of Public Works. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7372. David Joe Kerns. Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- MONDAY. JUNE 25. 1990 777 tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7373. Betty Jean Klacsmann, Petitioner v. Guiseppe C. Castellano. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7374. Betty Jean Klacsmann, Petitioner v. Lawrence S. Fedak. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7375. Robert Kurtz, Petitioner v. Robert D. Edmiston, Su- perintendent, Southern State Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7381. Carson Lynn Brown, Petitioner v. Raymond Toombs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7384. Linwood Cosby, Petitioner v. P. Doyle, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7389. Carson Lynn Brown, Petitioner v. Jerry Sherman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7404. William Lawrence Potter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7407. Robert D. Bryant, Petitioner v. Art Tate, Jr., Superin- tendent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7415. Joseph Sun, Petitioner v. Michael Kessler, et al. Peti- tion for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-7422. Otis T. Bell, aka Trouble Bell, Petitioner v. Texas. Pe- tition for writ of certiorari to the Court of Appeals of Texas, Third Dis- trict, denied.

No. 89-7428. John Robert Demos, Petitioner v. Court of Appeals of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-7429. John Robert Demos, Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. 778 MONDAY. JUNE 25. 1990

No. 89-7431. Bobbie R. Benson, Petitioner v. James F. Barrasso, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7435. Lee Earnest Davis, Jr., Matthew Charles Johnson,

Robert Eric Ladd and Jessie N orris, Petitioners v. County of Jefferson, Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7471. Richard Poorman, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-7497. John Robert Demos, Jr., Petitioner v. Donald Bonamy, Superintendent, Special Offender Center. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-7499. John Robert Demos, Jr., Petitioner v. Donald Bonamy, Superintendent, Special Offender Center. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-7501. Joseph William Dougherty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7506. John Lester Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7508. Jesse McMillan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7514. Phi P. Huynh, aka John, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7515. James A. Block, Petitioner v. American Telephone & Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7516. Heriberto Betancourt, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7524. Juan Becerra and Victoria Becerra, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7532. William A. Mathis, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY. JUNE 25. 1990 779

No. 89-7533. Carlos Libreros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 89-7544. Robert Reino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7545. Eval Ramos-Benavidez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7552. Carl Proctor, Petitioner v. John Jabe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7553. Jose Corpus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7556. Eddie Gamble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7557. Gregorio Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7560. Carlos Sierra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7563. Jerry Lee Pulliam, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7566. Bruce Barber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7567. Ronald Duane Beaulieu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7568. John Beaulieu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7573. Alan Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 780 MONDAY. JUNE 25. 1990

No. 89-7575. Felix Sanchez-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7579. Ahmad Mukhtar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7585. Rafael Romero and Albert Rodriguez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7590. Aaron Holsey, Petitioner v. Eugene Nuth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7611. Michael Ray Evans, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7620. Alan Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7622. Carlos Ramirez, Petitioner v. United States. Petition for wit of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7624. Larry White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 88-1958. Supreme Beef Processors, Inc., Petitioner v. Robert Yaquinto, Jr., etc. The motion of Shippers National Freight Claims

Council, Inc. for leave to file a brief as amicus curiae is granted. The motion of National Industrial Transportation League, 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. 88-7318. James Russell Cain, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7432. Stephen Michael West, 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. 89-516. Wilbert Lee Evans, Petitioner v. Charles Thompson, Superintendent, Mecklenburg Correctional Center. Petition for writ of MONDAY. JUNE 25. 1990 781

certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6062. David Leslie Murtishaw, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6091. Kenneth Ray Ransom, 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. 89-6324. Willliam N. Moore, Petitioner v. Walter Zant, Superin- tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6509. Mark A. Hopkinson, Petitioner v. Duane Shillinger,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 89-7007. John Kennedy Barefield, 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. 89-7307. Bruce Edwin Callins, 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. 89-7308. Edward Charles Pickens, 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. 89-7322. Herman Charles Barnes, Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7380. Ronald Barrow, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7442. Richard Dale Huffman, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-1756. Royal Crown Cola Co., Petitioner v. Coca-Cola Com-

pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition. 782 MONDAY. JUNE 25. 1990

No. 89-1759. A. L. Lockhart, Director, Arkansas Department of

Correction, Petitioner v. William Lloyd Hill. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-5346. William J. Bradley, Petitioner v. Ohio. The petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan. Dissenting opinion by Justice Marshall.

No. 89-5934. William Thomas Cartwright, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 89-7387. Carl Doughty and Larry Wilson, Petitioners v. Board of County Commissioners for the County of Weld, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Tenth

Circuit before judgment is denied.

Prohibition Denied

No. 89-7347. In Re Jackie Brooks. The petition for writ of prohibition is denied. Rehearings Denied

No. 89-81. Miriam Wilson, et al., Petitioners v. Michael Lane, Direc- tor, Illinois Department of Corrections;

No. 89-1465. Daniel Kozak, Petitioner v. United States Department of Agriculture;

No. 89-6914. David Meyers, Petitioner v. Indiana;

No. 89-6954. Kenneth Earl Magwood, Petitioner v. Alabama; and

No. 89-7028. Louis Edward Fryhover, Petitioner v. United States. The petitions for rehearing are denied. Recess Order

The Court will take a recess from Monday, June 25, 1990, until Wednesday, June 27, 1990.

Admissions to the Bar on Written Motions

City and State Movant

Allan Jay Atlas Miami, FL Arden M. Siegendorf Patrice Melinda Barron Houston, TX Clinard J. Hanby ..

MONDAY. JUNE 2-5. 1990 783

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JtvODeii ri. .Doniei oeaiue, vv i-v Charles Eugene

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Wav+fnvrl PT v^nrisiopner r . jji oney xidi hoi a, V- 1 ividui ice l 1 lLZlVldUI ILc \Tmi* T A Robert Ellsworth JJurgm iview wi leans,Anno Lit\ jameb i5uiKe

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u lii^njii o Lai i Jame^ Rav Evler Baltimore, MD John Bennett Sinclair Geoffrey S. F earns Orange, CA Richard Alan Hauser Robert Alex Fleming San Juan, PR William Lespier Joseph A. Geremia Jr Prospect, CT William J. St. John, Jr. 784 MONDAY. JUNE 25. 1990

Applicant City and State Movant

Judith Z. Gold San Francisco, CA Robert Stanley Venning Richard David Goldman Miami, FL Vincent J. Flynn Gary Street Goodwin Columbus, MS Wilbur 0. Colom Patrick W. Gray Lafayette, LA Robert T. Jorden William J. Guinan Omaha, NE Matt Reres Jewel A. Gutman Hartford, CT Peter L. Costas Beverly K. Corn Harris Evansville, IN F. Wesley Bowers Wendy Lee Holton Helena, MT William Boggs Thomas J. Jeffers Jr. Montrose, CA Frank R. Manzano James Wilson Johnston Riverside, CA James Carl Teixeira Elizabeth C. Koch Washington, DC Lee Jay Levine David Michael Kramer Los Angeles, CA Michael Wayne John Joseph Kuchno Baltimore, MD Henry Robbins Lord Roger C. Linde New Orleans, LA Dando B. Cellini Steven Charles Low Kansas City, MO Preston Dean Joyce Leanne Miller Mount Dora, FL Gary G. Graham Edward W. Mudd Jr. Birmingham, AL Robert R. Reid, Jr.

T Samuel Lynn Murray Brandon, MS W erner Hellmer Thomas Gerald Olp Washington, DC William Joseph Rodgers John A. Owens Tuscaloosa, AL Susie Taylor Carver Armand Maurice Pare', Jr New York, NY John R. Geraghty Bruce M. Peckerman Milwaukee, WI Ralph Adam Fine Donn P. Pickett San Francisco, CA John R. Reese Franklin Delano Roush Jr. Johnstown, PA Gary L. Costlow Richard K. Rufner Denver, CO David G. Palmer Elliot M. Schachner New York, NY J. Christopher Jensen Steven M. Schatz Palo Alto, CA Boris Feldman Harry A. Schroeder Flossmoor, IL Harry P. Stinespring III Daniel Isaiah Siegel Harrisburg, PA James Vincent Wade MONDAY. JUNE 25. 1990 785

Applicant City and State Movant

Kent Sinclair Charlottes- Earl C. Dudley, ville, VA Jr. Stephen Ward Smith Philadelphia, PA John Thomas Edwards Barbara Lee Smith Washington, DC Judge Nan R. Huhn Jean Marie Sweeney New Orleans, LA M. Truman T W oodward, Jr. Howard M. Talenfeld Miami, FL Joel Stephen Fass Mark H. Tune San Francisco, CA Thomas J. Harbinson Alfredo R. Villarreal Jr. San Antonio, TX Robert Clark Adams Dennis Parker Waggoner Tampa, FL Benjamin H. Hill, III Raymond Oral Walz Redwood Falls, Richard George MN Gomsrud

Opinions

No. 88-805. Ohio, Appellant v. Akron Center for Reproductive

Health, et al. Appeal from the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Justice Kennedy announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, and IV, and an opinion with respect to Part V, in which the Chief Justice, Jus- tice White, and Justice Scalia join. Concurring opinion by Justice Scalia. Opinion by Justice Stevens concurring in part and concurring in the judgment. Dissenting opinion by Justice Blackmun with whom Jus- tice Brennan and Justice Marshall join.

No. 88-1125. Jane Hodgson, et al.. Petitioners v. Minnesota, et al.; and

No. 88-1309. Minnesota, et al., Petitioners v. Jane Hodgson, et al. On writs of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Justice Stevens announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, IV, and VII, an opinion with respect to Part III in which Justice Brennan joins, an opinion with respect to Parts V and VI 786 MONDAY. JUNE 25. 1990

in which Justice O'Connor joins, and a dissenting opinion with respect to Part VIII. Opinion by Justice O'Connor concurring in part and concurring in the judgment in part. Opinion by Justice Marshall concurring in part, concurring in the judgment in part, and dissenting in part with whom Justice Brennan and Justice Blackmun join. Opinion by Justice Scalia concurring in the judgment in part and dissenting in part. Opin- ion by Justice Kennedy concurring in the judgment in part and dissenting in part with whom the Chief Justice, Justice White, and Justice Scalia join.

No. 74, Original. State of Georgia, Plaintiff v. State of South Caro- lina. On Exceptions to Reports of the Special Master. Exceptions of South Carolina overruled. Exception of Georgia to the Special Master's use of right-angle principle sustained. Other exceptions of Georgia overruled. Recommendations of the Special Master in his two reports, and as to which no exception has been taken, adopted (subject to res- ervation expressed in n.7). Each recommendation of the Special Master and as to which an Exception has been advanced but overruled, adopted. Parties directed promptly to prepare appropriate proposed decree in line with these conclusions and submit directly to this Court for review and consideration. No costs allowed. Court retains jurisdiction to entertain such further proceedings as from time to time may be necessary- or advisable to effectuate the forthcoming decree and the rights of the respective parties. Opinion by Justice Blackmun. Opinion by Justice White dissenting in part with whom Justice Marshall joins. Opinion by Justice Stevens dissenting in part with whom Justice Scalia joins. Opinion by Justice Scalia dissenting in part with whom Justice Kennedy joins. Opinion by Justice Kennedy dissenting in part with whom the Chief Justice joins.

No. 88-2041. Everett A. Sisson, Petitioner v. Burton B. Ruby, et al. On writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice Scalia concurring in the judgment with whom Justice White joins. No. 88-1503. Nancy Beth Cruzan, by her parents and co-guardians,

Lester L. Cruzan. et ux., Petitioners v. Director, Missouri Department

of Health, et al. On writ of certiorari to the Supreme Court of Missouri. Judgment affirmed. Opinion by the Chief Justice. Concurring opinion by Justice O'Connor. Concurring opinion by Justice Scalia. Dissenting MONDAY. JUNE 25. 1990 787

opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join. Dissenting opinion by Justice Stevens.

• Admissions to the Bar on Oral Motions

Applicant City and State Movant

Albert Davison Bowers Washington, DC Jerry B. Blackstock Robert W. Faulkner Little Rock, AR George Proctor

Adjourned until Wednesday, June 27, 1990 at 10 o'clock. x

(JOURNAL) TUESDAY. JUNE 26. 1990 789 SUPREME COURT OF THE UNITED STATES

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

Orders in Pending Cases

No. 89-7838. Alexzene Hamilton, as Natural Mother and Next

Friend to James Edward Smith, Petitioner v. Texas; and No. 89-7842. Alexzene Hamilton, as Natural Mother and Next

Friend to James Edward Smith, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. The applications for stay of execution of sentence of death presented to Jus- tice White and by him referred to the Court are denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Blackmun and Justice Stevens dissent and would grant the applications for stay.

(JOURNAL) WEDNESDAY. JUNE 27. 1990 791 SUPREME COURT OF THE UNITED STATES

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

Opinions

No. 89-640. Manuel Lujan, Jr., Secretary of the Interior, et al., Peti- tioners v. National Wildlife Federation, 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 Scalia. Dissenting opinion by Justice Blackmun with whom Justice Brennan, Justice Marshall and Justice Stevens join.

No. 88-2031. United States, Petitioner v. Marsha B. Kokinda, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Justice O'Connor announced the judgment of the Court and delivered an opinion in which the Chief Justice, Justice White and Justice Scalia join. Opinion by Justice Kennedy concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall and

Justice Stevens join and with whom Justice Blackmun joins as to Part I. No. 89-189. Samuel A. Lewis, Director, Arizona Department of Cor- rections, et al., Petitioners v. Jimmie Wayne Jeffers. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Brennan with whom

Justice Marshall joins in this case and in No. 88-7351, Walton v. Ari- zona, post. Dissenting opinion by Justice Blackmun with whom Justice Brennan, Justice Marshall and Justice Stevens join.

No. 89-260. Idaho, Petitioner v. Laura Lee Wright. On writ of certiorari to the Supreme Court of Idaho. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Kennedy with whom the Chief Justice, Justice White and Justice Blackmun join.

No. 89-478. Maryland, Petitioner v. Sandra Ann Craig. On writ of certiorari to the Court of Appeals of Maryland. Judgment vacated and case remanded to the Court of Appeals for further proceedings not in- 792 WEDNESDAY. JUNE 27. 1990 consistent with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Scalia with whom Justice Brennan, Jus- tice Marshall and Justice Stevens join.

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona. On writ of certiorari to the Supreme Court of Arizona. Judgment affirmed. Justice White announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and V, and an opinion in Parts III and IV in which the Chief Justice, Justice O'Connor and Justice Kennedy join. Opinion by Justice Scalia concurring in part and concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins in this case and in No. 89-189, Lewis v. Jeffers, ante. Dissenting opinion by Justice Blackmun with whom Jus- tice Brennan, Justice Marshall and Justice Stevens join. Dissenting opinion by Justice Stevens.

No. 89-453. Metro Broadcasting, Inc., Petitioner v. Federal Commu- nications Commission, et al.; and No. 89-700. Astroline Communications Company Limited Partner- ship, Petitioner v. Shurberg Broadcasting of Hartford, Inc., et al. On writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The judgment in No. 89-453 is affirmed, the judgment in No. 89-700 is reversed and the cases are remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Concurring opinion by Jus- tice Stevens. Dissenting opinion by Justice O'Connor with whom the Chief Justice, Justice Scalia and Justice Kennedy join. Dissenting opinion by Justice Kennedy with w7 hom Justice Scalia joins. The Chief Justice said: "I am authorized to announce that all cases submitted to the Court for decision have been acted upon by the Court. All other matters scheduled for Conference today will be released on an Order List

Thursday, June 28, 1990. Accordingly, it is ordered that those cases remaining on the docket, but not ready for consideration, are continued to the session of the Court beginning October 1, 1990. The Court will be in recess from today until the first Monday in Octo- ber 1990, at which time the October 1989 Term of the Court will be adjourned and the October 1990 Term of the Court will begin as provided by statute on the first Monday in October.

In closing, on behalf of each Justice, I thank each member of the Supreme Court staff for their continued dedication to the work of the Court during the Term. This dedication and its attendant professional- WEDNESDAY. JUNE 27. 1990 793 ism is recognized by the Bar and the public. Such dedicated service makes the heavy workload of the Court much easier for each Member of the Court.".

(JOURNAL) THURSDAY JUNE 28. 1990 795 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. 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. 88-421. Ashland Oil, Inc., Petitioner v. Herschel H. Rose, III, etc., et al. Appeal from the Circuit Court of Kanawha County, West Virginia. The motion of Committee on State Taxation of the Council of State Chambers of Commerce for leave to file a brief as amicus curiae is granted. The judgment is reversed and the case is remanded to the Circuit Court for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam.

No. 89-337. National Mines Corporation, Petitioner v. Michael E. Caryl, Tax Commissioner of the State of West Virginia. On petition for writ of certiorari to the Circuit Court of Kanawha County, West Vir- ginia. The petition for writ of certiorari is granted. The judgment is reversed and the case is remanded to the Circuit Court for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam.

Certiorari— Summary Disposition

No. 89-628. Mountain States Legal Foundation, et al., Petitioners v. National Wildlife Federation. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further consideration in light of Lujan v. National Wildlife Federation, 497 U.S. (1990). No. 89-1052. Three Buoys Houseboat Vacations U.S.A., Ltd., Peti- tioner v. Harvey G. Morts, 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 Sisson v. Ruby, 497 U.S. (1990). 796 THURSDAY JUNE 28. 1990

No. 89-1506. Joseph M. Gedan, et al., Petitioners v. Earle A. Partington, 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 Cooter & Gell v. Hartmarx Corporation, 496 U.S. (1990).

No. 89-1697. Patrick M. O'Riley, Petitioner v. Union Oil Company of California. On petition for writ of certiorari to the Court of Appeal of California, Second Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Second Appellate District, for further consideration in light of Tafflin v. Levitt, 493 U.S. (1990). Justice White, Justice Blackmun and Justice O'Connor dissent.

No. 89-1754. Texaco Refining and Marketing, Inc., et al, Petitioners v. Estate of Dau Van Tran, et al. On petition for writ of certiorari to the Court of Appeals of Texas, Ninth District. The motion of Maritime Law

Association of the United States 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 Court of Appeals of

Texas, Ninth District, for further consideration in light of Sisson v. Ruby, 497 U.S. (1990). Justice Stevens dissents.

No. 89-1760. Immuno, A.G., Petitioner v. Jan Moor Jankowski. On petition for writ of certiorari to the Court of Appeals of New York. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals of New York for further consideration in light of Milkovich v. Lorain Journal Co., 497 U.S. (1990).

No. 89-5396. Marvin Howard Bockting, Petitioner v. Nevada. On petition for writ of certiorari to the Supreme Court of Nevada. 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 Nevada for further consideration in light of Idaho v. Wright, 497 U.S. (1990).

No. 89-6260. Everette Randolph Huff, Petitioner v. North Carolina. On petition for writ of certiorari to the Supreme Court of North Caro- lina. 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 North Carolina THURSDAY JUNE 26. 1990 797

for further consideration in light of McKoy v. North Carolina, 494 U.S. (1990).

No. 89-6289. Roy Spotted War Bonnett, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in

light of Idaho v. Wright, 497 U.S. (1990).

Orders in Pending Cases

No. — . Charles K. Kanekoa, et al., Petitioners v. City and County of Honolulu, et al. The motion of Charles K. Kanekoa for leave to proceed in forma pauperis is granted. The motion for leave to proceed in forma pauperis without affidavits of indigency executed by petitioners Warren E. Kanekoa and Damien Mememai is denied.

No. A-844. Shahsultan Jaffer, Applicant v. Gilbert K. Granet, et al. The application for stay of lower court proceedings addressed to Justice Marshall and referred to the Court is denied.

No. A-881. Love Preston Thomas, et ux., Applicants v. Manufactur- ers Hanover Mortgage Corporation. The application for stay addressed to Justice Marshall and referred to the Court is denied. D-891. In the Matter of Disbarment of George A. Day. Disbarment order entered. Dissenting opinion by Justice Marshall with whom the Chief Justice joins.

No. 89-1889. Simon J. Pinhas, Petitioner v. Summit Health, Ltd., et al. The motion of the parties to expedite consideration of the cross-petition for a writ of certiorari, or in the alternative, to delay briefing in No. 89-1679, Summit Health, Ltd. v. Pinhas, is denied. No. 89-1929. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Massachusetts, et al. The motion of respondent to consolidate this case with No. 89-1391, Rust v. Sullivan and No. 89- 1392, New York v. Sullivan, is denied.

No. 89-7189. Nan Wei, Petitioner v. Delaware. The motion of petitioner for reconsideration of May 21, 1990, order denying leave to proceed in forma pauperis is denied.

No. 89-7272. Ronald Allen Harmelin, Petitioner v. Michigan. The motion for appointment of counsel is granted and it is ordered that

Carla J. Johnson, Esq., of Detroit, Michigan, is appointed to serve as counsel for the petitioner in this case. 798 THURSDAY JUNE 28, 1990

No. 89-7401. Paul A. Clarke, Petitioner v. West Virginia Board of Regents, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 19, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 89-1715. Cathy Burns, Petitioner v. Rick Reed. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit granted.

No. 89-1784. Insurance Company of the State of Pennsylvania, et al.,

Petitioners v. Ben Cooper, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 89-1629. Salve Regina College, Petitioner v. Sharon L. Russell. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted limited to Question 1 presented by the petition.

No. 89-5961. Robert Lacy Parker, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit granted.

No. 89-7260. William J. Burns, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

Certiorari Denied

No. 89-30. Janice Endsley, Executrix of the Estate of William

Endsley, Deceased, et al., Petitioners v. John Young. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1345. Beverly Hills Savings & Loan Association, et al., Peti- tioners v. Melvin Memphrey Carter. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. THURSDAY JUNE 28. 1990 799

No. 89-1366. Arden Brett Bullock, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 89-1454. James Hamilton, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 89-1567. Vincent Aspromonti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1569. Solid Waste Services, Inc., et al., Petitioners v. Eliza- beth Dole, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1570. Thomas H. Hajecate, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1593. Carl E. McAfee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1642. United Transportation Union, 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. 89^1643. Gordon Strube, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1710. Iron Workers Mid-South Pension Fund, et al, Petition- ers v. Borden Chemical. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1719. Joseph Pantoja, et al., Petitioners v. Texas Gas Trans- mission Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1720. Alvin Douglas, Petitioner v. Michael P. W. Stone, Sec- retary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1724. Celebrity World, Inc. and John Ledes, Petitioners i>. Celebrity Service International, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1725. Winston J. Perron, Petitioner v. Gulf Oil Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 800 THURSDAY JUNE 28. 1990

Xo. 89-1733. Gene A. Foreman. Petitioner v. Aetna Casualty & Surety Company. Petition for writ of certiorari to the Court of Appeals of Texas. Fourteenth District, denied.

Xo. 89-1741. Joseph Murray Hayse. Petitioner v. Board of Trustees of the University of Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-1742. Cleveland Christmas. Petitioner v. Joseph Marson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1746. Reliance Insurance Company. Petitioner v. Glados. Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Xo. S9-1747. Carlissa Churchill. Informal Administrator of the Es- tate of Patrick Churchill, Deceased, et al.. Petitioners v. FT Fiord, etc.. et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Xo. 89-1750. Local 4501. Communications Workers of America. Peti- tioner v. Ohio State University, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. Xo. 89-1751. Eastern Publishing and Advertising. Inc.. ta "Armed

Forces Xews". Petitioner v. Chesapeake Publishing and Advertising,

Inc.. ta "The Military Xews". et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 89-1752. C. Vernon Mason. Petitioner v. Departmental Discipli- nary Committee. Appellate Division of the Supreme Court of Xew

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

Xo. 89-1761. Troy D. Barnett, et al.. Petitioners v. Petro-Tex Chem- ical Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-1762. William Blythe Myers, et al.. Petitioners v. AP Pro- pane. Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 89-1763. Brenda Cornwell. Petitioner v. Gary Crawford and City of Riverside. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Xo. 89-1766. United Brotherhood of Carpenters and Joiners of

America. Union Xo. 1149. et al.. Petitioners v. Seaview Industries. Inc. Petition for writ of certiorari to the Court of Appeal of California. First Appellate District, denied. THURSDAY JUNE 28. 199< 801

Xo. 89-1783. Charles L. Meyer. Petitioner i\ State Bar of Texas: and

Charles L. Meyer. Petitioner v. Peter Lowry, Judge, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

Xo. 89-1792. Harold I. Pollack. Petitioner v. Edward G. Gruis and Eugene L. Krizek. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied.

Xo. 89-1803. Michael Schaefer. Petitioner v. Marjorie Gallego. etc.. et al. Petition for writ of certiorari to the Court of Appeal of California. Second Appellate District, denied.

Xo. 89-1809. H. Vaughn Townsend, et al.. Petitioners v. Henry G.

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

Xo. 89-1823. Stephen E. Kopcho. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Xo. 89-1825. Maria Graciela Ramirez. Petitioner v. Richard J.

Woods. Judge. District Court of Texas. Webb County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Xo. 89-1844. Richard Thomas McLendon. Petitioner v. Charles B. Pettey. Petition for writ of certiorari to the Court of Appeals of Texas. Twelfth District, denied.

Xo. 89-1872. City of Sansom Park. Texas, et al.. Petitioners v. Dana

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

Xo. 89-6917. Donnelle Gallion, Petitioner v. William Zinn. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Xo. 89-6988. Gary Clark. Petitioner r. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois. Fourth District, denied.

Xo. 89-7044. Willie Gene Lloyd, Jr.. Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California. Second Appellate District, denied.

Xo. 89-7051. Robert E. Lee. Petitioner v. Mary Flannigan, Adminis- trator, Menard Psychiatric Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Xo. 89-7069. Michelle M. Etlin, Petitioner v. Vladimir X. Etlin; and In Re Michelle M. Etlin. Petitioner. Petition for wit of certiorari to the Court of Appeals of Virginia denied. 802 THURSDAY JUNE 28, 1990

No. 89-7104. Ignuster Nunn, et al., Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-7182. Spencer T. Myers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7306. John Winston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7364. Raymond Hauges, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 89-7394. Ralph Lepiscopo, Petitioner v. Sam Esquibel, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7395. Darrell Johnson, Petitioner v. Walter Leapley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7410. Elma Lou Turner, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-7416. Raymond Accolla, Petitioner v. James Sullivan, Super- intendent, Sing Sing Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7417. Londell Watkins, Petitioner v. Edward Murray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7418. Clifford M. Curtis, Petitioner v. American Bakeries

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

No. 89-7419. Royce Calvin Sands, II, Petitioner v. Roger Crist,

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

No. 89-7420. Lee Edward Franklin, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. THURSDAY JUNE 28. 1990 803

No. 89-7424. Pierce Spillers, Petitioner v. Brenda Burns, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7426. James Wood, et ux., Petitioners v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied.

No. 89-7434. Clarence Davis, Petitioner v. Bryon Bush and Jeff C. Clames. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-7440. Wilbert Reed, Petitioner v. Edward W. Murray, Direc- tor, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7445. Quintin Littlejohn, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7446. James L. Martin, Petitioner v. Joseph J. Farnan, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7449. James L. Martin, Petitioner v. Daniel H. Huyett. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7450. Ralph M. Lepiscopo, Petitioner v. Karl L. Sannicks. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7453. Frances Evans, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

No. 89-7454. Basil Walker, Petitioner v. E. W. Jones, Superintend- ent, Great Meadows Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7457. Frederick M. Hilliard, Petitioner v. Thomas A. Fulcomer, Superintendent, Huntingdon Correctional Institution. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7458. Betty Jean Klacsmann, Petitioner v. Adrian Jensen. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 804 THURSDAY JUNE 28, 1990

No. 89-7459. Ralph M. Lepiscopo, Petitioner v. Robert J. Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7460. Frank Morgan, Petitioner v. Charles Rowe, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7461. Joseph William O'Melia, Petitioner v. Santa Monica Municipal Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7466. Gerald Rogers, Petitioner v. John Slansky, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7467. James Ramsey, Petitioner v. David Garraghty, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7470. Claude Earn Carter, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-7472. Curtis Leon Taylor, Petitioner v. J. W. Jones, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7500. Larry Williams, et ux.. Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7504. Eve Lyn Moerlien, Petitioner v. Helen Grgurinovich, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-7505. Jorge Mario Herrera, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7510. Richard C. Lussy, Petitioner v. Ticor Title Insurance Company. Petition for writ of certiorari to the Supreme Court of Mon- tana denied.

No. 89-7523. Bobby Boren, Petitioner v. N. L. Industries. Inc.. et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7529. Betty Jean Klacsmann, Petitioner v. Lockheed Space Operations Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. THURSDAY JUNE 28. 1990 805

No. 89-7538. William F. Manchester, Petitioner v. United States, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7562. Danny Lee Wey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-7580. James Michael Levine, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7601. Luis Eduardo Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7608. Walter A. Connor, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7612. Pearly Wilson, Petitioner v. Victor Kassicieh, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7630. Jameel-Ismail Hassan Saahir, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-7635. George Harris, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7636. Donald Gary King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7646. Sabrina L. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7650. Darryl Covington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. S9-7651. Albertus Fitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7660. James Sheffield, Petitioner v. John Keane, Superin- tendent, Sing Sing Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 806 THURSDAY JUNE 28. 1990

No. 89-7666. Reynaldo Hinojosa-Ramos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7670. Ceabon Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7673. George Paul Laroque, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7677. Maurice Sullivan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7680. Mary T. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7688. John Cialoni, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7690. Miguel Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7693. Charles M. Goree, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7709. Perry W. Hodgdon, II, Petitioners United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 88-1553. Samuel A. Lewis, Director, Arizona Department of

Corrections, et al., Petitioners v. John Harvey Adamson. 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. The Chief Justice, Justice White and Justice Scalia would grant the petition for a writ of certiorari, vacate the judgment and remand the case to the United States Court of Appeals for the

Ninth Circuit for further consideration in light of Walton v. Arizona, 497 U.S. (1990), Lewis v. Jeffers, 497 (1990) and Alabama v. Smith, 490 U.S. (1989). Justice O'Connor and Justice Kennedy took no part in the consideration or decision of this motion and this petition. THURSDAY JUNE 28. 1990 807

No. 88-6512. Nicholas Todd Sutton, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7332. Verneal Jimerson, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7444. Gregory Thompson, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7451. Harold Lamont Otey, Petitioner v. Gary Grammer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5008. Manuel Salazar, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5016. Laurence Keith Libberton, 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. 89-5121. James William Hamblen, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 89-5133. Edward Lonzo McCall, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-5146. Thomas V. Odle, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5219. William Young, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5232. John Paul Phillips, Petitioner r. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall. 808 THURSDAY JUNE 28. 1990

No. 89-5265. Viva Leroy Nash, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5435. Jerry Mahaffey. Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5443. Mario Flores, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5470. Richard C. Taylor, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5513. Steve Henley, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5545. William Bracy, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5616. Randy Lynn McKinney, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5633. Murray Hooper, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5635. David Earl Miller. Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5704. Stanley Edward Allen, Petitioner v. Walter 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. 89-5848. Charles A. Foster, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-5990. Edward Dean Kennedy, Petitioner v. Richard L. Dugger, Secretary. Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. THURSDAY JUNE 28, 1990 809

No. 89-6298. Kenneth Allen Stewart, 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. 89-6317. Alton Coleman, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6459. Robin Wayne Owens, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6461. Carl Jackson, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 89-6600. Lawrence Lee Buxton, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6626. Mark Henry Lankford, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6778. Robert T. Sidebottom, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 89-6870. Tafford Holman, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-6953. Andrew Kokoraleis, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7080. Anthony Bertolotti, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7178. Kenneth Lloyd Collins, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7474. Bobby Earl Lusk, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- 810 THURSDAY JUNE 28, 1990 tiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7512. Carl J. Isaacs, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 89-7528. Danial Siebert, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 88-7629. Robert Wayne Vickers, Petitioner v. Arizona. The petition for a writ of certiorari to the Supreme Court of Arizona is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. No. 89-867. F. & H. R. Farman-Farmaian Consulting Engineers

Firm, et al., Petitioners v. Harza Engineering Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 89-1556. Margaret T. Whitacre, Petitioner v. James F. Davey. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White would grant certiorari. No. 89-1372. Paul Delo, Superintendent, Potosi Correctional Center,

Petitioner v. Rayneld Newlon. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1757. Charles Scully, Superintendent, Greenhaven Correc- tional Facility, et al, Petitioners v. Frank C. Peterson. 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 Sec- ond Circuit denied.

No. 89-1425. Maryland, Petitioner v. Avery V. Ferrell. The motion of respondent for leave to proceed in forma pauperis without an affidavit of indigency executed by respondent is granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-1531. Earle A. Partington, Petitioner v. Joseph M. Gedan, et al. The motion of petitioner to strike suggestion of mootness is denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1882. Tom Foley, Petitioner v. WCCO TV, Inc., Steven Eckert and John Lindsay. Petition for writ of certiorari to the Court of THURSDAY JUNE 28, 1990 811

Appeals of Minnesota denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 89-7175. Darrell Beaulieu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting opinion by Justice White.

Common Law Certiorari Denied

No. 89-7507. In Re Arthur Brennan Malloy, Petitioner. The petitions for writ of certiorari is denied.

Mandamus Denied

No. 89-7581. In Re Talmon Hegwood, Jr., Petitioner; and

No. 89-7664. In Re Arthur D'Amario, III, Petitioner. The petition for writs of mandamus are denied.

Rehearings Denied

No. 89-333. California, Petitioner v. Federal Energy Regulatory

Commission, et al.;

No. 89-1574. General Motors Corporation, et al., Petitioners v. De- partment of Revenue of Alabama; and

No. 89-1587. Reynolds Metals Company, Petitioner v. James M. Sizemore, Jr., Commissioner of Revenue of Alabama;

No. 89-1592. Maria Graciela Ramirez, Petitioner v. United States;

No. 89-6243. Florentino Leal, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division;

No. 89-6494. Abraham Van Kojo Asante, Petitioner v. United States;

No. 89-6706. Sara White Berbick, Petitioner v. Provident National

Bank, et al.;

No. 89-6764. Sheila A. Scott, Petitioner v. Department of the Army;

No. 89-6912. Karen Taylor, Petitioner v. Department of Health and Human Services;

No. 89-6944. Ruth Cooper, Petitioner v. Remax Wyandotte County Real Estate, Inc., et al.;

No. 89-6972. Thomas W. Lake, Petitioner v. California;

No. 89-6976. Mary Ellen Klein, Appellant v. Massachusetts;

No. 89-6979. Dana Hamilton Fox, Petitioner v. United States De- partment of Interior; 812 THURSDAY JUNE 28. 1990

No. 89-6991. Robert Mikesell, Petitioners Department of Transpor- tation, National Transportation Safety Board and Federal Aviation Administration;

No. 89-7000. Ricky Allan Roe, Petitioner v. Texas;

No. 89-7009. Jose R. Castillo and Carmen Crespo, Petitioners v. United States;

No. 89-7017. Jorge B. Castillo, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division;

No. 89-7057. John Webster Flanagan, Petitioner v. United States;

No. 89-7070. Mitchell Williams, Petitioner v. Georgia; No. 89-7111. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper;

No. 89-7117. Thomas L. Baasch, Petitioner v. United States, et al.;

No. 89-7118. James L. Martin, Petitioner v. Supreme Court of Penn- sylvania, et al.;

No. 89-7119. James L. Martin, Petitioner v. Supreme Court of Pennsylvania;

No. 89-7126. James L. Martin, Petitioner v. Rowland Shank, et al.;

No. 89-7129. John Hawk-Bey, Petitioner v. United States;

No. 89-7173. James O. Kelley, Petitioner v. International Total

Services, Inc.,, et al.;

No. 89-7205. Wayne S. Donald, Petitioner v. United States Depart- ment of Education;

No. 89-7243. George McLaughlin, Petitioner v. Arthur Latessa;

No. 89-7263. John Whirty, Petitioner v. Arthur Latessa, Superin- tendent, Massachusetts Correctional Institution; and

No. 89-7285. Robert M. Cochran, Petitioner v. C. A. Turner, War- den. The petitions for rehearing are denied.

No. 89-1545. James D. Quarterman, et ux., Petitioners v. Commis- sioner of Internal Revenue. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied.

No. 89-7280. J. David Golub, Petitioner v. IBM Corporation, et aL; and J.David Golub, Petitioner v. Ernst & Whinney, et al.; and J.David

Golub, Petitioner v. Weiner & Co.; and David J. Golub, Petitioner v. University of Chicago. The petition for rehearing is denied. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this petition. THURSDAY JUNE 28. 1990 8 1 3 Recess Order

The Court will take a recess from today until the first Monday in Oc- tober, 1990,' at which time the October, 1989 Term will adjourn.

Admission to the Bar on Written Motion

Applicant City and State Movant

Carla Jane Johnson Detroit, MI James Sterling Lawrence

(JOURNAL) MONDAY. JULY 9. 1990 8 1 5 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-929. Brian Karem, Applicant v. Pat Priest, et al. The application for stay pending appeal to the United States Court of Appeals for the Fifth Circuit addressed to Justice Brennan and referred to the

Court is denied. Justice Brennan and Justice Marshall would grant the application for stay.

(JOURNAL i THURSDAY. JULY 12. 1990 817 SUPREME COURT OF THE UNITED STATES

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

Certiorari Denied

No. 90-5103. Wallace Norrell Thomas, Petitioner v. Charlie Jones, Warden. The application for stay of execution of sentence of death pre-

sented to Justice Kennedy and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) TUESDAY. JULY 17. 1990 819 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-43. Mikel James Derrick, Applicant v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death and certificate of probable cause presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Blackmun and Justice Stevens would grant the application for stay.

(JOURNAL) WEDNESDAY. JULY IS. 1990 821 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-46. Richard L. Dugger, Secretary, Florida Department of

Corrections, Applicant v. James William Hamblen. The application of the Attorney General of Florida for an order to vacate the stay of execution of sentence of death entered by the United States Court of Ap- peals for the Eleventh Circuit presented to Justice Kennedy and by him referred to the Court is denied.

(JOURNAL) THURSDAY. JULY 19. 1990 823 SUPREME COURT OF THE UNITED STATES

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

Orders in Pending Cases

No. A-48. Richard L. Dugger, Secretary, Florida Department of

Corrections, Applicant v. Jerry White. The application of the Attorney General of Florida for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit presented to Justice Kennedy and by him referred to the Court is denied.

No. 90-5195. Richard T. Boggs, Petitioner v. Raymond Muncy, War- den. The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) MONDAY. JULY 23. 1990 825 SUPREME COURT OF THE UNITED STATES

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

Assignment Order

Pursuant to the provisions of Title 28 U.S.C. Section 42, it is ordered that the Chief Justice be, and he is hereby, assigned to the First Circuit and the Third Circuit as Circuit Justice, effective July 20, 1990, pending further order.

(JOURNAL) FRIDAY. JULY 27. 1990 827 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-77. Anthony Bertolotti, Applicant v. Richard L. Dugger, Sec- retary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Marshall.

(JOURNAL) TUESDAY. AUGUST 7. 1990 829 SUPREME COURT OF THE UNITED STATES

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

Order

Pursuant to the provisions of Title 28 U.S.C. Section 42, it is ordered that Justice Blackmun be, and he is hereby, assigned to the First Cir- cuit as Circuit Justice, effective August 7, 1990, pending further order.

Pursuant to the provisions of Title 28 U.S.C. Section 42, it is ordered that Justice Stevens be, and he is hereby, assigned to the Third Circuit as Circuit Justice, effective August 7, 1990, pending further order. It is further ordered that the order entered July 23, 1990, assigning the Chief Justice to the First Circuit and to the Third Circuit as Circuit

Justice is vacated.

(JOURNAL) MONDAY. AUGUST 13. 1990 831 SUPREME COURT OF THE UNITED STATES

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

Orders in Pending Cases

No. D-876. In the Matter of Disbarment of Thomas P. Tobin. Disbar- ment order entered. No. D-882. In the Matter of Disbarment of Thomas W. Tierney. Dis- barment order entered. No. D-889. In the Matter of Disbarment of Jack Martin Mazur. Dis- barment order entered. No. D-898. In the Matter of Disbarment of Frank Allan Kelly. Dis- barment order entered. No. D-903. In the Matter of Disbarment of Gary L. Hagman. Disbar- ment order entered.

No. D-915. In the Matter of Disbarment of Bruce G. Kokernak. It is ordered that Bruce G. Kokernak, of Sarasota, 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-916. In the Matter of Disbarment of Robert Bruce Johnstone.

It is ordered that Robert Bruce Johnstone, of Eagle Creek, Oregon, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-917. In the Matter of Disbarment of Barry J. Henderson. It is ordered that Barry J. Henderson, of Baltimore, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-918. In the Matter of Disbarment of Howell Lovell, Jr. It is ordered that Howell Lovell, Jr., of San Francisco, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-919. In the Matter of Disbarment of John A. Nichols. It is ordered that John A. Nichols, of Parchman, Mississippi, be suspended 832 MONDAY. AUGUST 13. 1990 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-920. In the Matter of Disbarment of James Colvin Dodge. It is ordered that James Colvin Dodge, of West Liberty, 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-921. In the Matter of Disbarment of David Harrison Yinger,

Jr. It is ordered that David Harrison Yinger, Jr. , of Frederick, Mary- land, 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-922. In the Matter of Disbarment of Ralph Weiss. It is ordered that Ralph Weiss, of Baltimore, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-923. In the Matter of Disbarment of Charles Stanley Morrow. It is ordered that Charles Stanley Morrow, of Mars, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to showT cause why he should not be disbarred from the practice of lawr in this Court.

No. 89-6967. Kevin Burke, Petitioner v. Howard L. Beyer. The application for bail addressed to Justice White and referred to the

Court is denied. Rehearings Denied

No. 88-1943. Office of Personnel Management, Petitioner v. Charles Richmond;

No. 89-1509. Richard J. Wagner, Petitioner v. United States Bank- ruptcy Court;

No. 89-1551. Johnny L. Pogue, Petitioner v. White Stone Baptist Church and Roosevelt Turner;

No. 89-1682. Alan J. Stalheim, Petitioner v. Albert Lea Medical Sur- gical Center, Ltd., et al.;

No. 89-1693. John E. Norton, Petitioner v. Paul C. Nicholson, et al;

No. 89-1767. Chester A. Wilk, et al., Petitioners v. Joint Commis- sion on Accreditation of Hospitals, et al.; MONDAY. AUGUST 13. 1990 833

No. 89-5962, William Henry Taylor, Petitioner v. United States;

No. 89-6223. Lawrence Sigmond Bittaker, Petitioner v. California;

No. 89-6778. Robert T. Sidebottom, Petitioner v. Missouri;

No. 89-6795. Andrew McCarter, Petitioner v. California;

No. 89-6882. Victor Vernard Roberts, Petitioner v. Georgia; No. 89-6889. In Re Ralph McFadden, Petitioner;

No. 89-6920. Henry Daniel Stull, Petitioner v. United States;

No. 89-7048. David Loomus Cargill, Petitioner v. Walter Zant, Warden;

No. 89-7095. Ralph McFadden, Petitioner v. Commissioner of Inter- nal Revenue; No. 89-7109. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper;

No. 89-7146. Darryl Eugene Freeman, Petitioner v. Alabama;

No. 89-7150. Robert Salsman, et ux., Petitioners v. United States;

No. 89-7212. Dennis Everson, Petitioner v. John Ott, et al.;

No. 89-7224. Damon Henry Downs, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division;

No. 89-7238. Abdul Wakil Amiri, Petitioner v. Norma H. Johnson, Judge, United States District Court for District of Columbia;

No. 89-7239. Abdul Wakil Amiri, Petitioner v. District of Columbia, et al.;

No. 89-7253. Edward Lee Elmore, Petitioner v. South Carolina;

No. 89-7259. Nicholas E. Fluker, Jr., Petitioner v. J. R. Townsend;

No. 89-7266. Michael Sindram, Petitioner v. District of Columbia, et al;

No. 89-7273. George Jackson, et ux., Petitioners v. Gwendolyn Dixon-Bookman;

No. 89-7275. Phillip McCollum, Petitioner v. Indiana;

No. 89-7277. Gary Lee McColpin, Petitioner v. City of Wichita, et al.;

No. 89-7314. Thomas Warren Whisenhant, Petitioner v. Alabama; No. 89-7347. In Re Jackie Brooks;

No. 89-7377. Warren Wexler, Petitioner v. Department of the Interior; No. 89-7423. In Re Kwasi Seitu, Petitioner;

No. 89-7446. James L. Martin, Petitioner v. Joseph J. Farnan, Jr.; 834 MONDAY, AUGUST 13. 1990

No. 89-7449. James L. Martin, Petitioner v. Daniel H. Huyett; and

No. 89-7474. Bobby Earl Lusk, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. The petitions for rehearing are denied.

No. 89-243. Eli Lilly and Company, Petitioner v. Medtronic, Inc. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 89-6285. Olivia Chambers, Petitioner v. Office of Federal Con- tract Compliance Programs, et al. The motion for leave to file a petition for rehearing is denied. (JOURNAL) WEDNESDAY. AUGUST 15. 1990 835 SUPREME COURT OF THE UNITED STATES

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

No. 90-5248. Michael Allen Williams, Petitioner v. California. The application for stay of execution of sentence of death presented to Jus- tice O'Connor and by her referred to the Court is denied. The petition

for writ of certiorari to the Supreme Court of California is denied. Dis- senting statement by Justice Marshall.

(JOURNAL) TUESDAY. AUGUST 21, 1990 837 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. 89-6324. William N. Moore, Petitioner v. Walter Zant, Superin- tendent, Georgia Diagnostic and Classification Center. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is granted pending this Court's action on the petition for rehearing. The respondent is invited to file a response to the petition for rehearing within thirty days.

(JOURNAL) MONDAY, AUGUST 30. 1990 839 SUPREME COURT OF THE UNITED STATES

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

Orders in Pending Cases

No. 89-1080. Board of Education of Oklahoma City Public Schools, Independent School District No. 89, Oklahoma County, Oklahoma, Pe- titioner v. Robert L. Dowell, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1149. Coy R. Grogan, et al., Petitioners v. Frank J. Garner, Jr. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1298. Ingersoll-Rand Company, Petitioner v. Perry McClendon. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1436. United States, Petitioners. R. Enterprises, Inc., et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted. The motion of respondents for divided argument is denied.

No. 89-1448. Virginia Bankshares, Inc., et al, Petitioners v. Doris I.

Sandberg, et al. The motion of American Corporate Counsel Associa- tion, et al. for leave to file a brief as amici curiae is granted. The motion of American Bankers Association, et al. for leave to file a brief as amici curiae is granted. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1646. United States, et al, Petitioners v. Marcus S. Smith, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana. The motion of Coalition for the Fundamental Rights and Equality of Ex-Pa- tients for leave to file a brief as amicus curiae is granted.

No. 89-6332. Robert S. Minnick, Petitioner v. Mississippi. The motion of Mississippi State Bar for leave to file a brief as amicus curiae is granted. 840 MONDAY. AUGUST 30. 1990

No. 89-6967. Kevin Burke, Petitioner v. Howard L. Beyer. The application for transfer addressed to Justice O'Connor and referred to the Court is denied.

No. 90-272. Tyrone Brooks, et al., Appellants v. Georgia State Board of Elections, et al. The application for injunction and stay pending appeal addressed to Justice White and referred to the Court is denied. Rehearings Denied

No. 88-1872. Cynthia Rutan, et al., Petitioners v. Republican Party of Illinois, et al.; and

No. 88-2074. Mark Freeh, et al., Petitioners v. Cynthia Rutan, et al.;

No. 88-7318. James Russell Cain, Petitioner v. South Carolina;

No. 88-7332. Verneal Jimerson, Petitioner v. Illinois;

No. 88-7351. Jeffrey Alan Walton, Petitioner v. Arizona;

No. 88-7629. Robert Wayne Vickers, Petitioner v. Arizona; No. 89-189. Samuel A. Lewis, Director, Arizona Department of Cor- rections, et al., Petitioners v. Jimmie Wayne Jeffers; No. 89-453. Metro Broadcasting, Inc., Petitioners. Federal Commu- nications Commission, et al.;

No. 89-1687. Communications Satellite Corporation, Petitioner v.

Federal Communcations Commission, et al.;

No. 89-1703. Reginald B. Snyder, Petitioner v. Christopher Lewis, Secretary of the Commonwealth of Pennsylvania;

No. 89-1783. Charles L. Meyer, . Petitioner v. State Bar of Texas and

Charles L. Meyer, Petitioner v. Peter Lowry, Judge, et al.;

No. 89-5008. Manuel Salazar, Petitioner v. Illinois;

No. 89-5016. Laurence Keith Libberton, Petitioner v. Arizona;

No. 89-5146. Thomas V. Odle, Petitioner v. Illinois;

No. 89-5219. William Young, Petitioner v. Illinois;

No. 89-5232. John Paul Phillips, Petitioner v. Illinois;

No. 89-5346. William J. Bradley, Petitioner v. Ohio;

No. 89-5443. Mario Flores, Petitioner v. Illinois;

No. 89-5616. Randy Lynn McKinney, Petitioner v. Idaho;

No. 89-5635. David Earl Miller, Petitioner v. Tennessee;

No. 89-5704. Stanley Edward Allen, Petitioner v. Walter Zant, Su- perintendent, Georgia Diagnostic and Classification Center;

No. 89-5809. Robert Sawyer, Petitioner v. Larry Smith, Interim Warden; ;

MONDAY, AUGUST 30, 1990 841

No. 89-5934. William Thomas Cartwright, Petitioner v. Oklahoma;

No. 89-6317. Alton Coleman, Petitioner v. Illinois;

No. 89-6459. Robin Wayne Owens, Petitioner v. Illinois;

No. 89-6626. Mark Henry Lankford, Petitioner v. Idaho;

No. 89-6870. Tafford Holman, Petitioner v. Illinois;

No. 89-6953. Andrew Kokoraleis, Petitioner v. Illinois;

No. 89-7110. Theodore C. Knapp, Petitioner v. Herbert Maschner,

et al.

No. 89-7213. George Ford and Arbary P. Jackson, Petitioners v.

William Rutledge, et al.; No. 89-7353. Robert Christopherson and Jeanette Christopherson,

Petitioners v. Shawano County;

No. 89-7375. Robert Kurtz, Petitioner v. Robert D. Edmiston, Su-

perintendent, Southern State Correctional Facility, et al.;

No. 89-7380. Ronald Barrow, Petitioner v. Illinois;

No. 89-7416. Raymond Accolla, Petitioner v. James Sullivan, Super-

intendent, Sing Sing Correctional Facility, et al.;

No. 89-7418. Clifford M. Curtis, Petitioner v. American Bakeries

Company, et al.;

No. 89-7512. Carl J. Isaacs, Petitioner v. Georgia; and

No. 89-7579. Ahmad Mukhtar, Petitioner v. United States. The petitions for rehearing are denied.

No. 89-1380. Randy William Crider, Petitioner v. United States. The motion of petitioner to defer consideration of the petition for rehearing

is denied. The petition for rehearing is denied.

No. 89-1803. Michael Schaefer, Petitioner v. Marjorie Gallego, etc.,

et al. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied. No. 89-7350. In Re Raymond Swentek, Petitioner. The motion for leave to file a petition for rehearing is denied.

Certiorari Denied

No. 90-5581. George C. Gilmore, Petitioner v. Paul Delo, Superin- tendent, Potosi Correctional Center. The application for stay of execution of sentence of death presented to Justice Blackmun and by him re-

ferred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit is denied. Dis- MONDAY, AUGUST 30. 1990 senting statement by Justice Marshall. Justice Scalia took no part in the consideration or decision of this application and this petition. (JOURNAL) FRIDAY. AUGUST 31. 1990 843 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-169. George C. Gilmore, Applicant v. Missouri. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Marshall. Justice Scalia took no part in the consideration or decision of this application.

Certiorari Denied

No. 90-5599. George C. Gilmore, Petitioner v. Paul Delo, Superin- tendent, Potosi Correctional Center. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. The petition for writ of certiorari to the

United States Court of Appeals for the Eighth Circuit is denied. Dis- senting statement by Justice Marshall. Justice Scalia took no part in the consideration or decision of this application and this petition.

(JOURNAL) WEDNESDAY. SEPTEMBER 5. 1990 845 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-178. A. L. Lockhart, Director, Arkansas Department of Cor- rection, Applicant v. Barry Lee Fairchild. The application of the Attor- ney General of Arkansas for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eighth Circuit presented to Justice Blackmun and by him referred to the Court is denied.

(JOURNAL) THURSDAY, SEPTEMBER 6. 1990 847 SUPREME COURT OF THE UNITED STATES

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

No. 90-5610. Barry Lee Fairchild, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit is denied. Dissenting statement by Justice Marshall.

(JOURNAL) SUNDAY, SEPTEMBER 9, 1990 849 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-192. Charles Troy Coleman, Applicant v. Oklahoma Pardon and Parole Board, et al. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Marshall. Justice Blackmun took no part in the consideration or decision of this application. Certiorari Denied

No. 90-5669. Charles Troy Coleman, Petitioner v. James Saffle, Warden, Oklahoma State Penitentiary. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit is denied. Dis- senting statement by Justice Marshall. Justice Blackmun took no part in the consideration or decision of this application and this petition.

(JOURNAL) TUESDAY. SEPTEMBER 11. 1990 851 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-193. Charles Silagy and Walter Stewart, Applicants v. James R. Thompson, Governor of Illinois, et al. The application for a temporary injunction presented to Justice Stevens and by him referred to the Court is denied. Justice Marshall would grant the application. Justice Blackmun took no part in the consideration or decision of this application.

(JOURNAL) THURSDAY, SEPTEMBER 20, 1990 853 SUPREME COURT OF THE UNITED STATES

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

Order in Pending Case

No. A-223. James William Hamblen, Applicant v. Richard L. Bug- ger, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Marshall.

Admissions to the Bar on Written Motions

July 16, 1990

Applicant City and State Movant

Frank M. Andrews Jr. Riverton, WY Alan Kooi Simpson Jack M. Anthony Dallas, TX David W. Townend John L. Avant Baton Rouge, LA Floyd J. Falcon Jr. Ronald G. Backer Pittsburgh, PA Thomas R. Solomich Orrin Dole Baird Washington, DC Margaret Phillis Payne Amelia Waller Baker Atlanta, GA Michael J. Bowers Catherine M. Ballard Columbus, OH Elbert Jacob Kram Michael Scott Barksdale Atlanta, GA Stephen H. McElwee David S. Bartel Minneapolis, MN Peter S. Popovich John William Beckham Jr. Savannah, GA Charles Morrison Taylor II Wiley Jerrell Beevers Metairie, LA Jerome Friedman Richard E. Blohm Jr. Houston, TX Ferdinand P. Cribbs Jr. 854 THURSDAY. SEPTEMBER 20. 1990

Applicant City and State Movant

Sandra E. Booth Columbus, OH Charles V. Schwenker David W. Bouchard Suffolk, VA James Ashford Metcalfe Hildy Bowbeer Minneapolis, MN Wayne D. Struble Roy Edward Brewer Sacramento, CA James C. Rinaman Jr. Constance G. Brigham Los Angeles, CA Roger Joseph Nichols Estelle Bronstein Flemington, NJ Michaelene Loughlin Walter R. Brookhart Houston, TX Margaret E. Anderson John C. Brzustowicz Pittsburgh, PA Charles C. Keller Michael Darren Burt Shalimar, FL Ronald George Morgan C. James Bushman Houston, TX Margaret E. Anderson Naomi R. Cahn Washington, DC Judy Lyons Wolf Peter B. Camp Seattle, WA Stuart Gregory Oles William M. Cannon Milwaukee, WI Thomas Cannon James M. Caplinger Jr. Topeka, KS Frank A. Caro Jr. Kenneth Joseph Anaheim, CA James W. Catanzarite Wimberly, Jr. Matthew P. Chenevert New Orleans, LA Russ M. Herman Allen R. Clarke Phoenix, AZ John P. Frank

Richard Simon Cleary Louisville, KY William J. Curtin Ward D. Coffman III Zanesville, OH James B. Stubbins Mark Alan Colbert Little Rock, AR Charles Darwin Davidson Gerald A. Coleman West Memphis, James A. Johnson AR Jr. Bruce Edward Colodny Orange, CA H. Dean Steward

Paul J. Connolly Albany, NY Daniel A. Whalen III THURSDAY. SEPTEMBER 20. 1990 855

Applicant City and State Movant

Donna M. Crisalli Washington, DC Joseph Bart Gilbert John Francis Crowley Basking Ridge, Richard E. NJ Brennan Debra H. Dawahare Lexington, KY Chauncey S. R. Curtz Michael Vincent Dentico Las Vegas, NV William Henry Smith Philip Charles Denton St. Louis, MO James E. Hullverson Jr. David F. Dickinson Monroe, GA John Hannay Affleck Jr. Edward F. Diedrich DeKalb, IL T. Jordan Gallagher Donna Dougherty Philadelphia, PA Susan L. Anderson James Scott Drew Bend, OR Albert Alan Menashe Michael F. Duhl Chicago, IL Michael M. Conway Donnelly Andrew Dybus Tucson, AZ James Joseph Roche Albert Cyril Eaton Orlando, FL Ralph G. Decker George Lukens Edgar Washington, DC Harold F. Reis Gregory Blane Enos Houston, TX David J. Healey Randall Harvey Erben San Antonio, TX Robert Alexander Price IV Steven Allyn Feinman Hollywood, FL Brian Murray Berman David Stewart Fleming Chicago, IL Nancy Schaefer

Martin J. Foley Los Angeles, CA Robert F. Scoular Richard D. Frazier Springfield, IL Charles Milton Schiedel

Terry J. Frieberger New Orleans, LA Wood Brown, III John S. Friscia Staten Island, NY Anthony Louis Ameduri George Edward Furtado East Providence, Daniel T. Carrillo RI 856 THURSDAY. SEPTEMBER 20, 1990

Applicant City and State Movant

Bradley F. Gandrup Jr New York, NY John R. Geraghty Gary P. Garrison Odessa, TX Warren Heagy Mario Martin Garza Houston, TX Gordon Gooch Oren Kneale Gelvin Jr. Oklahoma City, Mack Kelly Martin OK Gerry Stephen Gibson West Palm Beach, Joseph P. Klock FL Jr. W. Thomas Gilman Wichita, KS Thomas Edward Malone Kathleen Elizabeth Gnekow Sacramento, CA Robert Harvey Connett Stanley A. Goldsmith Sarasota, FL Irving Isaac Saul Jeffrey Lawrence Goodman Des Moines, IA Charles W. Larson

William J. Grealis Washington, DC Ronald Maurice Johnson

Thomas Joseph Greco Washington, DC John J. Gill III Keith E. Gregory Las Vegas, NV William Hunt Stoddard Michael T. Greif Miami, FL James F. Jorden Earle Thomas Hale Los Angeles, CA Martin E. Jacobs George B. Hall Jr. New Orleans, LA Harry S. Redmon, Jr. Phillip L. B. Halpern San Diego, CA Sol Halpern Carole Hann San Francisco, CA Marie Mae Moffat

Thomas J. Harbinson Shakopee, MN Steven P. Russett Thomas Miller Harmon Long Beach, CA James Hedrick Harmon Marty Harper Phoenix, AZ John P. Frank Suzanne Harris Lakeland, FL Nora Leto Maryann C. Hayes Chicago, IL Francis J. McGarr Tony W. Haynie Tulsa, OK John S. Athens H. Scott Hecker Fort Lauderdale, Nels Raymond FL Pearson Fred Lewis Heene Pomona, CA John Albert Radcliffe THURSDAY. SEPTEMBER 20. 1990 857

Applicant City and State Movant

David Richard Herndon Wood River, IL Paul E. Riley Jeffrey Don Herrington Palestine, TX Harold L. Kennedy James Richard Holmes New Orleans, LA James R. Sutterneld Philip Robert Horowitz Miami, FL Hugh Harris Bernstein Kenneth L. Hosford Tallahassee, FL Jack F. White, Jr.

Michael J. Jensen Anchorage, AK Philip J. McCarthy, Jr. W. Henry Jernigan Jr. Lexington, KY W. Warren Upton Teresa Diane Jones Sarasota, FL James H. Burgess Jr. Robert E. Jones Clayton, MO Robert C. Jones, Jr. Charles H. Junek III Violet, LA William P. Schuler Cheryl Denny Justice Los Angeles, CA Theodore B. Olson James William Bronx, NY Stephen Robert Kachadoorian Bookin Robert David Kalinoski Baltimore, MD James Marshall Kramon Dan J. Kazanas St. Louis, MO John Anthony Kilo Christine Woodward Kelso El Paso, TX Elizabeth Rogers Robert Francis Kemp Chicago, IL Richard A. Posner Robert Jay Kessler Baltimore, MD James S. Salkin Robert Elmonte Kinney Orofino, ID Allen Vernon Bowles Ky E. Booth Kirby Washington, DC Paul J. Kaleta Daniel David Kistler Houston, TX Robert L. Collins David La Croix Tallahassee, FL Carl R. Pennington, Jr.

Thomas J. LaLanne San Francisco, CA William Beal Dunn Paul J. Lambert Bethesda, MD Joseph Charles Zengerle

Ralph I. Lancaster Jr. Portland, ME Fred C. Scribner, Jr. 858 THURSDAY. SEPTEMBER 20. 1990

Applicant City and State Movant

John F. Landrum New Orleans, LA M. Truman Woodward Jr. Mark D. Laponsky Washington, DC Robert Brian Fitzpatrick Steve Larson-Jackson Washington, DC Joseph Lehman Steinfeld, Jr. Thomas C. Lee San Francisco, CA Andrew L. Weil

Anthony F. Leonardo Jr. Rochester, NY James J. Piampian Bernard Michael Lesavoy Allentown, PA Howard Alan Wiener Steven Leonard Lewin Los Angeles, CA Howard E. Beckler Victor R. Lingan Carson, CA Melencio Red Recana

Cynthia Maria Wimer Lobo Washington, DC Gerald I. Fisher James Lowell Lozenski Berkeley, CA Manuel E. Nestle Craig Douglas Magnusson Seattle, WA Dale R. Ulin Daniel W. Maguire Los Angeles, CA John L. Endicott Scott Thane Maker Portland, ME Fred C. Scribner, Jr. Daniel E. Manville Detroit, MI Michael Travis Payne

David John Martin New Orleans, LA Robert J. Reining Benny Morris Martin Richmond, VA Robert Tayloe Ross James E. Mayberry Las Vegas, NV Dominic Pasquale Gentile Nora T. McClure Clearwater, FL Ronald Jon Eide Leon Marshall McCorkle Jr. Columbus, OH Thomas B. Ridgley

Michael S. McDonald El Paso, TX Elizabeth Rogers Katherine D. McDowell Taunton, MA Thomas P. Gay George Lewis McDowell Jr. Baltimore, MD James S. Salkin

John J. McGivney Boston, MA Thomas David Burns Kathleen A. McGowan San Antonio, TX Daniel A. Naranjo A .

THURSDAY. SEPTEMBER 20. 1990 859

Applicant City and State Movant

Kevin Michael McGuire Lexington, KY W. Warren Upton

IjUWlIi IN. iVxClIl LUbli P)pq IVToinpQ TA J-yUIidiU.Plnnnlrl rl.A W^npVV lllc

Rv^rrio ^r^r\f"f' Tio^tio O. Ljyilll IVxdx It; IVxLxvcllZilfc: KjPnllrrmnLtilliidli, riiiAT, xjx^Lc OLULL LJcx\ lb

O Ull lVlcx Lex rxUUbLUll, 1 UU1111TnVin XV.P xvlxT\irkx\ 01.Tv jjwigni ii. ivxerriam xiarLiora, iLawaru r xicllllcbbcj v^ecnia ivi. iviicnei IVxlllllcdpUllb, lVlIN udniei lviarLin OLULL Mow* T UUlldlU. -Dux L lVxlLLlltrll tlx. VV dolllllg LU11, LJ\j IVxdl L xj .

r ltrlbLlldxVtrx r x ctllvlo A. lVlUHLUdLH Npw1>CW Yorkx Ux xv, NYIN X OLcjJlltrll IVxUI Lllllcl

Josenh C Morelli West Hartford, CharlesVy lltil IvO ArthurXXX til til CT Maglieri Randall W Morse Houston TX David Randall Hurley

Michael Josenh Motto DavennortJ—' CX V ^IIL/Vl L/ * IAX X X Michael1'lIV.ll CX V. X KXX.* BushXJ VXOll

PaulX CX Hi X-/.D XTXMvrickV X X V- X\ J.PairhoDPCiXX XlV^/k/V^, iiJJAT j Frank McRio*ht To-ripf Nunnl itfinn tldllcL l» dJJUHLdllU PhopnivX IlUGlllA, il/jA 7 eJ Ullll X . 1 I dllx\

.TV iviviiaiPipliardu xFranklinx diixMxxi iicciNppI o i • Alpvandria VA XFpliYCll^V XJCilRpniaminJdllllll Laughlin

Tpmpo P Nplcinn Vpntnrji P, A tldlliCo X . IN CloUIl tldlliCo XV. LiUCUl

.TnlipLX11C A viva 1>Npl

FriedmanX X X VX1 1 xcxxx

StpnVipn A Nif»hola

~~K nyin OT" ri P^ V> q v* 1 DC NJnnvi Q n P^lr*r• xvtillllcLll 1 1 dl lco IN UUI Igldllm OdllSsn X/lcgU,Dipcrn v^nPA TVinmcici IlUlIldb X3dlx Gorrill~~

OarvVJ CXI V XNorwood1 Ui V V uuu Midland TX .Tohntj wiiii Oarvvj cxi \ iiTTvdpyuc r,nwT Uirn a JJc UOI all xvallUei SOU IVxlUldllU,Mirllcmrl TY1 dT^rlTluiiii vjrdi y nyutr Norwood David Strauss Oppenheim Greenwood Dolores Blanke Village, CO Kopel Joseph W. Oxley Middletown, NJ William Francis Dowd William Bracken Parker Ventura, CA James D. Loebl Wayne C. Parsil Lancaster, PA William Watt Campbell 860 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

John Y. Pearson Jr. Norfolk, VA Conrad M. Shumadine Richard Pertz Remsen, NY James W. Morgan Scott Harvey Peters San Diego, CA David C. Doyle Edward L. Pina San Antonio, TX Daniel A. Naranjo Bryan T. Pope Dallas, TX David Bruce Pope Jon Peter Popowski Columbia, SC Thomas Haywood Curlee, Jr. Martin William Pozefsky Saratoga Springs, James A. Murphy, NY Jr. Laurence F. Pulgram San Francisco, CA Jerome B. Falk, Jr. Rita Jeanne Radostitz Eugene, OR Steven T. Wax Curtis A. Rankin San Luis Obispo, Joe Reeves CA Lamport Steven Frederick Reich Washington, DC Mark H. Lynch Jon L. Rewinski Los Angeles, CA Godfrey Isaac Bryan Wesley Reynolds St. Petersburg, Anthony FL Rondolino Rhonda Alicia Rhodes Chicago, IL John C. Lifland Stephen H. Ringkamp St. Louis, MO James E. Hullverson, Jr. Roger Wade Rizk Jacksonville, FL Joseph Payne Milton Michael Charles Rosendorf Baltimore, MD Edward Kenneth Gerner, Jr. Julie Thomas Rowland Tulsa, OK David Henry Welch Michael Stanley Rywant Tampa, FL Paul William Danahy Jr. Alan Robert Sacks New Orleans, LA William Patrick Quigley Gordon D. Schaber Sacramento, CA John E. Ryan Susan E. Schechter Washington, DC Matthew Joel Zinn William S. Scherman Washington, DC Jerome M. Feit Marsha Rockey Schermer Columbus, OH Robert Morton Duncan THURSDAY. SEPTEMBER 20. 1990 861

~~Applicant City and State Movant~~

Sally G. Schmidt Lake Worth, FL Nora Leto Mark Andrew Schramm Chicago, IL Thomas R. Challos Jr. Jerome M. Schwartz Detroit, MI John K. Lawrence John Arthur Sebastinelli San Francisco, CA Raul Valadez Aguilar Douglas Mark Selwyn Houston, TX Richard Josef Davis Jr. Monroe A. Semble Center Moriches, George Grun NY Robert Sterling Settles Antlers, OK Wiliam Roger Mullins Abraham N. M. Shashy Jr. Dallas, TX Kenneth W. Gideon Peter Louis Sissman Arlington, VA Thomas W. Farquhar Mary Lee Skaff Omaha, NE David James Cullan Brian David Smith Shreveport, LA James Brewster Gardner Jonathan B. Smith Kalispell, MT Calbin S. Robinson

Wendell I. Smith Oklahoma City, Robert H. Macy OK David Allen Smith Newport Beach, Michael Ray CA Pfeifer Percy Squire Columbus, OH James Sturgis Monahan Craig Edward Stein Miami, FL Arthur Jay England Jr. Linda Singer Stein Miami, FL John Michael Murray John Michael Stephen Columbus, OH Earl F. Morris Claude M. Stern San Francisco, CA Stephen N. Roberts Richard Albert Talda Columbus, OH John Jonas Chester III _

~~862 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

~~a Dora Thomas rpTucson, AZr/ BarryT"» DavidT^v * 1 HalpernT T 1~~

T"> „ „4- 1 ^ „ J T~) T~>,, ii T\/r*n Anne W. Thompson Portland, OK Kussell Miller Allen Roy B. Thompson Portland, OR Russell Miller AllenAll oteven u. lipler Birmingham, AL R. Benjamin TT ^ TTT rlogan 111

~~TT J T i-j. rredric W. lokars Atlanta, GA Howard Jarrett Weintraub rp t~> rp ,11 lony_ r. irimble Minneapolis, MN Sydney Barrows~~

~~T"> 1 1 T 7 T 71 Richard George Tulhs San Francisco, CA Ronald Van Vlear rpi t Ihunen, Jr.~~

~~Michael S. Tyde Ponte Vedra Stephen Vincent "D i T71T T)l J Beach, r L Bledsoe Paul F. Utrecht Oakland, CA Vaughn R. Walker~~

~~T~v 1 1 rp "vr t h it • 1 1 David F. Vedral Dallas, TX J. Michael Alexander~~

~~TV • 1 n/r T 7 1 t^v 1 1 rp"vr David M. Vereeke Dallas, TX David W. Townend Thomas Edward Wagner Juneau, AK John Peter TT.Wagnert~~

~~T~» ' "Pv TT T 11 /~\ 1 T A t t» n Brian D. Wallace NewXT Orleans, LA James Bradley TT" T Kemp, Jr. M. Jacqueline Waltner Chicago, 1L Kenneth LeRoy Jones~~

~~John r . Ward Chicago, 1L oheldon lvl. Charone~~

David Lorin Warg Minneapolis, ivlJN Mark W. Peterson Thomas Patrick Washburn Austin, 1a Joseph C. Boggins Meir J. Westreich Glendale, CA Paul Lindsey Hoffman Bruce B. Weyhrauch Angoon, AK Rodger W. Pegues William A. Widmer III Chicago, IL Sheldon M. Charone THURSDAY. SEPTEMBER 20. 1990 863

~~Applicant City and State Movant~~

~~Richard Roy Wiebe San Francisco, CA Thomas M. Peterson David D. Wiest Pierre, SD Roger Alan Tellinghuisen~~

Hubert Williams Newark, NJ Wade J. Henderson D. Peter Wise Springfiled, IL Charles M. Schiedel Keung Wong Monerey Park, Pasquale Francis CA Caruso Daniel James Yee Los Angeles, CA Steven Aaron Schwaber

~~July 17, 1990~~

~~Applicant City and State Movant~~

James Fontaine Adams Dallas, TX William Hayes Hart Harold James Adkins Baton Rouge, LA Jonathan Curry Harris Pamela Kaye Akin Tampa, FL Bernard Charles Silver Richard Witte Alexander Austin, TX Carl Larsen Taylor W. William Anderson York, PA Byron H. LeCates Kurt Morris Andreason Beaumont, TX James L. Weber Kenneth Michael Argentieri Pittsburgh, PA Harry Woodruff Turner Eugene D. Attkisson Lexington, KY William H. Gorin Charles Samuel Baker Alamo, CA Brian D. Seibel T James C. Bakk W aukegan, IL Fred L. Foreman Robert N. Barnes Oklahoma City, Daniel LeRoy OK Evans Kenneth Berlin Washington, DC Robert Reed Gray Farrell Paul Bolz Houston, TX George Royalty Edwards Theodore Steve Booras West Palm Beach, Donald L. Morgan FL 864 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

Gary D. Borek Buffalo, NY John Dayton Steele Jr. Craig Anthony Boudreau Palm Beach, FL James L. Eisenberg Charles T. Boyle Punta Gorda, FL Guy Storms Emerich James A. Branch Jr. Albuquerque, NM Turner Williamson Branch David Lee Bridges Austin, TX Steven DeWayne Peterson Paul Briggs Schenectady, NY Thomas E. DeLorenzo Whitney A. Burke Orlando, FL Norman Francis Burke James Sherman Burling Sacramento, CA Robin Lee Rivett Thomas Lynn Busby Corpus Christi, Leslie Denis TX Cassidy III Debra Sue Byrd Wichita, KS Mona Lee Mansoor Furst Francis Edward Cafferty Allen Park, MI Patrick Edward Cafferty Edward Thomas Chavez Pasadena, CA Michael J. Udovic Joseph Michael Chiarelli Kansas City, MO Walter J. Kennedy Jr. Hernan G. Chico-Fuertes Naguabo, PR Julia M. Garriga John Louis Cipriano Jr. Hamden, CT William Saul Nathanson Ann Cocheu Tallahassee, FL Robert A. Butterworth John Conlon Portage, MI Thomas Conrad Mayer Patricia Ann Conners Tallahassee, FL Raymond L. Marky II John Aloysius Convery Jr. Belton, TX Maury Maverick Jr. Thomas E. Cooney Spokane, WA James F. Irwin Ramon Coto-Ojeda San Juan, PR Abelardo Ruiz- Suria THURSDAY. SEPTEMBER 20. 1990 865

~~Applicant City and State Movant~~

Leo J. Coughlin Arnold, MD Robin Axel Jones Carolyn C. Coukos Indianapolis, IN Gerald L. Bepko Roger P. Cox Lincoln, NE Murray Ogborn Wayne Gilbert Crookston Meridian, ID W. Anthony Park Jr. John H. Culver III Baltimore, MD George Beall Devarieste Curry New Carrollton, Julia Cooper Mack MD Mark Henry Daaleman Westfield, NJ Walter P. Kelly John Carter Danish Irving, TX James W. Deatherage Judith Ellen Deck New Orleans, LA C. Ellis Henican Jr. Lynn Downey Dowd Chicago, IL D. Kendall Griffith

Daniel J. Dugan Philadelphia, PA Eugene J. Comey John Edmund Duvall Jacksonville, FL Peter Reed Corbin Charlene Vanessa Edwards Tampa, FL Bernard Charles Silver John C. Englander Boston, MA Allan van Gestel James 0. Ervin Baton Rouge, LA Timothy M. Screen Robert Marshall Fells Falls Church, VA David H. Marion Ralph Peter Ferrara Newark, NJ Peter W. Rodino III Glen Filippone Denville, NJ Michael John Hogan James S. Frank New York, NY Theophil Carl Kammholz Anita Holly Frantz Albuquerque, NM James Coplen Hall Nalini Rajender Frush San Francisco, CA Shyamala Rajender Terry Takashi Fujimoto Los Angeles, CA John Albert Saurenman Carolyn Diane Fuson Los Angeles, CA William Trigg Harter 866 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

Joseph Gregory Galagaza Houston, TX James M. Neel Stephen Elias Geduldig Harrisburg, PA LeRoy S. Zimmerman Claude Peter Goetz New York, NY Eli David Schoenfield Marc L. Goldman Miami, FL Alan L. Levine Alan Paul Gooding Los Angeles, CA John William

Evans . Ann Randolph Goodman Hickory, NC Stewart Lee Cloer Robert M. Gosner Jr. Philadelphia, PA Dean F. Murtagh Keith Andrew Graffam San Juan, PR Justo Arenas Joseph Henry Green Jr. Washington, DC James Percy Hood Jr. William Greenberg White Plains, NY Anthony J. Mercorella Maria Cristina Gutierrez Baltimore, MD Phillip George Dantes Sharon Kaye Hackett Youngstown, OH William Thomas Bodoh Robert J. Hajek Minneapolis, MN Brian Lee Sobol Jeff D. Harris Chicago, IL Thomas Acquinas Foran John Maurice Hassett Baltimore, MD John Carroll Byrnes Mark Bartrum Helm Los Angeles, CA Ralph B. Helm Jeffrey Scott Herden Chicago, IL Richard Wade Cosby Carencro, LA Carolyn A. Ingraham Paul Alan Hoffman Dallas, TX Harold B. Berman Seth S. Holbrook Boston, MA Thomas E. Clinton Karen M. Holt Kaunakakai, HI Cheryl Ann Tipton Robert Franklin Howell San Diego, CA Jeffrey Alan Joseph William Paul Hoye Des Moines, IA Lawrence F. Scalise THURSDAY. SEPTEMBER 20. 1990 867

~~Applicant City and State Movant~~

~~David Chu-Wen Hsia Washington, DC John Thomas Adney John Joseph Jakubczyk Phoenix, AZ David Burnell Smith Janina Anne Jaruzelski Washington, DC Steven Ronald Ross~~

Harold J. Johnson White Plains, NY Barry Kamins Clinton Lamont Johnson Chester, PA Joseph Francis Battle Jr. Raymond L. Kalmans Houston, TX James M. Neel Leslie Keith Kaufman Santa Ana, CA Sanford Paul Kaufman John Bernard Kearney Cherry Hill, NJ Allen Abram Etish

J. Grant Kennedy Los Angeles, CA Juliette Z. Allen Kathie D. King Philadelphia, PA Patrick J. O'Connor Rockforde D. King Knoxville, TN George Wager Morton Jr. Coleman Eugene Klein West Bloomfield, Sheldon Murray MI Meizlish William Otis Kneece Columbia, SC W. Gaston Fairey Robert J. Kopka Chicago, IL William Woloshin Thomas Gregory Kramer Dayton, OH Jeffrey B. Shulman William Joseph Kresse Chicago, IL Abraham L. Marovitz Kevin James Luster San Bernardino, Robert Merrill CA Butler Sharon S. Lutz Detroit, MI Mary Elizabeth Kelly

Michael J. Lynch Pittsburgh, PA Harry Woodruff Turner Ronald D. Maines Washington, DC Barry D. Wood Donald C. Marcum Piano, IL Leonard James Wojtecki Benjamin Robert Margolis Pacific Palisades, Marshall C. CA Sanders 868 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

James J. Mayer Cincinnati, OH Joan T. Schneider Michael John McCaffrey Clinton, NJ Jerrold D. Goldstein Atlanta, GA Robert Altman Charleston, WV BarbaraT"» 1 H.TT TTM „ " U r leisher Washington, DC HershalTT 1_ 1 T">Brown Kathi Lynn McNabb Youngstown, OH Mary Jane Stephens Philadelphia, PA Richard Brian Sigmond Cary J. Menard Laiayette, LA Michael Harson Paul T. Mengel West Bloomfield, Jacob A. Dalm Jr. MI"l\ IT T Neal E. Millert Kansas City, MO Bruce C. Houdek Michael L. Minsker Philadelphia, PA Patrick J. O'Connor William E. Mohler Charleston, WV Robert Bruce King William Richard Moore Los Angeles, CA Larry E.

* RobinsonT"> 1 Todd Randall Moyse Stockton, CA Dennis Donald Geiger

~~Tt IT - 1 1 T^ Vincent Anthony Mulieri Annapolis, MD Martha F. RasmT">~~

~~Raymond Thomas Mundy buitern, IN i 1 nomas W. Lvans~~

T"» j T\ IT A Thomas J. Muzyka Boston, MA Thomas E. Clinton Michael J. Neimand Miami, FL Julie S. Thornton Nancy A. Nord Washington, DC James S. Halpern George B. Norman Davenport, IA Edward L. Eagle Jr. Vincent F. O'Hara New York, NY Robert Arthur KennedyTT 1 Michael William O'Hara Springfield, IL Harvey B. Stephens Nwabueze Vincent Okochs Cleveland, OH Thomas C. Simiele Thomas Harold Ostrander Bradenton, FL George Hodges Harrison THURSDAY. SEPTEMBER 20. 1990 869

~~Applicant City and State Movant~~

~~Frederic Parnon New York, N i Gerald Alan Novack~~

~~Kathryn Senecal Pecko Miami, r Li Jorge Luis Fernandez~~

~~James L. Pemberton bcnenectaay, JN Y 1 nomas L. DeLorenzo~~

~~bteven 1. reretz Miami, r L Alan Jay Kluger~~

~~T~) _ 1 i T~) 1 T~>1 "11 * TTT Kobert Paul Phillips 111 bavannan, OA Joseph Bodell Bergen Robert Barth Pierce West Bloomneld, Jacob A. Dalm Jr. Ml1\/TT~~

~~r>ernara IVl. Plum iNew i orK, i\ i Bettina Barasch Plevan~~

Jeffrey Jude Pokorak Austin, ia ocoll w . riowe All' TTT U George Edwin Price Salem, OR Albin Walter Norblad Vincent J. Quinn Lancaster, PA James P. Cullen Andrew Radding Baltimore, MJJ Onarles Christopher Brown Gregory Frederick Reis Orlando, r L George E. Adams iviarK r niinp rceynoius Omaha, NE Horace Herman PniTMAlrlp ~\\T Keynoias 1 v James Michael Richardson Austin, IX Milton Lacy Bankston

~~Rachel Pauline Roat leaneck, JN J Pamela Ann bpmelli Alicia Gabriela Rosenberg Los Angeles, CA Maxwell Michael blecner~~

XT' 1 „ _ T") TT „ ff*_, _ „ William Ihomas Roshko Orlando, r L Elmo K. rl oilman Alan G. Ross Cleveland, OH William George Wickens jonn ua\ ia nowen xcLtrl rlUId.Ild.IIlb Kent Alan Schaffer Houston, TX Lewis Dickson Glenn Ralph Schmitt Cleveland, OH Kenneth Francis Ripple David Anthony Searles Philadelphia, PA Eric L. Frank Philip Sheuerman Stockton, CA Anthony Lewis Wagner 870 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

John S. Skilton Madison, WI John Robert Dawson Anne Davies Smith Arlington, VA Paul Lawrence Friedman Robert Marshall Sommers Kansas City, MO Bruce C. Houdek Scott Turner Spear Scituate, RI John Gorham Paul Brian Spurlock New Orleans, LA C. James Gelpi Edward C. Stark Los Angeles, CA Michael James Malak Edward McKinley St owe Danville, VA William H. Smith Robert J. Sullivan Morristown, NJ Bradford Whitman Rich

Paul Joseph Swacina Corpus Christi, Robert J. TX Patterson Thomas Thaxter Swan Pittsburgh, PA Robert Eugene Stewart Barbara Lawrence Swimley Oklahoma Citv, Stephen Perley OK Friot Kathleen 0. Tatarsky Canton, OH Lawrence Emil Chapanar Harry Addison Thompson Pittsburgh, PA William A. Meyer 1 II Jr. Jeffry Scott Thomsen St. Louis, MO Gerre S. Langton Joseph E. Tierney Jr. Milwaukee, WI Francis R. Croak Terry W. Tippens Edmond, OK James Davison Fellers John Joseph Tomaselli New Hyde Park, Robert James ^ NY Roventini Robert Van Derhoff Carbondale, IL Richard E. White Joyce Alene White Vance Birmingham, AL Robert S. Vance Louis J. Wade Kansas City, MO James R. Wyrsch James David Walker Austin, TX Jon N. Coffee Scott Harding Walters Davenport, IA Michael William Liebbe T Kirk Gibson W arner Raleigh, NC Frank Gerald Julian James Richard White Dallas, TX William Michael Baggett THURSDAY. SEPTEMBER 20. 1990 871

~~Applicant City and State Movant~~

~~Steven D. Woodland Salt Lake City, William Giles UT Fowler Brenda Wright Washington, DC Frank R. Parker Elizabeth Levin Ziegler Jefferson City, John M. Morris MA1V1W 111TTT~~

~~August 6, 1990~~

~~Applicant City and State Movant~~

Bruce Ira Afran Somerset, NJ Ira Paul Tiger Adolfo Z. Aguila Miami, FL Charles G. White John Anthony Alzamora Harrisburg, PA Sally Alicia Lied Yvonne Cecilia Anderson Topeka, KS Judith A. Moler Jan Walls Anderson Santa Ana, CA Gary L. Chambers Frederick Westcott Santa Ana, CA Gary L. Chambers Anderson Joseph Paul Anthony Bourbonnais, IL William Earl Herzog Charles A. Arcodia New York, NY Lawrence A. Doris Laurence R. Arnold San Francisco, CA Gregory W. McClune Janet G. Arnold Oxford, MS Wylene W. Dunbar David H. Ashley Frankfort, KY Paul William Richwalsky Jr.

Thomas Alan Aurandt Johnstown, PA John J. Bagnato Ernest Franklin Avery San Antonio, TX Mark Robert Stein Richard Avila Los Angeles, CA Therene Powell Rebecca Ann Baitty Charleston, WV Rudolph L. DiTrapano Leah M. Balk St. Louis, MO Jack M. Chasnoff Jayne Regester Barkdull West Palm Beach, Thomas H. FL Barkdull, III John P. Batson Augusta, GA Lisa J. Krisher Margaret Mary Madison, WI Gregory E. Baumgartner Scallon 872 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

John W. Beasley Jr. Mount Holly, NJ Charles W. Heuisler Gregory Michael Beck Laguna Hills, CA James H. Casello Robert Richardson Bent Saint Johnsbury, Robert A. VT Gensburg Thomas Harrison Benton Baton Rouge, LA Paul R. Baier Dana Ladd Berns Los Angeles, CA Richard Hudson Share William W. Berry Jr. Nashville, TN Douglas Sevier Hale Lisa Kay Kopperud Bickle Bismarck, ND Leonard H. Bucklin

~~J. Hilary Billings Bangor, ME Lewis V. Vafiades Jonathan Burton Blecher Miami, FL Andrew Cotzin Milton Irving Blum Chicago, IL Jack W. Rosen David A. Bono Washington, DC H. Bartow Farr III~~

Robert Mark Brennan Milford, CT Domenick J. Galluzzo David A. Brune Baltimore, MD Paul Winston Davis Edward M. Burgh Los Angeles, CA William Boys Harman Jr. John Scott Burns Providence, RI Benjamin V. White, III Timothy R. Casey Santa Ana, CA Allan H. Stokke Jeffrey Thomas Cernek Chicago, IL Thomas P. Cernek Philip A. Cherner Denver, CO Michael L. Bender Philip Cherry Philadelphia, PA Lester Herbert Goldberg David A. Cicola Indiana, PA Thomas G. Johnson Eunice A. Clavner Cleveland, OH Owen Calvin Neff Janet Cowie Cook Arlington, VA Karl W. Kabeiseman

~~J. Michael Cunningham Midland, TX Andrew Harper Estes THURSDAY. SEPTEMBER 20. 1990 873~~

~~Applicant City and State Movant~~

~~Edward A. Dauer Denver, CO Donald P. Smith Jr. Charles Anthony Nashville, TN Jerry Lynn Smith Daughtrey~~

r John Horace Davis Crown Point, IN Paul Hight W are John W. Davis Jr. Rossville, GA Frank Milton Gleason Stuart Reid Day Casper, WY Richard Erwin Day Jack W. Decker Columbus, OH Allen P. Adler Thomas Duane Deen Dermott, AR C. C. Gibson III Richard A. DiLiberto Jr, Wilmington, DE Ben T. Castle Richard Peter Dieguez Roslyn Heights, Vincent R. NY Balletta Jr. Robert Irvin Doggett Cincinnati, OH Laurence Stephen Gold Philip A. Doran Chicago, IL Charles R. Balkin Jonathan Edward Drill West Caldwell, Jay Scott NJ MacNeill Kevin F. Dugan St. Petersburg, Glenn Murray FL Woodworth David J. Dunn Jr. Rossville, GA Frank Milton Gleason Rayford L. Etherton Jr. Mobile, AL Charles B. Arendall Jr. Donald C. Fetzko Pittsburgh, PA John Sebastian Sherry Thomas Walker Findley Juneau, AK Stephen F. Sorensen Glenn A. Fine Washington, DC Jeffrey Freund William Finestone Los Angeles, CA John Frederick Walter Joshua Robert Floum San Francisco, CA M. Laurence Popofsky Robert Andrew Forte New York, NY 0. Peter Sherwood

~~Charles J. Fortunato Dallas, TX Michael F. Pezzulli 874 THURSDAY, SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

Craig J. Franseen Ponca City, OK Joseph S. Lewis tit i m"\r Michael Patrick Frederick Lubbock, TX Robert A. Federico David F. Freedman New York, NY Floyd Abrams Fran Landry Frick Pensacola, FL Robert L. Crongeyer Jr. Jeff J. Friedman Edison, NJ Joel W. Sternman Dana B. Friedman New York, NY Hyman Friedman Donald L. Galine San Mateo, CA James Patrick McLaughlin David Thomas Gay Taunton, MA Katherine D. McDowell John Francis George III San Rafael, CA Robert Joseph Cleek Judith Pullman Gever Philadelphia, PA Walter R. Pierce Sandra Fjelstad Gilert Minneapolis, MN Sam T. Courey Jairus M. Gilden Chicago, IL Neal D. Rosenfeld Richard Cushing Gilman Oxnard, CA David Patrick Callahan Howard Goldberg Madison, WI Gregory E. Scallon David B. Goldstein Scottsdale, AZ Elliot James Peskind Robert L. Gonce Florence, AL Mary Anne Westbrook C. Greg Goodrum Houston, TX Joseph James Halbach Jr. Dexter Brock Green Charlottesville, John Christian VA Lowe Mark S. Guralnick Philadelphia, PA Frank Harry Rose Bruce Anthony Hake Washington, DC Maurice A. Roberts Thomas D. Hammerschmidt Detroit, MI Herbert George r~i T TT Jr. Sparrow III David R. Hammond Denver, CO Dale R. Harris Curtis Lamar Harrington Long Beach, CA John Holtrichter Jr. Elsey A. Harris III Norton, VA Ronald Glenn Thomason THURSDAY. SEPTEMBER 20. 1990 875

~~Applicant City and State Movant~~

Daniel B. Hatzenbuehler Memnhis TN Chpylp 5; Clark Harrell Jay Howell Hebert Dallas, TX Vester T. Hughes Jr. Steven Amir Hemmat Mercer Island, Acmes Marie WA Brown Toni D. Hennike Dallas, TX Kevin M Sweeney Thomas N. Heyer Washington, DC William R. O'Brien Duris Lee Holmes New Orleans, LA Charles K. Reasonover John B. Honeycutt Jr. Alexandria, LA David Peter Smith Rose A. Houk Lansing, MI Frank J. Kelley John Estle Howe Las Vegas, NV Samuel S. Lionel Ruth A. Ihne New York, NY Sarah E. Burns Keith E. Jagmin Dallas, TX Richard Alan Anderson Grant Jasmin San Francisco, CA George Martin Kraw Richard M. Johnson Jr. Chicago, IL Stephen J. Schlegel Georgann B. Johnston Sacramento, CA John M. Poswall Teresa Louise Joppa Moorhead, MN James David Cahill Mary Lucille Jordan Takoma Park, MD Robert H. Stropp Jr. Luther Ellis Justis Jr. Baltimore, MD Paul Winston Davis Diana Lynn Kiesel Tacoma, WA Annon W. May Katherine A. Kinser Dallas, TX Frank Walter Sullivan III James Revere Knight Cullman, AL Bryce Scott Davis Kevin Michael Korsmo Marysville, WA Seth Aaron Fine Lois Elizabeth La Seur Oxford, MS Wylene W. Dunbar Daniel A. LaKemper East Peoria, IL Kevin Thomas Lonergan 876 THURSDAY, SEPTEMBER 20, 1990

~~Applicant City and State Movant~~

Douglas F. Landurm Newport Beah, Gregory L. Dillion CA Nathaniel Spencer Wood Oakland, CA Lee P. Lawrence Breckenridge Martha Melinda Lawrence Raleigh, NC Donnell Van Noppen III Gary B. Lawson Dallas, TX James G. Vetter Jr. Timothy F. Lee Houston, TX Cheri Lynn Duncan James G. Leech Fort Lauderdale, Tracy Heiman b L Ferguson John Robert Lentes Pomeroy, OH Michael Raymond Gareau

1~l * 1 1 TT T x T» T» j_ T71T m tt Richard H. Levenstein Boca Raton, FL Tracy Heiman Ferguson Ronald W. Lewis Oxford,/~\ -C J MSTV/TO ThomasrpL. HenryTT Freeland III Janice Louise Lower Washington, DC Edward Weinberg Roger L. Lucas Birmingham, AL Michael Clay Quillen Patricia M. Maher New York, NY Lawrence A. Doris Edward Wayne Malouf Dallas, TX Judge Blair Reeves Alan David Margoles Saint Paul, MN Kathleen Gearin Elizabeth Pike Martin Tacoma, WA John C. Guadnola W. Douglas Matthews Houston, TX Stanley W. Crawford John W. Mauck Chicago, IL Daniel F. O'Connell Timothy L. Mauldin Bowling Green, Reginald L. Ayers

~~James F. Mazzulla Barrington, IL Ronald 0. Roeser Stephen J. McConnell Los Angeles, CA Daniel Jeffrey Hieber Douglas L. McCoy Mobile, AL Charles B. Arendall Jr. THURSDAY. SEPTEMBER 20. 1990 877~~

~~Applicant City and State Movant~~

Dennis T McCubbin Saint Louis MO Robert R Yonnp" Lynne G. McGinnis San Diego, CA Richard Marvin Blake Sr. Thomas JoseDh Mclntvre Arlington, VA Solicitor General Jr. Kenneth Winston Starr Carl H. Mclntyre Jr. Washington, DC Carlene V. Mclntyre Edmund J. McKenna Cincinnati, OH H. Louis Sirkin Steve A. Miller Denver, CO Georgina Guy Michael P. Mills Aberdeen, MS Deborah Selph Donald David Mondul Chicago, IL Richard Owen Gray, Jr.

J Richard Moore III Bel Air, MD HXX* Wavne" T few V llv Norman, Jr. Debra Morgan El Paso, TX Robert Davidson Dinsmoor Thomas Rafael Mott Daytona Beach, Dan R. Warren FL Lachlan B. Muir Shakopee, MN Phillip R. Krass Frederick Francis Mumm Los Angeles, CA John Frederick Walter Ellis B. Murov New Orleans, LA Malcolm W. Monroe John C. Murphy Melbourne, FL John T. Murphy Jeffrey N. Nelson Bismarck, ND Patrick Oliver Sogard Spencer Neth Clevelad, OH Gerald S. Gold Rachelle J. Nicolle Ontario, CA Grefforv K Wilkinson Mary Cowdrey Noble Lexington, KY William Stewart Howard Teff Mitrhell Nnvatt Walter John Anthony O'Hara Newport Beach, Thomas F. CA Newmeyer Cynthia Morgan Ohlenforst Dallas, TX Vester T. Hughes Jr. 878 THURSDAY, SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

James Patrick Palermini Chicago, IL Ralph Ruebner Phyllis Joan-ne Perko West Dundee, IL Ralph Ruebner James H. Peterson III Lakeland, FL James Hardin Peterson Jr. Kerry Oliver Phillips Pontiac, MI Elbert L. Hatchett William Poon Monterey Park, Keung Wong CA Patrecia Powell Helena, MT George M. Schunk Richard Samuel Powers Miami, FL Samuel J. Powers Jr. Steven H. Pratt Indianapolis, IN William E. Marsh Terry Price Atlanta, GA Edward Katze Mark Barton Pyper Phoenix, AZ William J. Simon Casey W. Raskob III New York, NY Hyman Friedman James Perry Rea Birmingham, AL Roscoe B. Hogan Patricia K. Rea Birmingham, AL Richard Allen Meelheim Duane Westlee Reno San Francisco, CA Roland C. Davis Darrell Lawrence Rice Toledo, CO Melvin L. Resnick Stephen J. Rosasco Baltimore, MD Paul Winston Davis Jennifer C. Rydberg Kent, WA Lawrence J. Warren Michael Hunter Sadler Tupelo, MS Edward Jones Currie Jr. Alan D. Scheinkman White Plains, NY Albert Joseph Emanuelli Thomas R. Schlesinger St. Louis, MO Thomas Michael Blumenthal Jan Richard Schlichtmann Boston, MA William James Crowley Karin Schlosser New York, NY Louis G. Juliano Karl Herbert Schneider Columbus, OH David H. Bodiker Richard A. Schollmann Alexandria, VA Robert Charles Barber Vincent Schumacher Detroit, MI Lawrence C. John William Stephen Scott Charlottesville, Robert Metcalfe VA Musselman THURSDAY. SEPTEMBER 20, 1990 879

~~Applicant Citv and State Movant~~

Randall R. Sevenish Indianapolis, IN Harry Allan Wilson Jr. Deborah R. J. Shupe Columbia, SC Joe Earle Berry Jr. Philip C. Silverberg New York, NY Stuart Cotton David H. Silverman Berkeley, CA Chris Redburn Roy Skaggs III Louisville, KY Frank Elia Haddad Jr. Stephen Jay Small Chareston, WV John H. Pickering Veronica Ann Smith Harrisburg, PA John F. Povilaitis Matthew Willis Sowell Jacksonville, FL Michael Scott O'Neal Hugh M. Spall Jr. Ellensburg, WA Robert L. Fraser Bradley Stark Miami, FL Lawrence N. Rosen James Edward Stiebe Moscow, ID Joan Marie Fisher Christopher Jay Stoll Highland Park, IL David Drenk Jonathan Gould Stotzer Fostoria, OH Donald James Guernsey Richard Douglas Stratton Birmingham, AL R. Benjamin Hogan III Jon P. Sullivan Des Moines, IA Barbara G. Barrett William F. Sweeney Philadelphia, PA John P. Quinn Stephen A. Swift Cedar Rapids, IA David Rasmussen Hansen John R. Talley Indianapolis, IN Steven Morris Sherman Jennifer Narog Taylor Charleston, WV John D. Amos Paul Tyrus Theisen Marietta, OH James Scott Huggins Pamela Sheehan Thompson Horton, KS John J. Coughlin John Hampton Tinney Charleston, WV David Alan Faber Andrew R. Turner Tulsa, OK John S. Athens Gregory J. Twaite Los Angeles, CA David L. Vaughan Terry Vann Lenoir City, TN Don T. McMurray James A. Vaughn^ Forsyth, GA Frederick L. Wright II 880 THURSDAY. SEPTEMBER 20, 1990

~~Applicant City and State Movant~~

Richard William Vickers Birmingham, AL Bruce Michael Green Denise A. Vinet Baton Rouge, LA James P. Ryan Tirza S. Wahrman New York, NY Sholem Friedman John E. Wallace Jr. Atlanta, GA Leighton B. Deming Jr. Jeff Weintraub Memphis, TN James Hunter Stock Jr. Timothy J. Whitters Tacoma, WA John C. Guadnola Pamela A. Wilk Philadelphia, PA Peter Goldberger John P. Williams Washington, DC C. Emerson Duncan II

~~Marcus Whittman Williams Wilmington, NC James J. Wall D. Patrick Winburn Manchester Charles R. Eichel Village,~~

Stephen I. Wohlberg Brooklyn, NY Marc Z. Newman Jeanne P. Wrobleski Philadelphia, PA Harold E. Kohn Jesse Allen Young Brooklyn, NY Charles Joseph Hynes Nabil Zuhdi Oklahoma City, James Paul Linn OK Donald Robert Zuidmulder Green Bay, WI Winston A. Ostrow

~~August 7, 1990~~

~~Applicant City and State Movant~~

Brigid Quinn Alford Harrisburg, PA William D. Boswell Keith Robert Anderson Plainfield, IL Norma Holloway Johnson David Warren Anderson Orinda, CA William E. Cosden Peter J. Anderson Los Angeles, CA James Patrick Tierney John Willis Anderson Salt Lake City, Theodore Boyer UT Jr. Glen Monroe Ashworth Kaufman, TX Linda Russell THURSDAY, SEPTEMBER 20. 1990 881

~~Applicant City and State Movant~~

Kevin J. Beaton Boise, ID John Thomas Hawley Jr. Peter L. Benjamin Merrillville, IN Max Cohen James Kelly Boles Tampa, FL Terry Alan Furnell Sheldon Baldwin Boney Jacksonville, FL William Pierce White III Stephen Allen Bost Los Angeles, CA James Michael McFaul Anthony S. Bottar Syracuse, NY William E. Cass Jonathan Andrew Brenner La Jolla, CA Donald R. Brenner Alan James Brinkmeier Elmhurst, IL Craig A. Chapello Ronald M. Bugaj Honesdale, PA Sidney L. Krawitz Michael Leopold Burak Burlington, VT Samuel Harris Press Guy E. Burnette Jr. Tampa, FL Theodore B. Olson B. John Burns Des Moines, IA James Francis Whalen

Alison J. Butterfield Phoenix, AZ Robert Keith Corbin Jones Pharr Byrd Asheville, NC James Price Erwin Jr. Gene Austin Cain Walnut Creek, CA William Arthur Jennings Bonnie Jean Campbell Des Moines, IA Brent Robert Appel James Campbell VII Portland, OR Arthur Lewis Whinston Nicholas M. Cannella New York, NY Donald R. Dinan Michael Warren Carmel Phoenix, AZ James Elliott Carmel Gregory Campbell Carter Oklahoma City, Robert Bruce OK Carter David C. Casey Boston, MA Thomas E. Peckham Donald L. Catlett Jefferson City, Lew A. Kollias MO 882 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

~~1_jUI 1c XV. v_;lldlLcll V^lllLdgU, 11j V_/UllccllPnllppn FJXV. Pnnnpllv_^uniieii~~

-T 1 il lVTipVinpl uiiiuaTiinHfl o . PViaqpI icioc Chipacro lYXlCIldCl XV.A 1PnnpUjJt; Janet iviarie v^nrisioiiersen IjOS xingeies, James Michael ivicr aui Charles Malcolm Cochran Wilmington, DE James Caleb

~~1TVV Boggs Stuart Robert Cohen rsaitimore, mjj Lawrence Bernard~~

~~xvODen in . uonen ureai i>ecK, i\ i iviarcin xviien~~

~~vv eiiiaLeiii~~

~~\A/ o c t" MqItyi Poo/in FltmiplLJdLl llcl ~MoKn\riVXLxvdy Pnllpffpv^Ullcllc 1TY/V VVcol i ell ill XJcdCll, v^Ildl leb 1 llUIlldo FL Collpffp T'Vinmnc: A Pomcitnpk .Tr Fullprton DA Mark Spntt~~

~~IPnripH"QtVJ kJ\Z± Lc~~

TumPQ 1VT i .nnnpll UdlllCO 111.. V^UllIlCll RpthlphpmXJCLlllCllclil, XPAil eJUHIlTnhn FX . OjJllSnirkXV OTr1 • Q Miphapl1TJL 1 1_ I i CIC 1 ±P . \J\J\JllKZyCoonpv New1 > C W YorkX Ui XV, NYI>l X XPpfpyCLCI k_). JJUIIWILIIPinnwiph

~~ItllL 1 Idc 1 XV. vUUi Lllcy -Lu LLllllclU , vl XvUUtil L xldllxvllll xFiplHIclU Povvit A lion C^vaft I ell J xxlld.Il ^1 dl L IN doll V 111c, 1 IN VV . 0 . IVXlLlldcl~~

~~P nV»py*f OvpcrnvAr Povo? Pvti 1/ xvuuci i vju cgui y r cici v^i uz xvgdiid, vju \_^iidx leb xxciii y T^v»r»1UUULIlldll1 f YYi Q Y\ 111T~~

£>yi un vjrien v^uuiiiure opringneia, iij d Ollll VV lllldlll XvUUclP n rkovH"Loc Plait* n XydlC XV.A i_/ctvpirnnvtV cllJJUI L llalH juTidnnhiivo"I ISUllUUi g, VAV XV L/awiciitcT.awrpn^P rialPfnvnlHuiu Hoover Jr Morris P)iirVuim Davis; Shelbv NC .Tpffrpv T-fntton Curtis

~~IlCV-LUIT-Ipptnr* i.-'cP)p X_/cUIlT ,pnn Aimtin TX .To«;pnVi C Poo*cnn«;~~

xvica v . i^tfividi lu VnnHaliaV dlllldlld, V./XTOPT LJ CLlllKZl O . \J XJl 1CI1 iUdry jjean INcWNpw YnrkXUIxV, INNYI icLcl O. XjUllWlLll lympc P)pnn Charlpc; Piiicrpnp P F.verettI—> V CI CLL, WA? ix V^IICXI ICO X_J UgCllC Hunter James 0. Devereaux San Francisco, CA Clyde Edward Miller David L. Donovan Washington, DC Daniel McMullen Armstrong, III THURSDAY. SEPTEMBER 20. 1990 883

~~Applicant City and State Movant~~

Robert H. Douthitt Spokane, WA Scott Bruce Lukins Stephen Bushman Doxey Salt Lake City, Theodore Boyer UT Jr. John William Dressing Cincinnati, OH James Joseph Condit william J. Duensing Brookline, MA Paul J. Liacos Daryl Gordon Dursum Houston, TX Byron G. Lee John F. Eastes Nashville, TN Daniel Leonard Schofield Stewart Charles Economou Alexandria, VA Stefan Clay Long Christopher Charles Griffin, GA Bentley C. Adams Edwards III Kenneth T. Eichel Denver, CO Michael R. Dice Eric Spencer Eissenstat Oklahoma City, James Davison OK Fellers Ziad A. Fadel Southfield, MI Donald A. Shely Peter Marshall Feaman Boca Raton, FL Joel D. Kenwood Michael Ross Feinberg Los Angeles, CA Robert Maltby Dohrmann Virginia L. Ferrara Albuquerque, NM John Edwards Conway

Joseph J. Ferris Waukesha, WI John M. Swietlik Aaron Frederick Fishbein Brooklyn, NY James Daniel Harmon Jr. Joseph Mark Fitzpatrick New York, NY Donald R. Dinan J. Casey Forester Alexandria, VA Stefan Clay Long

Ydelsy Quevedo Forte Miami, FL Donald I. Bierman James Harry Fosbinder San Diego, CA David G. Eisenstein Stanley Kirkland Foshee Washington, DC Holloway Wooten David M. Foster Arlington, VA Marion J. Foster Michelle A. Fox Harrisburg, PA LeRoy S. Zimmerman Bernard R. Gans Los Angeles, CA William Poms Terence Gargan Gargan New York, NY John Joseph Tomaselli 884 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

~~James Kyle Gee Oakland, tA Gary D. Sowards Carl A. (jrigante Chicago, ID James Robert Figliulo Joseph M. Goldhammer Denver, uU Walter Charles Brauer III~~

~~TT" i.1 TT XT "\ Richard Edward Goodman Glen Ellyn, IL Kenneth H. Nails VlCKl OOttllCh Washington, Ut Jay Richard Goldman~~

~~John W . Greenfield Atlanta, ca James Herrell Rollins~~

L/. jjavia riaiiey Atlanta, LtA John rhiiiip MacNaughton Hilary Harp Washington, DC Robert Lowell ueitz Frank Boyd Harty Des Moines, IA John K. rhillips Matthew Heartney Los Angeles, CA Konaid c. Kedcay Judith Dale Heimlich Washington, DC Arthur Barry Spitzer J. Brian Heller Washington, IL Harlan Heller Richard B. Henry Honesdale, PA Sidney L. Krawitz Paul H. Hentemann Eastlake, OH r rank Robert Brancatelli David Jeffrey Hirsch Baltimore, MD Richard Bloch lhomas M. Hitch East Lansing, MI Kenneth r. Frankland

~~t~> _ i i _rn „ /^v t/ John Carlton Duckworth Bartlesville, OK .b rederick Scott HoldenTT „1 J„„ Esser~~

~~William hi. Holland Omaha, Nhi Lindsey Miller- Lerman Deborah A. Hooper Alexandria, VA John Charles Cruden Gerald E. Hopkins Houston, I a lerry I. Wiens~~

TT" 1 TI/TT Carol L. J. Hustoles Kalamazoo, MI Charles E. Ritter TT TT T John A. Hutchison T)Beckley,11 WV James Alexander Swart Kent Wayne Jackson Phoenix, AZ Douglas Marvin William Anthony Le Clair THURSDAY. SEPTEMBER 20, 1990 885

~~Applicant City and State Movant~~

Larry Michael Jarvis Chicago, IL George Pellegrin McAndrews William W. Kantola Nome, AK John R. Vacek Howard Bruce Kaplan New Orleans, LA Benjamin Franklin Davis Jr. Paul Marshall Kaplan West Haven, CT Mark David Arons Steven Kimelman New York, NY Leon B. Polsky Kenneth R. Kirby Buffalo, NY David Gerald Jay Robert Stephen Kiss Beckley, WV James Alexander Swart Joseph E. Kolick Jr. Washington, DC Angelo V. Arcadipane Kenneth D. Kondritzer Savannah, GA Michael G. Schiavone Gerald L. Kroll Los Angeles, CA Ruth Kroll David R. Kuney Potomac, MD John Edward Williams Ann Blair Laupheimer Philadelphia, PA William Henry Roberts James T. Lesho Wilkes Barre, PA David R. Lipka

~~Michael J. Levin New York, NY Andrew J. Connick Raymond John Stephen Morristown, NJ Brendan T. Byrne Lillie~~

Randall Mark Lipshutz Atlanta, GA Robert J. Lipshutz Juan Alberto Lopez Jr. Jersey City, NJ William Francis Aranguren Ronald K. Lospennato Concord, NH Richard L. Hesse Thomas David MacNamara Gainesville, FL Samuel Patterson Stafford II John Mage New York, NY Michael E. Tigar John P. Marinan New York, NY Alan David Reitzfeld Wendy Lee Markee Houston, TX Frank W. Morgan Michael L. Marshall Baltimore, MD Henry Lee Belsky 886 THURSDAY. SEPTEMBER 20, 1990

~~Applicant City and State Movant~~

Steven Martin Maslauski Los Angeles, CA Robert Charles Packard Robert C. McCall Lake Charles, LA Michael K. Dees Charles Ellard McClellan Oak Park, IL Thomas H. Donohoe David L. McClenahan Pittsburgh, PA Harry Woodruff Turner David L. McColgin Philadelphia, PA Jeffrey Lewis Staniels Charles W. McDonald Waco, TX Joseph Michael Layman Robert Albert McMahon Jr. New Orleans, LA Benjamin Franklin Davis Jr. Gary Robert Mitchell Long Beach, CA Clive Standlee Martin Jr. Juliane Balliro Mondano Boston, MA Robert Albert George Carolyn Smith Motes McLean, VA Grayson Pollard Hanes Diane Murley Denver, CO Raymond P. Murley Ernie Keith Murray Rocky Mount, NC John Russell Jolly Jr. Edmund F. Murray Jr. Providence, RI James E. O'Neil Sheila Carol Myers New Orleans, LA Stephen B. Murray Scylla Stancliff Nagel Los Angeles, CA Martha Goldin Horacio A. Grigera Naon New York, NY Jerry Lawrence Siegel Pamela Gersh Nardolilli Washington, DC James Virgil Mattingly Jr. David Negus La Verne, CA Gary William Feller Kristine P. Nesthus San Diego, CA Peter H. Benzian Deborah Ann Nilson White Plains, NY Alain Rozan

~~Linda G. O'Connell Bedminster, NJ John I. Lisowski THURSDAY. SEPTEMBER 20. 1990 887~~

~~Applicant City and State Movant~~

Anthony J. O'Donnell Jr. Miami, FL William Edward Sadowski Robert C. O'Hara Wilmington, DE James Caleb Boggs Kevin Hackett O'Neill Tampa, FL Daniel N. Burton Louis K. Obdyke IV Wichita, KS William Edgar Shull Jr. Louis Frank Oliver Austin, TX Joe M. Kilgore Darla Gail Orndorff Topeka, KS Mark Robert Land William M. Orth Bloomington, MN Mark S. Wernick Luther Kent Orton San Francisco, CA William E. Trautman David M. Ottenwess Detroit, MI Charles F. Glass Lynn Diane Partin Portland, OR Marc David Blackman William Matthew Pearson Miami, FL Daniel S. Pearson Luis Alberto Perez New Orleans, LA Donald C. Massey Glen Richard Petersen Baton Rouge, LA William J. Guste Sherilyn Peterson Seattle, WA Steven C. Marshall Connie Redbird Pinkerman- Hollywood, CA Howard George Uri Johnson Michael Thomas Pivac Springfield, MO Mathew W. Placzek Robert Alan Poe Denver, CO Robert Murray Pomeroy Jr. Howard B. Possick Washington, DC Robert B. Hirsch Catherine Angela Potthast Baltimore, MD John Frederick Fader II Michael J. Pugh Pensacola, FL Winston E. Arnow William James Quick Jr. Beaumont, TX Tanner Truett Hunt Jr. Bruce M. Ramsey West Palm Beach, Marjorie Diane FL Gadarian Illona Sheffey Rawlings Baltimore, MD Evelyn Omega Cannon 1

~~888 THURSDAY, SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

~~T? OTo^miolinodLLJUcllIlt; A.A UCCllDon X I UVlLlcIlLt;, XV XvULIl XL. XXdllivlIlb~~

~~Danipl S RpinharHt Atlanta GA XXC1HprbprtUCi L X-/.D Shpllhousp Nplson Rarrv Rich St Louis MO Gprald TjProv Cohen~~

~~Rrian S Ri pnpn Dallas TX xFrankx ciixrv niArrnQtrnno*iiioii viig~~

~~Mark Ripra UuO Xlllt UlUo, VJXi StPTihpn (~!halmpr Taylor~~

1 San Dipcrn C!A OdillUtrlQciTnnol v^dlf~ c,v*r.£iT"ipcIlLcltor*

~~Tr.H 1 ar.nl i<2 IVXdxMarkIV tlT . Rnhprt~~

~~V 1LLUI Udlllco XVULLU iNtfWNpw YorkX Ux I\, NY1\ X XXdl I V X. XldlMX~~

~~XllLIldxRipViciw.\X S»Vi£»T*.r.uriOllci Ividll Rr»pk\x7pllIvULxV Well Tnofir, PA UdllltJfc Vdll XvUQcIl opi Hlgcl jjavia /men rtoaaDaugn ijima, Uxi jonn Alton Robpnalt~~

Ti^ryv Robprt Rocrpr^ Ch .paco TTi XV*R X—ilXt^^HvTTsiicrpnp Pincham Robert L. Rouner Houston, TX William Orlando Strong III Burt M. Rublin Philadelphia, PA Seymour Kurland G. Steven Ruprecht Kansas City, MO Bruce C. Houdek

~~.TanpOCXliKZ XV. R..c;V.tnnAvUollUJlJ Npw York NY Thomas -T (~!prr.a~~

~~T'Vinrr.nc; OLcjJiicii v_/. xvj'dii x IlUclllA, rV/j T, Tnnnp~~

~~i"WnwavHX U VY cLl LI /V.A OdgctSCISin o*£i cpv XFrpcnnI cSUU, PAv^-fx.~~

~~unaries ivniion ocmeaei Springfield, IL i neoaore~~

Gottfried Sallv L Schoffstall Allpntown PA Rpmard Frank yClLliTank OLUS\pV. waWellr*t7l£i RaltimorpXJ CIJ L1I11VJI CT, MDIYXX-/ .TiiH^on Paul Garrett Jr. Debra Hodges Scudiere Morgantown, WV John D. Amos Roger Tehan Scully Bethesda, MD William Daniel Quarles Philip A. Seplow Phoenix, AZ Kathleen A. Rihr THURSDAY, SEPTEMBER 20, 1990 889

~~A nnlipant City and State "Movant~~

Henry F. Siedzikowski Philadelphia, PA John M. Elliott Eldon E. Silverman Denver, CO Richard Harding Shaw David Hamilton Skilton Louisville, KY Christine Bishop Skilton Patti Louise Smith Allentown, PA Bernard Frank Clyde H. Sorrell Gaithersburgh, Angela Katherine MD Hart Alan Mark Sowell Nashville, TN Patrick A. Ruth Norman H. Stark Erie, PA Irving Olds Murphy John Thomson Stiles San Antonio, TX Jack Minyard Partain Jr. Scott Stuart Jackson, MS James P. Streetman III Thomas P. Sukowicz Chicago, IL James John Grogan James L. Sultan Boston, MA Charles W. Rankin Bradford A. Thomas Miami, FL Elizabeth Miranda Hernandez James Allen Thomassen Austin, TX James Albon Mattox Timothy E. Troll Anchorage, AK Raymond C. Troll C. Wesley Vines Oklahoma City, Robert D. OK Tomlinson Howard H. Vogel Knoxville, TN Carolyn Beth Lamm Gregory Joseph Vogler Chicago, IL George Pellegrin McAndrews Nancy Perpall Wallitsch Allentown, PA Thomas A. Wallitsch Thomas Wayne Watson Nashville, TN Donald Edward Dawson John Deforest Watson III Birmingham, AL Hobart A. McWhorter Jr. Richard H. Weiss New York, NY Theodore Gewertz 890 THURSDAY, SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

Carol A. Wendl Des Moines, IA John H. Neiman Patrick Karl Westerbeck Rockwall, TX Donald Ray Gray John Michael Weston Cedar Rapids, IA Larry G. Gutz Helen Wetherbee Jackson, MS Tom Hunt Cole Jr. Gregory Dale Whitt Dayton, OH Robert Leslie Schaefer

Dianne E. H. Wilcox Roanoke, VA Thomas J. Hall Dirk Andrew Williams Missoula, MT Robert James Phillips Melvyn James Williams Macon, GA Charles Ticknor Erion David L. Williams Little Rock, AR Phillip Carroll Michael Patrick Williamson Nashville, TN William Joseph Marett Jr. Michael M. Wilson Houston, TX Jacks C. Nickens Jr. Harry Ira Zimmerman Albuquerque, NM Nancy Hollander Steve Zimmerman Wenatchee, WA Richard Brent Daniel

~~Gary M. Zwain New Orleans, LA Wayne J. Lee Michael P. Zweig New York, NY Charles H. Miller~~

~~August 24, 1990~~

~~Applicant City and State Movant~~

Charles J. Adornetto Phoenix, AZ Richard J. Faletti James E. Akers Washington, DC Margaret Kolodny Pfeiffer Ronald D. Alley Minneapolis, MN Stewart Collins Loper Richard Charles Anderson Chicago, IL Wilbert Ursury Allen James Benjamin Andres Santa Ana, CA Ira M. Siegel William Riddick Greenville, MS Fred Cole De Armstrong, Jr. Long, Jr. Reid L. Ashinoff New York, NY Earl E. Pollock THURSDAY. SEPTEMBER 20. 1990 891

~~Applicant City and State Movant~~

L. Thomas Austin Dunlap, TN William L. Taylor, Jr. Bruce D. Bagley Harrisburg, PA Gilbert Nurick Kenneth Ray Barr Redlands, CA Brian David Saunders Jonathan W. Belsky St. Louis, MO Sylvan Harold Robinson

Joel J. Bergsma Saipan, Northern Reynaldo 0. Yana Mariana Islands Dale L. Bernstein New Port Richey, Philip Robert FL Horowitz Suzie Anne Berregaard Des Moines, IA Lucille M. Hardy James Gregory Blake Phoenix, AZ Richard Ira Mesh Wayne M. Bolio San Francisco, CA Henry F. Telfeian David H. Braff New York, NY Marvin Schwartz Jon R. Brakke Fargo, ND Mart R. Vogel Robert C. Brooks Memphis, TN Richard B. Fields Scott A. Bruns Yakima, WA George Thomas Dohn Robert S, Burk Minneapolis, MN Thomas Kenneth Berg Thomas M. Burns, Jr. Detroit, MI Neill T. Peters Robert J. Burvant New Orleans, LA Liane Catherine King Gregory W. Byrne Portland, OR Martin Schedler

Alan I. Cantor Washington, DC Donald W. Banner Edmund L. Carey, Jr. Nashville, TN James Franklin Sanders Michael Ray Carr Humble, TX Garnett Ernest Caldwell David Michael Chapman Palm Desert, CA Wendell Raleigh Bird David L. Coffman St. Louis, MO James Vincent O'Brien

~~Louis J. Cohen Encino, CA Michael Jay Rand Myron D. Cohen New York, NY Donald Paulding Irwin 892 THURSDAY, SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

~~David Wilks Corban Houston, TX Keith Alden Jones John R. Corne Raleigh, NC Edwin Marion Speas, Jr. James A. Cribbs Arlington, TX Dixon Wade HolmanTT 1~~

Charles G. Curtis, Jr. Madison, WI John S. Skilton F. Michael Daily, Jr. Haddonfield, NJ Steven G. Wolschina Susan Anne Davis Ann Arbor, MI Jared P. Buckley Daniel A. Devay Washington, DC Leser S. Jayson Joseph P. Dineen New York, NY Ray Goddard Craig David Dingwall Reston, VA Shuron Keith Townsend John J. Dolatowski Brunswick, OH Gregory Wilson Happ George Jack Donson, Jr. Cincinnati, OH Robert G. Stachler Sandra E. Downs-Arnold Lexington, KY Stanley Albert Stratford William A. Durham Houston, TX Hyman Joseph Ettlinger Newto

~~John J. Dutton Auburn, CA Bartley C. Williams~~

William Allen Eroche Raceland, LA Walter I. Lanier Jr. Julie Kunce Field Ann Arbor, MI Paul D. Reingold David Jon Fischer Atlanta, GA Howard Jarrett Weintraub Charles A. Fitzpatrick, III Philadelphia, PA William Connell McGovern Paul Thomas Francis Arlington, TX Dixon Wade Holman Andrew C. Freedman New York, NY Leonard M. Leiman Mark Ginder Saint Paul, MN Peter Scott Hendrixson THURSDAY. SEPTEMBER 20. 1990 893

~~Applicant Cit\' and State Movant~~

David William Gleicher Chicago, IL Marshall R. Weinberg Lisa Sarnoff Gochman Jackson, NJ Catherine A. Foddai Collette C. Goodman Washington, DC William F. Sheehan Nina Swift Goodman Washington, DC Sidney M. Glazer Charles A. Gower Columbus, GA Jerry Alan Buchanan Eugene T. Hague, Jr. Parkersburg, WV Owen Joseph Malone C. C. Harness, III Charleston, SC Kenneth P. Woodington Daniel L. Harralson Fresno, CA Richard Gerard Cenci

Marlon V. Harrison Baton Rouge, LA Martha S. Hess James Stafford Hawkins Indio, CA Wendell Raleigh Bird Thomas Mitchell Henry Peoria, IL Wilbur Dale Dersch Marybeth Herald Saipan, Northern Reynaldo 0. Yana Mariana Islands Barbara Brown Hillje Langhorne, PA Martha F. Lindner David Fred Hoke Raleigh, NC Lacy H. Thornburg Dean Holman Medina, OH Gregory Wilson Happ Jeffrey J. Horner Houston, TX Leon Kelly Frels Sandra K. Houston Fort Worth, TX Terry Milton Casey

A llJ.li.lJJ ±11I1ULI1\ IJ.U W cxl \.i l dllctllclootrt: , l J-/ Louis Frederick Hubener, III Richard L. Hurford Detroit, MI John Alfred Lntenman William G. Hyland. Jr. Tampa, FL Neil John Welch, Jr. Stephen Paul Ichniowski Towson, MD John Keith Light 894 THURSDAY, SEPTEMBER 20, 1990

~~Applicant Citv and State Movant~~

David Dillon James, Jr. Memphis, TN John Lloyd Koelz Charles Davi Johnson Little Rock, AR Robert Lawrence Wilson Steve C. Jones Cheyenne, WY Mary Bell Guthrie Jonathan D. Kaney, Jr. Daytona Beach, J. Lester Kaney FL Jane E. Kelly Hartford, CT Larry Lee Simms Edwin Zachariah Kelly, Jr. Jasper, TN William L. Taylor, Jr. Kay P. Kindred Williamsburg, VA Rodney A. Smolla James Richard Kobleur Savannah, GA Thomas Joseph Dillon Richard Marc LaJeunesse Des Moines, IA Dick L. Jensen Lawrence Laine Minneapolis, MN John A. Cochrane Tom Peter Lallas Los Angeles, CA Thomas Michael Norminton Leonard Charles Leicht Lincoln Park, NJ Martin S. Dorfman Thomas Parker Lenihan Des Moines, IA Louis A. Lavorato Trina Linn Leone Charleston, WV David Alan Faber Michael L. Levine New York, NY Robert Dembia Sheila Lewis Santa Fe, NM Linda M. Fagan John W. MacKay Tampa, FL Stevan Travis Northcutt Norma B. Martens Phoenix, AZ Susan LaReine Borden Lagerma Daniel A. Masur Washington, DC Bernard Joseph Casey Daniel Dwight Maynard Phoenix, AZ Richard J. Faletti Joseph W. McFarland Parkersburg, WV Owen Joseph Malone Bob McFarland Arlington, TX Dixon Wade Holman Frances Elaine McGee- Dayton, OH James Howell Cromartie McGee John McKay Seattle, WA William Steele Sessions THURSDAY. SEPTEMBER 20. 1990 895

~~Applicant City and State Movant~~

~~David Michael McKinney San Diego, CA George Lawrence Schraer Dennis Patrick McLaughlin Tucson, AZ b-erala btuart~~

~~1\/T rr 0 1 -f-~~

T~) ^ * J TA/T 4.X Mark David Merritt Lawrenceville, Keicl Merritt GA Thomas Roy Michael Clarksburg, WV Harold btaniora 1 OSl Douglas Paul Miller Indio, CA Wendell Kaleign oira Kenneth Paul Mmgledorff Houston, TX Frederick Edwin

~~T-) 1 J All TV If „ j 1 Robert Allen Monath Chapel Hill, NC Willie Parlrrott~~

~~V ¥ 1 1IL iicli U~~

~~narry jnussen lvioore ivioneia, \i\ JFHwarH—J W VV ell v t P11,Pnrkpr X Cli IV vTl Robert A. Moss Atlanta, GA Paul Stpnhpn Tvicsli~~

~~T 1 m XT T T T John T. Nesser, III New Orleans, LA Liane Catherine rung Fred Bryant Newby Myrtle Beach, SC John M. Leiter~~

/-~tt l nrr/) t James C. Ochs St. Louis, MO Charles Clifford ocnwanz Joyce F. Ofsa Charleston, WV uharles Breckmock Staov James E Olds Minneapolis, MN John A. Cochrane Luis Ramon Ortiz-Segura San Juan, PR Dario Rivera Carrasquillo

~~Lance S. Ostendorf New Orleans, LA Thomas P. Anzelmo, Sr.~~

~~tit in TT\ • j ta /rrn Ralph J. Patch Wolf Point, MT John P. Connor, Tr Kerry Lee Prisock Jackson, MS Charles Bradshaw~~

~~r dl Utri~~

~~Julius Ander Ray, II Pittsburgh, PA Paul A. Simmons John A. Reed, Jr. Orlando, FL Robert A. Leventhal Damon Richards Roswell, NM Charles H. Coll 896 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

~~Elizabeth LeVan Riley Raleigh, NC Gordon Eugene Boyce Thomas L. Roberts Agana, Guam, Richard Lentz Johnson Kirk B. Roose Oberlin, OH Robert Edward Rains~~

~~Clifford J. Roth Phoenix, AZ Richard J. Faletti Jerome Maurice Rothschild Columbus, GA Forrest Lee Champion, Jr.~~

~~Piper Ann Rountree Austin, TX Laura S. Groce Robert C. Rouwenhorst West Des Moines, Philip A. Ostien IA~~

~~Robert I. Rubin New York, NY Burton Gordon Laura Lee Rush Tallahassee, FL Richard Edward Doran Miguel Palou Sabater San Juan, CA Heber E. Lugo Rigau Elizabeth Schenck Syracuse, NY Faith A. Seidenberg~~

Thomas Edward Schmidt Saint Paul, MN Harold J. Soderberg Russell Schroeder, Jr. Charles City, IA Alfred A. Beardmore Barrie Scott Schumack Minneapolis, MN Ralph E. Sheffey Ronald Dean Secrest Houston, TX Keith Alden Jones Kent W. Seifried Cincinnati, OH G. Wayne Bridges Charles E. Sharp Birmingham, AL Joel Alan Williams Jeffery Mikel Sharp University Park, John Kevin PA Blaney

~~Wayne J. Shoemaker Orlando, FL John Frederick Namey~~

J. Anthony Sinclitico, III San Diego, CA Irwin Francis Woodland Catherine Bonaker Slavin Philadelphia, PA Richard Edward Genter H. Daniel Smith Omaha, NE Allen E. Daubman Stephen Dow Snoke Chicago, IL Jack J. Carriglio THURSDAY. SEPTEMBER 20. 1990 897

~~Applicant Lity and btate Movant~~

~~Nancy Marie Somers Las Vegas, NV Wayne Joseph Hardy E. Ray Stanford, Jr. Atlanta, GA James W. Wimberly, Jr. Dale G. Stoodley Wilmington, DE Gregory Alan Inskip~~

Richard J. Strassfield White Plains, NY Robert I. Eber Russ M. Strobel Chicago, IL Keith F. Bode Edward Z. Tabash Beverly Hills, CA Stephen Fowler Rohde Hugh Newell Taylor Auburn, IN Kevi Lee Likes Nancy B. Tecklenburg Charleston, SC Kenneth P. Woodington John Thomas Center, NE C. J. Gatz John Lochry Thurman Princeton, NJ Benjamin Clarke Patricia Tobin Santa Cruz, CA Michael Gilfix Michael Joseph Truncale Beaumont, TX John G. Tucker Samuel Franklin Trussell Indio, CA Wendell Raleigh Bird Laurey Dan Tucker Dallas, TX Robert W. Turner Robert Allen Useted St. Louis, MO Alan Charles Kohn Cindy S. Vail Seattle, WA David Chase Linehan Sandra Marie Van de Chicago, IL Vincent Paul Kauter Crisci Steven Waclawski Clinton Township, Judge John B. MI Bruff Michael Lawrence Washington, DC Seymour Morton Waldman Waldman Jay Stanley Walker Lawton, OK Don Laurence Smith Mark Alan Weber Omaha, NE Allen E. Daubman

~~David I. Weiss Miami, FL Steven W. Simon Steve J. Weiss Bloomfield Hills, Richard Paul MI Zipser Robert Wesley Tallahassee, FL Steven Mark Goldstein 898 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

Alison Clare Wetherfield New York, NY Sarah E. Burns John F. Whitaker Birmingham, AL Joel Alan Williams Melinda Swanson Whitman Lenexa, KS Earle David Jones Paul F. Wieneskie Arlington, TX Dixon Wade Holman David Wayne Wilcox Bradenton, FL Douglas Alan Wallace

Cecil D. Williams Kansas City, MO Joseph J. Mulvihill Dennis Adriel Winston Los Angeles, CA Pamela Anne Bresnahan Willard Wirtz Washington, DC Honorable Kenneth Winston Starr Solicitor General of the United States Arthur Alan Wolk Philadelphia, PA Richard Edward Genter Judy L. Woods Indianapolis, IN Lee Bowes McTurnan James A. Yancey, Jr. Waycross, GA Ernest Kontz Bennett, Jr. Thomas Hammond Zerbe Charleston, WV Jane Moran Thomas Joseph Ziko Raleigh, NC Edwin Marion Speas, Jr. Caryn Lisa Zimmerman Washington, DC Joseph M. Zoffer

~~August 25, 1990~~

~~Applicant City and State Movant~~

~~Jose A. Agostini San Juan, PR Gerardo Ortiz del Rivero~~

Lawrence J. Aldrich Washington, DC John Stuart Smith Aurora A. Ares Miami, FL Eric Kirby Gressman Lloyd T. Asbury Jacksonville, FL Gary Arthur Bubb Elizabeth Barrett- Agana, GU Charles Henry Anderson Troutman III THURSDAY. SEPTEMBER 20, 1990 899

~~Applicant City and State Movant~~

Stephen L. Beer Boise, ID Stewart A. Morris George N. Benesch Reno, NV Brian Chally Robert S. Bennett Houston, TX Scott A. Brister Ralph L. Berke Chicago, IL Craig E. Anderson John Harlow Bicknell Huntington, WV Charles Frank Bagley III Arthur R. Block New York, NY William A. Dobrovir Percy J. Blount Augusta, GA Thomas W. Tucker Joyce Boland-DeVito Mineola, NY John P. Boland Leslie Borgognoni Fayetteville, AR John C. Everett

Theodore I. Brenner Richmond, VA Murray Joseph Janus Walter E. Brock Jr. Raleigh, NC William MacNider Trott Ben C. Broocks Houston, TX Scott A. Brister Alice Bussiere San Francisco, CA Carole B. Shauffer Peter A. Buxbaum Philadelphia, PA Peter Alfred Ragone Joseph Samuel Cohen Houston, TX Michael S. Wilk Thomas Taft Cole Jr. Lebanon, OH Paul N. Herdman Samuel David Comras Gardena, CA Douglas Butler Charles Edward Cook Cleveland, OH David Joseph Kovach Randall D. Cox Sale Lake City, Kenneth R. UT Brown James M. D'Amico LaGrange, IL James M. P. D'Amico Robert L. Davis Annapolis, MD Ralph E. Sharpe Diana Louise DeGette Denver, CO John E. Sexton Gary A. Dodge Salt Lake City, Rex E. Lee UT Alexander L. Domb Hollywood, FL John Adikes Bond Paul Michael Doucher Columbus, OH Craig Douglas Andrew 900 THURSDAY, SEPTEMBER 20, 1990

~~Applicant City and State Movant~~

~~Prvvflonrl James Glynn Driscoll III roruana, utxHP I. r rankhn nunsdKer ill George T. Dunn -LiOCKnart, jla Charles Robert lYlillUI UUgll~~

~~Patrick W. Durick JDlblllal LK, IN U vreoi ge r razier 1 v~~

~~AA/°~~

Frederick Wells Finn Washinerfon DC PipharH T, Rrnwn Now Ynrk MY William D. Fireman INcW I UI K , IN I otuan j\. SfhlpQin crpy*

~~Michael J. Fitzgerald jnacine, wi jjennis r . uoiiey~~

~~Paul Frederick Forshay VV dblllllglUil, U\y a iiiup It.~~

~~rjiii ciixvi diiL Richard Leif Fredericks uaKriage, UK Andrew Neal r>aies Jacob Friedlander Mpw Ynrk NY TCiti7pv .Tr~~

~~Laura Emily Frossard Tulsa OK JsHwavHJ—<< V 1 VV CIX vl t/.TohnWilli~~

~~kJiid vv cii v vr x TF) Greg Jackson Fuller TwinJ. Will J.Fall«;dllo, lly LlnvH T Wphh~~

~~Geoffrey Brian Gompers Philndplnhia PA JTPhilinllllljj XJ..H Pn<;hXVLlbll~~

~~TVT Edward Greer Camririrlcrp A Ljyji lai i j_>u w ii idii David E. Gregory PivprciiHp PI A TCathlppn .Tapohs;~~

~~Paul H. Greisen OclLIQapvcimontnctlllCllLU, v^-MP A Clifford Farl Tpdmnn~~

~~To \r Louis Grumet Altamnnt NY o ay \A7nrnn£ivv ui uiid~~

~~T-? T £k\i7ic James Bailey Halliday VJUlipUI L, lVlo XV. XjcYVlb iviLxiciii y~~

~~Robert W. Hammesfahr rtlLIlal U i-ict: XJldLl~~

Martin I. Hanson ivacine, wi jjennis r . L^oney John Williams Harte Jr. AiKen, ob Julian B. Salley Tr Russell L. Healey Jacksonville, r L w imam i^acy Mahon Jr. David F. Herr Saint Paul, MN Charles Quaintance Jr. Stephen Bartels Hurlbut Washington, DC Jon Michael Wickwire THURSDAY. SEPTEMBER 20. 1990 901

~~Applicant City and State Movant~~

Charles Martin Huston Akron, OH John Richard James Aaron Louis Jackson Austin, TX James V. Sylvester Barbara Manahan Jarrett Phoenix, AZ Jessica Gifford Funkhouser Huntley Johnson Jr. Gainesville, FL Fletcher Nathaniel Baldwin Jr. Todd Joseph Kaiser Indianapolis, IN Michael Andrew Bergin Lucy Jane Karl Manchester, NH Lowell E. Sachnoff Jerold S. Kayden Cambridge, MA Gus Bloch Bauman John Neely Kennedy Baton Rouge, LA Joseph J. Levin Jr. Jon R. Ker Hewitt, TX Phillip R. Segrest Nelson R. Knapp Miami, FL John Jefferson Copelan Jr. Steven C. LaTourette Painesville, OH James Wallace Jackson Charles J. Lavelle Louisville, KY John H. Stites III Lisa Elaine Leonard Los Angeles, CA Robert Keith Holmes Gordon Archer Letter Los Angeles, CA Douglas Neal Letter Thomas R. Levy New York, NY Ralph Malcolm Brozan Dianne Lee Liddy Westminster, CA John Robert Cogorno John M. Loomis Milwaukee, WI Barry L. Chaet David S. Luker Birmingham, AL J. Wilson Dinsmore

~~Christopher J. MacAvoy Washington, DC Kathleen Elizabeth McDermott Rafael Eduardo Madrigal Miami, FL Bennett Drew Fultz 902 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

William B. Mains Morehead, KY David Alan Friedman W. Michael Maloof Decatur, GA John Wayne Moulton Mitchell G. Mandell New York, NY Patrick H. Barth Jeffrey P. Mans Loundonville, NY Susan Marie Tatro Joseph F. Manson III Fairfax, VA Michael Joseph Hurley

Susan Kay Martin Augusta, GA Lisa J. Krisher Richard McCarroll Austin, TX Walter H. Mizell Shaun Stathea McCrea Eugene, OR Andrew Neal Bates Deborah A. McDonald McComb, MS Carroll Rhodes Thomas Joseph McGonigle Washington, DC Stephen M. Colangelo William Shelby McKenzie Baton Rouge, LA Frank W. Middleton Jr.

Dennis I. Meyer Washington, DC Eugene Albert Theroux Donald Earl Mielke Lakewood, CO William R. Sharpe Milton Allen Miller Los Angeles, CA Hugh Steven Wilson James E. Milliman Louisville, KY Laramie L. Leatherman Martin Joseph Minnella Waterbury, CT Timothy C. Moynahan Mitchell Y. Mirviss Baltimore, MD Susan Dishler Shubin Gilberto Mario Moreno Washington, DC E. Richard Larson Jerome Mrowca Lombard, IL Philip Richard Telleen

~~Alvin R. Mueller New Ulm, MN Robert J. Berens Robert G. Mullendore Missoula, MT Bennet A. McCounaughy Robert W. Munley Scranton, PA Paul A. Barrett~~

~~Michael J. Murphy New York, NY John W. Castles III THURSDAY. SEPTEMBER 20. 1990 903~~

~~Applicant City and State Movant~~

Lawrence D. Murray San Francisco, CA Daniel Upham Smith Edmund F. Murray Jr. Providence, RI James E. O'Neil Robert Loewy Nelson San Rafael, CA Clyde Edward Miller Kenneth D. Noel San Diego, CA Charles M. Sevilla Gregory Steven Norris Arlington, VA Robert E. Diaz Rufus Franklin Norton Knoxville, TN Geoffrey D. Kressin Thomas Alexander Washington, DC Eugene Albert O'Donnell Theroux Hugh Fairley O'Donnell Castlewood, VA Margaret Tuttle Schenck Lino S. Lipinsky de Orlov Denver, CO John E. Sexton David R. Osborne St. Croix, VI Robert Lewis Tucker Stanley V. Ostrow Pittsburgh, PA Elliott W. Finkel Rebecca A. Palmer Minneapolis, MN Charles Quaintance Jr.

~~David R. Parker Detroit, MI Sharon S. Lutz Michael Howard Payne Fort Washington, David W. PA Starfield Daniel C. Payne Jr. Concord, CA A. Curtis Sawyer Jr.~~

~~Frank A. Perrecone Rockford, IL Lawrence J. Ferolie Jerome A. Pivnik Miami, FL Lee Ann Watson Wayne John Positan Roseland, NJ Dennis J. Drasco Amos Ulmer Priester IV Raleigh, NC Henry A. Mitchell Jr.~~

Carl S. Primavera Philadelphia, PA Edward G. Rendell Thomas Wayne Privette Santa Ana, CA Michael Jeffrey Pear Gerard W. Quinn Atlantic City, NJ Lloyd D. Levenson Melvin Radowitz Washington, DC Richard M. Landis 904 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

James F. Ralls Jr. Kansas City, MO John B. Ewing, Jr. Phillip Joseph Ramthum Milwaukee, WI Eugene A. Gasiorkiewicz Barry J. Reiber New York, NY Stanley George bolomon John C. Revis Daytona Beach, Berrien H. Becks r L raul D. Knemgold New i ork, N Y Steven Ershowsky Katneryne btokes Kickiord Washington, DC Brendolyn Renee Mcuarty John Robert Rodman Denver, CO Paul D. Renner Nathan Aaron Rosen Kansas uity, ML) Michael A. Cardozo TT _ "T\ T~) Karl„1 D. Koss„ btockton, CA Jerry B. Whitney Ivette M. Rossello San Juan, PR Roberto Segarra- Olivencia

TT _ i _ rp Lawrence S. Rothenberg Houston, IX Brian William Wice William D. Saltzman Boston, MA Michael Christopher uonanue jr. Steven Frederick Schmitt Tallassee, AL James Robert Bowles tt„i „ T\/r rp Larry G. Schuster Helena, Ml lerry B. Cosgrove

* T T\ IT j j 1 O 1 James Matthew Serlmg Rochester, NY 1 nomas Philipp Rheinstein David Alan bhaier rlacentia, CA Mark b. Roberts limotny rrederick bnields banta Ana, LA Richard Stanley Henderson

Alan L. Shulman INew i ork, IN i Barry7 Isaac olUlillLrV Susan Frederick Smith Columbia, SC Floyd D. Spence James A. Smith Grosse Pointe Richard D. Rohr Park, MI Michael W. Sozansky Jr. Flemington, NJ Michael Kenneth Ligorano THURSDAY. SEPTEMBER 20. 1990 905

~~Applicant City and State Movant~~

Christopher Keith Speed Arlington, VA John David Schmidtlein Jeffrey W. Steidley Houston, TX Thomas B. Weatherly David Alexander Stuart Clinton, TN Lenny L. Croce Dennis Michael Stutsman Morehead, KY John M. Rosenberg Ronald Allen Sutton Buffalo, NY Raymond H. Barr Julianne Marie Sweeters Los Angeles, CA Kent M. Bridwell C. David Swenson Washington, DC Eugene Albert Theroux Mary Ann Tally Fayetteville, NC Malcolm Ray Hunter, Jr. Leonard Terr Washington, DC Eugene Albert Theroux H. Victor Thomas Houston, TX Scott A. Brister Linda Frances Thome Washington, DC Miriam Rachel Eisenstein Sabin R. Thompson Nashville, TN Richard James Braun Mark Andrew Thornhill Kansas City, MO Edward James Holland, Jr.

Michael Ray Turner Dayton, OH Bradley J. Schaeffer Robert W. Turner Dallas, TX V. Bryan Medlock Jr. Nancy Clark Tyler Baton Rouge, LA Frank W. Middleton Jr. James Patrick Ulwick Baltimore, MD Andrew Jay Graham Alex Raymond Voils Jr. Indianapolis, IN Richard Dewayne Gilroy Gregory W. Walkauskas Pittsburgh, PA Roy John Roscoe Allen Duane Webber Washington, DC Eugene Albert Theroux Michael Edmond Raleigh, NC Henry A. Mitchell Weddington Jr. 906 THURSDAY. SEPTEMBER 20, 1990

~~Applicant Citv and State Movant~~

Cori Ching Weston Bloomfield, NJ Daniel C. Nowell James Michael White Rochester, NY Kenneth Arnold Payment James Lloyd White Seattle, WA Michael John Zimmar Elaine W. Whitehurst Atlanta, GA Benjamin Louis Weinberg Jr. Mark Wilson Williams Denver, CO Tucker Karl Trautman G. Gray Wilson Winston-Salem, William Frank NC Maready Ashley McHaffie Winn Santa Cruz, CA Donald F. Costello Rebecca Sellers Woodward Houston, TX Thomas Scott Woodward

~~September 7, 1990~~

~~Applicant City and State Movant~~

Gregory Albert Adams Decatur, GA Robert Earl Wilson Benjamin Spence Albright Siler City, NC Joe Don Brown Robert B. Allen Charleston, WV Robert Bruce King Mark Fjellman Anderson Minneapolis, MN C. Paul Jones Bradley D. Armstrong Madison, WI David W. Easton Elizabeth Scott Barnard Helena, MT Marc F. Racicot Baker Robert Stephen Barrett Norristown, PA Bruce Jonathan Eckel

David J. Becht San Francisco, CA Bernard J. Allard Richard Philip Bertolino Sacramento, CA Rex Thomas Kearney, Jr. Michael Bradley Bigelow Sacramento, CA William H. Collard Paul V. Bishop Sacramento, CA Joel Seymour Primes

~~Claire Pilliod Brown Detroit, MI Rosa Bava THURSDAY. SEPTEMBER 20. 1990 907~~

~~Applicant City and State Movant~~

~~Spiros P. Cocoves Toledo, OH Norman George Zemmelman Richard Eugene Coleson Terre Haute, IN James Bopp, Jr. Peter S. Cullen Montpelier, VT M. Jerome Diamond~~

Theresa Rose Rolfes Toledo, OH Martin J. DeWitt Witherell James Joseph Dufficy Denver, CO Robert P. Horen Vincent Dean Duke Bryn Mawr, PA Joseph H. Foster Robert Edwin Duncan II Topeka, KS Robert T. Stephan Jonathan James Ezer Honolulu, HI Samuel P. King, Jr. Robert Stephen Fleishman Columbia, MD Jeffrey D. T W atkiss

Terri J. Frank Old Greenwich, Joseph P. Foley CT Theresa L. Fricke Seattle, WA Richard H. Holmquist Ernest G. Gabbard Thousand Oaks, James Edmond CA Hawes Carmine Mario Garofalo Dayton, OH Wilbur Stoll Lang W. Mark Gavre Salt Lake City, Lawrence E. UT Stevens Mark Paul Geffon Los Angeles, CA Inlow Hamilton Campbell Willi James Glee Charleston, SC Anthony Bryan O'Neill Paul Andrew Green Washington, DC Jonathan Gans Axelrod Byron Arnold Gregerson Modesto, CA Dale Henry Thayer Stephen David Gross Los Angeles, CA Ira M. Siegel

~~J. C. Hambrick Jr. Kansas City, MO Hollis H. Hanover Charles A. Harwood Silver City, NM J. Wayne Woodbury Joanne Henry Tacoma, WA Clifford D. Foster, Jr. 908 THURSDAY. SEPTEMBER 20, 1990~~

~~Applicant City and State Movant~~

Alex V. Hernandez New York, NY Robert M. Morgenthau Vivien Hara Hersh San Francisco, CA Charlton Gilmore Holland, II Randall Bruce Hicks Orange CA Alvin M. Coen James Timothy Hodson Lafayette, IN Joseph T. Bumbleburg Richard S. Hoffman Brownsville, TX Harry Lee Hall Janet Pitterle Holt Washington, DC E. Barrett Prettyman, Jr. Paul Toby Housch Nashville, TN Charles Raulston Ray Kay Butler Housch Nashville, TN Charles Raulston Ray Karen K. Howard Kansas City, MO Julie R. Cooper Marc Guy Hufford Albuquerque, NM Judge Tibo J. Chavez N. Stevenson Jennette III Grand Rapids, MI Richard Allan Kay

Karen I. Johnson Overland Park, Gene E. Voigts KS David Vernon Jones San Antonio, TX Laurence S. Kurth Susan Marie Keegan Chicago, IL William Roy Coulson Thomas William Kupec Clarksburg, WV Harold Standford Yost

P. Stephen Lerario Philadelphia, PA Roland J. Atkins Kenneth Russell Lester Jr. Longwood, FL Gary Siegel Murray Tracey Maclin Teaneck, NJ Larry W. Yackle John P. Madigan Jr. St. Louis, MO John Joseph Larsen

~~Michael J. Maginnis New Orleans, LA Thomas P. Anzelmo, Sr.~~

David S. Mann Cincinnati, OH Philip Taliaferro John Lewis Marks Jr. Clarksburg, WV David J. Romano David Marx Jr. Chicago, IL Janet M. Koran Elizabeth P. Maurer Los Angeles, CA Friedrich W. Seitz THURSDAY. SEPTEMBER 20. 1990 909

~~Pifv unr\ ^tflf-p A L/fJli V_C*1 1 L v„ii \ dim OLditr ifJLU \ all L t~~

~~William Joseph McDaniel Birmingham, AL Donald Dewitt Lusk Leigh McGuigan Washington, DC Peter Kimberley Bleakley~~

Bruce J. McKee Birmingham, AL Francis H. Hare, Jr. Susan K. Meadows San Francisco, CA Robert E. Murphy James R. Miller Pittsburgh, PA Richard Douglass Klaber Daniel G. Montgomery Marysville, CA Ephraim Margolin Carroll A. Montgomery Marysville, CA Ephraim Margolin James Leo Murphy III Nashville, TN Susan Carol Short Robert Camacho Naraja Saipan, Northern David Armstrong Mariana Islands Webber Dennis M. O'Dea Chicago, IL Franklin D. Kramer Robert Michael O'Neal Troy, OH Wilbur Stoll Lang Terence M. O'Neil Mineola, NY Bruce Russell Millman Kent R.. Olson Denver, CO Don H. Sherwood Janet L. Pennisi South Orange, NJ David Feinsilver Kendall Scott Peterson Salt Lake City, Michael Jon UT Wilkins Robert Stanil Phifer Charlotte, NC James Bernard Spears, Jr. Walter A. Pickhardt Minneapolis, MN John Philip Borger Lia E. Rardin Dallas, TX Norma Lea Beasley Pamela M. Reed Richmond, VA Roger L. Chaffe Mark Neal Reinharz Mineola, NY Bruce Russell Millman Scott E. Richardson Mesa, AZ Wilford R. Richardson Robert Martin Saperstein Stamford, CT Carol M. Hoffman Ann Schindler Seattle, WA Norman Kim Maleng .

~~910 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

H,l 1C £>. oCfinUlcl rPViilorlol-nVtiannaaeipnia, rPA Ainn al. Auanib Michael Timothy Scott rPViilorlol-rvViioniiaueipnia, rs\.PA rcooeit unaries r 0QW11 T TQr>Amo \A A O UI1 OC \\ d± U 1 dLUIIld, VV Jrx Clifford n Posfpr Tv j. yj s Lei , o i ^tpvpn DvpvpII ^im'ncn'n Polpicrh \T

~~IT U VI Cll~~

~~Tnhn moan .TV T .oncTv'ipw (rlpnn A D . \ V Pptw > TY w \j mi xj kjiuaii Ui. J—iKJLli^ 1CT , J. /l VJICIIII JrX. X ci i \~~

~~T ifiS Ano*plp<> WilliamVT lllicllll ItATJ. . ^milandO lllllclllvl C A Pvnhprt M NpwpII~~

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JDRnmUI IlbLclIlPin Miphapl T Tnca Tr iTllLIldCl 1 . JL Uod ill . 1\CV% WllCdlliS, X^Tx xJ a. \ 1LI J-jdl 1 Walker John W. Vinson Austin, TX Henry A. Martin Mark David Watson Yakima WA Dennis Lee Fluegge Stephen Michael Wiles New Orleans, LA Fred E. Salley

~~September 8, 1990~~

~~Applicant City and State Movant~~

~~Neal W. Adams Bedford, TX Homer Gordon Price~~

~~Douglas George Amber Crown Point, IN Peter J. Visclosky Luther M. Amundson Minneapolis, MN Theodore Joseph Collins THURSDAY. SEPTEMBER 20. 1990 911~~

~~Applicant City and State Movant~~

Katherine Ann Andrias Bethesda, MD William T. W'atkins Mary Elizabeth P. Babcock Albany, NY Lenore Kramer Matthew David Babcock Albany, NY Lenore Kramer Robert Gregory Bailey St. Louis, MO James Edward Sullivan James Miner Bailey III Ponca City, OK Joseph S. Lewis Kenneth Eugene Barden Dayton, OH William Marc Schabler John Fritz Barnett Houston, TX David Hittner Lee Baylin Baltimore, MD Charles G. Bernstein Donald E. Beachley Hagerstown, MD W. Kennedy Boone, III Robert Eric Birne Dallas, TX Donald E. Godwin Amy Sue Bones Omaha, NE Joseph Kenneth Meusey John K. Boyer Omaha, NE Joseph Kenneth Meusey Loren L. Braverman Columbus, OH Joel Sanford Taylor Alfred Paul Britton Jr. Rochester, NY Kenneth Arnold Payment Carl Burnham Jr. Ontario, OR Emil R. Berg Hugh J. Burns Jr. Philadelphia, PA Gaele McLaughlin Barthold Sam Cale Caliendo Boca Raton, FL Francis G. McKenna Harry C. Citrino Jr. Philadelphia, PA Richard F. Furia Michael S. Cole New York, NY Richard Dickler John Mark Colette Jackson, MS Walter Scott Welch III Joseph Aloysius Conino Jefferson, LA Albert Russell Roberts Jerry D. Courtney Clarendon, TX Maston C. Courtney Laurence Vincent Cronin Wilmington, DE Karen L. Johnson Linda Graham Cryer Houston, TX Robert A. Scardino 912 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

Cynthia Marie Currin Raleigh, NC William Thomas Crisp II Joyce L. Davis Raleigh, NC Robert Foster Page Louise Trant Dobbe St. Paul, MN Stephen P. Kilgriff Thomas Edward Doig Jr. East Windsor, NJ Leonard R. Fellen Robert Henry Drummer Silver Spring, MD Nathan Joel Greenbaum John Charles Engel Milwaukee, WI Curry First Arza Rayches Feldman Hauppauge, NY Hyman Lewis Rutman Richard Bruce Finch Tulare, CA Richard Francis Humphrey John Chester Fish Kalamazoo, MI Gary P. Bartosiewicz David E. Fitzgerald Duluth, MN Richard J. Leighton Scott Norman Gelman Denver, CO John H. Licht Alejandro Benjamin El Paso, TX William Robert Gonzalez Maynard Anthony Bruce Gordon Los Angeles, CA Patrick Lynch Gregory X. Gorman Chicago, IL Robert J. Gorman Robert Anthony Graci Camp Hill, PA Ernest D. Preate Jr. Brian Colvert Griffin Washington, DC Kenneth Winston Starr Garth C. Grissom Denver, CO Michael A. Williams Barbara Ann Helton Frankfort, IL Philip Richard Gustafson Telleen Claudia Swafford Haltom Memphis, TN Wiliam Howard Haltom Jr.

~~Stephen J. Harhai Denver, CO John Kenneth Kleinheksel Kevin James Hasson Washington, DC Kevin Taylor Baine Steven F. Hauser Atlanta, GA Robert Allan Boas THURSDAY. SEPTEMBER 20, 1990 913~~

~~Applicant Citv and State Movant~~

George J. Heid Lafayette, IN Joseph T. Bumbleburg Jon M. Hesse Livingston, MT Ralph Allen Beck Derek Scott Hickam Hot Springs Paul Richard National Park, Bosson AR Gerald L. Hilsher Tulsa, OK Francis Anthony Keating II Christian Alan Horsnell Nashville, TN Harris A. Gilbert Paul Richard Howell Salt Lake City, Kay Sterling UT Cornaby Hunter R. Hughes III Atlanta, GA Richard H. Sinkneld Mary Elizabeth Jansing San Jose, CA Arnold E. Kaufman James A. Johnson Rhinelander, WI Donald Clark O'Melia Douglas Alan Johnston Raleigh, NC H. A. Cole Jr. Walter Alan Kamiat Washington, DC Laurence Stephen Gold Andrew Elias Karim Oklahoma City, Michael Geoffrey OK McGuire Michael Francis Keyes Spokane, WA Carl Edward Hueber

Michael J. Knollmeyer Cabot, AR Dana Sue McFee West Kenneth Eugene Knopf Charleston, WV James Bradley Russell Karl Knuchel Livingston, MT Jeffrey Thomas Renz Terrence Kurth Phoenix, AZ William Russell Jones Jr. Stewart Kent Lambert Cherokee Village, Herbert David AR Blair James F. Lee Binghamton, NY John M. Keeler Frank P. Leto Tucson, AZ Carol Edith Wittels Larry B. Leventhal Minneapolis, MN Kenneth E. Tilsen 914 THURSDAY. SEPTEMBER 20. 1990

~~Applicant City and State Movant~~

Stuart F. Lichterman Beverly Hills, CA James Allen Rothstein Robin Nancy Loeb Atlanta, GA Edward T. M. Garland C. Robert Loskot Baltimore, MD Charles G. Bernstein Charles Edward Maduell Seattle, WA Richard H. Holmquist Mary Beth Martin Albany, NY Lenore Kramer John Mason Jr. Denver, CO Harry M. Sterling Richard A. McCartan Olympia, WA Sara J. F inlay James Francis McCarthy Cincinnati, OH Robert Edward III Manley Kelly L. McClelland Liberty, MO Vincent F. Igoe Jr. Kevin Marshall McCormick Kansas City, MO Earl E. McCleave Robert James McDonnell Newport Beach, Robert Ira CA Schwartz Matthew J. McGowan Providence, RI James R. McGowan Alexander McVoy Mclntyre New Orleans, LA Dando B. Cellini Jr. Ronald R. McMillin Jefferson City, Lori J. Levine MO Scott Raymond Merrill Sacramento, CA Daniel E. Lungren Mark Lane Metz Milwaukee, WI Jeffrey P. Clark Harold Meyerson New York, NY Robert LeRoy Ellis Robert Michael Mirkov Merrillville, IN Daniel Toomey Woodrow Silvio Monica Jr. Houston, TX Russell James Wright David Boyce Mouton Carthage, MO Thaddeus C. McCanse Kevin Reid Murray Dallas, TX John Michael Nolan Wm. Fremming Nielsen Spokane, WA Robert H. Whaley Ricardo Juan Nunez Philadelphia, PA James J. McCabe, Jr. THURSDAY. SEPTEMBER 20. 1990 91.

~~Applicant City and State Movant~~

~~Thomas J. O'Meara Jr. Austin TX MarthaXtXCXX Lilcl VV • TerrvX CX 1 v Caine O'Rear III IVxUUllc,MnVulek AT A vonrl all Tv r\.l cIlUd.ll 0 I .~~

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Thomas A. Prince Littlp Rook AR O KJllll VJdx U.11CI .LjIIC III Meredith L. Ratcliff Kirksville, MO Maurice B Graham Donna Skinner Reed Denver, CO Brooke Wunnicke Carol Ann Remer-Smith New York, NY Lenore Kramer Frank David Remington Madison, WI Michael J. Remington Mark Carl Rifkin Philadelphia, PA Arthur W. Lefco

~~M. Jayne Rizzo Chicago IL ThomasX 1 1 \J 1 1 1CX O DX--' . Allenllllvll Jeffrey L, Rogers Portland OR Barbee B Lvon~~

~~Barry M. Rosenbaum kJ>JHLllliCLV_X,Southfield MIXYXX Marie TT Rp17PT1~~

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~~Dan M. Scheuermann Baton Rouo'P LA WinstonTT illOLUll Gerard\JI V^X Ul \X Decuir~~

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Robyn S. Shapiro Milwankpp WT £j UlllCO L, 1 V_ld.ll Richard Forrest Sharrard Edwardsville, IL Randolph E. Schum James R. Shelton Lafavette LA Charles J. Boudreaux Jr. Frank Shor Dallas, TX Fred Time Robert L. Shuftan Chicago, IL Thomas D. Allen Benjamin R. Simpson Wallace, ID Gary C. Randall Michael Edward Snyder Hamilton, VA L. James D'Agostino ,

~~916 THURSDAY. SEPTEMBER 20. 1990~~

~~Applicant City and State Movant~~

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JohntJ Willi Pharlpswlltil 1L O WawpmaTT u VV v_ 1 lid Las Vpcas NV Johnrj \J 1111 tJJulian\~A. x 1 CI 1 I Graves Jr. Michael J. Weiser Alexandria, VA Stefan Clay Long Richard Karl Wpst Sr)rinp*horo OH Prpd K Jonps

Pnyr>nc Pnvioh TnnTTicic T a t\ 1 IlUIIlda V^ldUUfc! VV Ileal V^UX pUfe V_ylll loll, X HUIIldo Xj \m1111 K11 TXX A XJ UoUjC V»Af dcldlU Jjcc VV lliYcx »UI1 odllCon JL/lcgU,Tlipcrn P A 1yd V1U XV. V_yldxl\ Thomas Lynn Williams Hot Springs Paul Richard

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~~Norman H. Wright V/IIldlld.,OmQVici IN"WFX_i dUoCpil JVCllllCLll Meusey~~

^h'lrnn Fliiinp "V'upItpv T ,n<; Ancrplpc; OIlclIUJl I_i ldllltr A ctLl\c V PA vjrcriOpralHciili j.Prankliniciiirviiii Crump Thomas Troy Zieman Jr. Mobile, AL Lester M. Bridgeman David Zwiebel New York, NY Samuel Mark Krieger (JOURNAL) FRIDAY. SEPTEMBER 21. 1990 9 1 7 SUPREME COURT OF THE UNITED STATES

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

~~Orders in Pending Cases~~

~~No. A-160. Mahmoud El-Abed Ahmad, Applicant v. George Wigen, etc. The application for stay addressed to Justice Stevens and referred to the Court is denied.~~

~~No. A-170. Djelos Ivezaj, Applicant v. Immigration and Naturaliza- tion Service, et al. The application for stay of deportation addressed to~~

~~Justice Marshall and referred to the Court is denied.~~

No. D-854. In the Matter of Disbarment of Thomas J. McCallum. Disbarment order entered. No. D-878. In the Matter of Disbarment of Jeffrey Mark Schwartz. Disbarment order entered. No. D-894. In the Matter of Disbarment of Bernard Herbert Ostrow- sky. Disbarment order entered. No. D-900. In the Matter of Disbarment of John M. Skevin. Disbar- ment order entered. No. D-901. In the Matter of Disbarment of Bruce A. Olster. Disbar- ment order entered. No. D-906. In the Matter of Disbarment of Jonathan Erickson. Dis- barment order entered. No. D-912. In the Matter of Disbarment of Frederick Brockmeier, IV. Disbarment order entered. No. D-924. In the Matter of Disbarment of Charles Lionel Parker. It is ordered that Charles Lionel Parker, of Akron, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-925. In the Matter of Disbarment of H. J. M. Melaro. It is ordered that H. J. M. Melaro, of Silver Spring, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-926. In the Matter of Disbarment of Willard Carlos McBride.

~~It is ordered that Willard Carlos McBride, of Hillcrest Heights, Mary- 918 FRIDAY, SEPTEMBER 21. 1990~~

land, 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-927. In the Matter of Disbarment of Michael Isaacson. It is ordered that Michael Isaacson, of Baltimore, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-928. In the Matter of Disbarment of Michael Jennings Keady. It is ordered that Michael Jennings Keady, of Palo Alto, 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-929. In the Matter of Disbarment of Robert E. Brimberry. It is ordered that Robert E. Brimberry, of Brea, 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-930. In the Matter of Disbarment of Donald L. Hobson. It is ordered that Donald L. Hobson, 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. D-931. In the Matter of Disbarment of James P. Ryan. It is ordered that James P. Ryan, of Fort Lauderdale, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-932. In the Matter of Disbarment of Charles L. Bussey, Jr. It is ordered that Charles L. Bussey, Jr., of St. Louis, Missouri, 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-933. In the Matter of Disbarment of Arnold L. Ross. It is ordered that Arnold L. Ross, of Agoura Hills, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-934. In the Matter of Disbarment of R. Michael Standard. It is ordered that R. Michael Standard, of Los Angeles, California, be sus- FRIDAY, SEPTEMBER 21, 1990 919 pended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-935. In the Matter of Disbarment of Peter J. Antico. It is ordered that Peter J. Antico, of Jersey City, 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-936. In the Matter of Disbarment of David Phillip Feldman. It is ordered that David Phillip Feldman, of East Amherst, 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-937. In the Matter of Disbarment of William Alan Deam. It is ordered that William Alan Deam, of Yankton, South Dakota, 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-938. In the Matter of Disbarment of Gregory F. Ireland. It is ordered that Gregory F. Ireland, of Carmel, 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. 90-348. New Era Publications International, ApS, Petitioner v. Carol Publishing Group. The application for stay addressed to Justice O'Connor and referred to the Court is denied.~~

~~No. 90-5723. James Steeley, Petitioner v. Alabama. The application for stay addressed to Justice Scalia and referred to the Court is denied.~~

~~Assignment Order~~

An order of the Chief Justice designating and assigning Justice Pow- ell (Retired) to perform judicial duties in the United States Court of Appeals for the Eleventh Circuit during the period of September 19 through September 20, 1990, and for such 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.