October Term, 1984

OCTOBER TERM, 1984

Reference Index

Contents: Page

Statistics ii

General iii

Appeals Ill

Arguments iii Attorneys iv Briefs iv Certiorari v Costs and Damages v Judgments and Opinions v Miscellaneous vii Original Cases vii Parties viii Rehearings viii Rules VIII Stays vui Conclusion ix

(I) II

STATISTICS AS OF JULY 2, 1985

In F'orms Paid Original Pauperis Total Cases Cases

Number of cases on docket ...... 15 2,575 2,416 5,006 Cases disposed of 8 2,175 2,078 4,261

Remaining on docket 7 400 338 745

Cases docketed during term: Paid cases 2,036

In forma pauperis cases , 2,007 Original cases 4 Total 4,047

Cases remaining from last term 959 Total cases on docket 5,006 Cases disposed of 4,261 Number remaining on docket 745 Petitions for certiorari granted: In paid cases 130 In in forma pauperis cases *18 Appeals granted: In paid cases 37

In in forma pauperis cases , 0 Total cases granted plenary review 186 Cases argued during term 175

Number disposed of by full opinions , 159 Number disposed of by per curiam opinions 11 Number set for reargument next term 1 Cases available for argument at beginning of term 80 Disposed of summarily after review was granted 9

Original cases set for argument 1 Cases reviewed and decided without oral argument **73 Total cases available for argument at start of next term 87

Number of written opinions of the Court 139 Opinions per curiam in argued cases 11

Number of lawyers admitted to practice as of October 7, 1985: On written motion 2,964 On oral motion 1,260 Total 4,224

*Does not include No. 85-5319 **Does not include No. 85-97 Ill

GENERAL: Page

Court convened to announce beginning of October Term

1984 on October 1, 1984 1 Court attended Inauguration of the President in Rotunda of the Capitol on January 21, 1985 373 Formal Inauguration held Sunday, January 20, 1985 in White House Reagan, Ronald W., Oath of President administered by Burger, C. J Bush, George H. W., Oath of Vice President administered by Stewart, J. (Retired) Austria, President and Members of Constitutional Court attended arguments 605 Foley, William E., announcement of retirement as Direc- tor of the Administrative Office of the United States Courts 800 Hazelton, Penny, served as Acting Librarian from March 28 to July 15, 1985 Jacobs, Roger F., resigned as Librarian March 27, 1985... Margeton, Stephen G., appointment order as Librarian.... 745 Mecham, L. Ralph, announcement and appointment order as Director of the Administrative Office of the United States Courts, effective July 15, 1985 799, 800 Meese, Edwin, III, Attorney General, presented to Court 532 Orders and opinions announced on Inauguration Day 1985 353 Powell, J., moved admission of son and daughter-in-law... 687 Spaniol, Joseph F., Jr., announcement and appointment order as Clerk 744, 800 Stevas, Alexander L., announcement of retirement as Clerk, July 31, 1985 800 APPEALS:

Appeal dismissed as to one question; probable jurisdiction noted as to other question (84-1538) 678 Appeal from Special Court, Regional Rail Reorganization Act of 1973. Judgment affirmed (84-450) 289 Cross-appeal properly filed pursuant to 28 U. S. C. 1252 and Rule 12.4. Footnote 21 in opinion (83-1492 and 84-1633) 508 ARGUMENTS: Case argued by two former federal judges (83-1153) 114 IV

ARGUMENTS—Continued Page

Cases reargued (82-1913 and 82-1951; 83-712; 83-18) 87, 89, 91 Cases restored to calendar for reargximent (83-1894, 83-2161, 84-9; 84-468). Reargued.,.. 519, 540, 601, 603, 605 Case restored to calendar for reargument next Term (83-1807) 736 Leave granted for argument by amicus curiae. Four Jus- tices would deny motion (84-773) 736 Pro se argument by member of Bar of Court (84-231; 84- 592) 436, 512 Renewed motion to participate in oral argument as amicus curiae granted. Party ceded time (84-165) 384 Republic of France granted leave to argue as amicus curiae and case argued (83-1785) 291, 349 Three hours of argument scheduled for April 22, 1985, April 23, 1985, April 24, 1985 600 ATTORNEYS:

Admission to Bar granted. Dissenting opinion by Chief

Justice (No. ; No. ) 558, 782 Appointment of counsel (83-935; 83-5954; 84-5004; 83-1748; 84-5059; 84-5108; 83-2146; 84-48, 84-438, 84-465; 83- 1750; 83-2143, 84-320; 84-755; 84-1023; 84-786; 84-5636; 84-836; 84-1103; 84-1321; 84-1361; 84-6646; 84-1288;

84-1480; 84-1513; 84-1531, 84-1539) 9, 11, 148, 176, 199, 219, 248, 270, 291, 292, 386, 484, 519, 520, 541, 609, 631, 677, 692, 713, 714, 755, 783 Appointment of counsel denied. Attorney invited to brief

and argue as amicus curiae. Case argued (83-529) .... 9, 243 Motion to disqualify counsel denied (84-724) 539

Readmission to Bar of Court denied (No. ; No. ;

84-390, No. ) 7, 232, 327 Request to resign as member of Bar allowed (D-437;

D-446; D-474) 8, 147, 608 Suspension vacated. Rule to Show Cause discharged (D-475) 558 BRIEFS:

Brief to be filed after argument by leave of Court (83-1020) 115

Leave to file consohdated amicus curiae brief in excess of page limitation denied (84-648 and 84-822) 386 V

BRIEFS—Continued Page

Leave to file joint appendix that did not comply with Rules denied (84-312) 385 Leave to supplement joint appendix granted (84-310) 559 Leave to supplement record granted (84-822) 608 Motion to exclude documents from joint appendix denied (84-1360) 713 Motion to strike brief of amicus curiae denied (84-1244).. 520 Motion to strike portions of brief denied (83-1427) 10 CERTIORARI: Certiorari granted. Judgment (USCA) vacated and case remanded in light of the Deficit Reduction Act of 1984, Pub. L. No. 98-369 (83-1963) 326 Certiorari granted. Judgment (USCA) vacated and case remanded in light of Solicitor General's present interpretation of federal rules (83-2082, 84-5412) 146, 268 Certiorari granted. Judgment (USCA) vacated and case remanded to USCA to dismiss as moot (84-823) 355, 540 Certiorari granted. Judgment (USCA) vacated prior to argument in light of assertions set forth in motion to vacate (84-5636) 441, 630 Certiorari granted. Parties requested to address additional question (83-1624) 249 Certiorari with appendix filed under seal denied (84-5411) 287

Leave to file petition without affidavit of indigency denied

(No. ) 518 Military Appeals Court. First summary disposition (84-1015) 607 Order entered amending grant of certiorari (84-5555) 478 Order granting certiorari vacated, petition for certiorari dismissed. Respondent died (84-501) 557 COSTS AND DAMAGES:

Motion for award of costs and attorneys' fees denied (84-382; 83-1950; 84-1291) 160, 176, 643

Motion for damages denied (83-1839; 84-252) .76, 183 Motion to retax costs granted (82-1889) 782 Opinion respecting award of damages pursuant to Rule 49.2 against counsel of record (84-18 and 84-337) 515 Respondents denied leave to proceed further herein in forma pauperis (83-529) 9

Retaxation of costs denied (83-558; 83-703 and 83-1031) 9, 713 VI

JUDGMENTS AND OPINIONS: Page Judgments: Judgment (USDC) affirmed as to constitutionality of statute; reversed as to standing (83-1032 and 83-1122) 507 Judgment (USCA) affirmed with respect to finding of liability under federal law, and reversed with respect to the exercise of ancillary jurisdiction over counties' cross- claim for indemnification (83-1065 and 83-1240) 475 Judgment (USCA) in granted case summarily vacated and case remanded for consideration in light of new statute (84-55) 268

Judgment (USCA) reversed insofar as it upheld the Dis- trict Court's denial of motion to compel arbitration (83-1708) 475 Judgment (USCA) vacated and case remanded for reconsideration in light of new statute "and other events

occurring" since USCA entered judgment (84-1398) .... 661 Judgment (USCA) vacated and case remanded with instructions that USDC vacate one conviction (84-5004).. 535 Judgment (USCA) vacated and case remanded with instructions to dismiss appeal for want of jurisdiction (84-127) 749

Opinions:

Appeal dismissed. Treating the papers as petition for certiorari, certiorari granted, judgment (USCA) vacated in opinion per curiam (84-1440) 629 Appeals dismissed in opinion of Court. Treating the papers as petitions for certiorari, certiorari granted, judgment affirmed (84-237, 84-238 and 84-239) 795 Judgment affirmed by equally divided Court. Opinion per curiam (83-2030, 83-6663; 84-16, 84-249, 84-277; 83-2126, 84-5059; 83-1944) 535, 537, 555, 750 Judgment announced and opinion delivered by Justice Powell, joined by two other Justices (83-18) 775 Judgment (State Court) summarily reversed in opinion per curiam (83-1367; 83-6775; 84-5332; 84-914) 197, 217, 267, 461 Judgment (USCA) summarily reversed in opinion per curiam (84-1165) 629 Judgment (USCA) summarily vacated in granted cases before argument in opinion per curiam (83-1045 and 83-5878) 217 VII

JUDGMENTS AND OPINIONS—Continued Page Opinions—Continued Judgment (USCA) reversed in opinion per curiam. Leave granted to supplement record (84-690) 481 Motion for clarification of opinion denied (83-1452) 595

National League of Cities v, Usery, 426 U.S. 833 (1976) overruled in reargued cases (82-1913 and 82-1951) 432

Opinion per curiam in argued cases (82-1889; 84-822) . 585, 796 Writ dismissed as moot. Opinion per curiam (83-963)..... 322 MISCELLANEOUS:

Leave to treat notice of appeal as petition for certiorari

denied (No. ) 198

ORIGINAL CASES:

9 Orig. —Exceptions to Report of Special Master set for oral argument; divided argument granted; argued; opinion issued and parties to submit

proposed decree 8, 147, 242, 457 27 Orig. —Report of Special Master filed. Report adopted. Decree entered 559 35 Orig. —New York-Rhode Island Boundary case argued; opinion issued; decree entered 242, 432, 608 Massachusetts Boundary case. Report of Spe- cial Master filed and briefing schedule set.... 736 79 Orig. —Report of Special Master filed; briefing schedule set; leave to dismiss bill of complaint denied 9, 269 Report of Special Master adopted. Parties to submit proposed decree to Special Master for his approval and submission to the Court 290 Report adopted and approved. Decree entered. Claims of plaintiff dismissed with prejudice. Costs taxed against plaintiff. Special Master discharged 782 88 Orig. —Award of fees and expenses to Special Master granted. Case dismissed pursuant to Rule 53.1. Special Master discharged 588 92 Orig. —Report of Special Master filed. Decree entered. Certified copies of Exhibits to be filed with Land Records Custodians; Special Mas- ter awarded costs and discharged 608, 782 99 Orig. —Leave to file bill of complaint denied 384 VIII

ORIGINAL CASES—Continued Page

100 Orig. —Leave to file bill of complaint denied 559 101 Orig. —Leave to file bill of complaint denied 736 102 Orig. —Motion to expedite denied. Leave to file bill of complaint denied 540, 677 PARTIES:

Leave to intervene denied (84-150) 12 Leave to intervene granted (84-355; 84-1432) 415, 616 Leave to proceed as seaman granted (83-1989) 77 REHEARINGS:

Order suspending effect of denial of certiorari and staying execution of sentence of death vacated. Rehearing denied (83-6350) 451 Rehearing granted. Order denying certiorari vacated. Certiorari granted. Judgment vacated and case remanded (82-976) 6 Response to petition for rehearing requested (84-5350 and 84-6051) 249, 632 Response to petition for rehearing requested. Rehearing granted. Judgment (State Court) vacated and case remanded (84-315) 292, 735 Response to petition for rehearing requested. Rehearing granted. Order denying certiorari vacated. Certiorari granted. Judgment (State Court) vacated and case remanded (84-5092) 177, 753 RULES:

Rules of Civil Procedure amended and transmitted to Congress 617 Rules of Criminal Procedure amended and transmitted to Congress 617 Rules of procedure governing proceedings in Bankruptcy Cases amended and transmitted to Congress 617 STAYS:

Application for stay of execution denied A-253 (Briley executed 10/12/84) 117 84-5566 & A-342 (Knighton executed 10/30/84) 127, 169 84-5648 (Barefoot executed 10/30/84) 160 83-6829 & A-360 (Palmes executed 11/08/84) 161, 191 '

STAYS—Continued Page 84-5687 (Willie executed 12/28/84) 195 A-541 (Skillern executed 01/16/85) 350 A-584 (Raulerson executed 01/30/85) 375 A-705 (Young executed 03/20/85) 512 A-859 (de la Rosa executed 05/15/85) 659 A-903 (Francois executed 05/29/85) 690 A-964 (Milton executed 06/25/85) 773 Application for stay of execution and certiorari denied (84-6316 and 84-6960) 500, 773 Application for stay of execution denied. Certiorari denied. Rehearing denied (84-6325) (Witt executed 03/06/86) 479 Application for stay of execution denied. Rehearing denied (84-5609) (Green executed 01/08/85) 307 Application for stay of execution of sentence of death denied (A-181). Treating application for stay as petition for certiorari, certiorari granted. Order denying stay of execution vacated. Stay of execution granted (85-5319) 811 Application for stay of execution of sentence of death

granted minutes before scheduled execution (85-5220) . 807 Application for stay of execution pending filing of petition for certiorari granted (A-597 and A-641) 379, 437

Application to vacate stay of execution granted (A-220) .. . 849 Order staying execution of sentence of death vacated and certiorari denied; application for stay of execution denied (A-445); rehearing and supplementary application for stay denied (83-1845) (Stephens executed

12/12/84) , 231, 287 CONCLUSION:

Announcement that all remaining opinions will be ready July 2, 1985 796 Call of calendar suspended; last scheduled argument April 24, 1985 596, 605 Final recess order entered and announced July 2, 1985 799, 801

(JOURNAL) MONDAY, OCTOBER 1, 1984 1 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1983 Term of the Supreme Court of the United States is now closed and the 1984 Term is now commenced." The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1611. Peter Walton, Appellant v, Alaska Bar Association. Ap- peal from the Supreme Court of Alaska. The appeal is dismissed for want of a substantial federal question.

No. 83-1814, Volkswagen of America, Inc., Appellant v. Superior Court of California, City and County of San Francisco (Joan Nosse, et al.. Real Parties in Interest). Appeal from the Court of Appeal of Cahfomia, First Appellate District. The appeal is dismissed for want of a substantial federal question.

. No. 83-1979. Dennis M. Perruccio, Appellant u Connecticut. Appeal from the Supreme Court of Connecticut. The appeal is dismissed for want of a substantial federal question.

No. 83-2029. Safe Water Foundation of Texas, et al.. Appellants v. City of Houston. Appeal from the Court of Appeals of Texas, First Supreme Judicial District. The appeal is dismissed for want of a substantial federal question.

No. 83-2168. Ruel A. Galbreath, Appellant v. School Board of

Broward County, Florida, et al. Appeal from the Supreme Court of

Florida. The appeal is dismissed for want of a substantial federal question.

No. 83-6510. L. C, Appellant v. Florida Department of Health and Rehabilitative Services. Appeal from the District Court of Appeal of

Florida, Second District. The appeal is dismissed for want of a substantial federal question. 2 MONDAY, OCTOBER 1, 1984

No. 84-40. Leo J. Talikka, etc., Appellant v. Department of Mental

Health and Mental Retardation, etc., et al. Appeal from the Court of Appeals of Ohio, Lake County. The appeal is dismissed for want of a substantial federal question.

No. 84-43. Good Samaritan Hospital of Maryland, Inc., Appellant v.

Maryland, et al. Appeal from the Court of Appeals of Maryland. The appeal is dismissed for want of a substantial federal question.

No. 84-66. Wine and Spirits Specialty, Inc., Appellant v. Edward D.

Daniel, Director, Department of Public Safety, et al. Appeal from the Supreme Court of Missouri. The appeal is dismissed for want of a substantial federal question.

No. 84-98. Benjamin Allen Pope, Appellant v. Texas. Appeal from the Court of Appeals of Texas, Fourteenth Supreme Judicial District. The appeal is dismissed for want of a substantial federal question.

No. 84-126. Victor Perella, Appellant v. New Jersey. Appeal from the Superior Court of New Jersey, Appellate Division. The appeal is dismissed for want of a substantial federal question.

No. 84-134. Peter J. Coruzzi, Appellant v. New Jersey, et al. Appeal from the Supreme Court of New Jersey. The appeal is dismissed for want of a substantial federal question.

No. 84-137. Susan E. Davidson, Appellant v. Illinois. Appeal from the Appellate Court of Illinois, Fifth District. The appeal is dismissed for want of a substantial federal question.

No. 84-152. Henry Brewer, et al.. Appellants u City of Winston-

Salem, N.C., et al. Appeal from the Court of Appeals of North Caro- lina. The appeal is dismissed for want of a substantial federal question.

No. 84-156. Macon Association for Retarded Citizens, Appellant v. Macon-Bibb County Planning and Zoning Commission. Appeal from the

Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question.

No. 84-158. Rocky B. Fisheries, Inc., et al.. Appellants v. North Bend Fabrication & Machine, Inc., et al. Appeal from the Court of Ap- peals of Oregon. The appeal is dismissed for want of a substantial federal question. No. 84-167. Firestone Tire & Rubber Company, Appellant u Fran- chise Tax Board of California. Appeal from the Court of Appeal of Cali- fornia, Second Appellate District. The appeal is dismissed for want of a substantial federal question. MONDAY, OCTOBER 1, 1984 3

No. 84-221. Robert E. Henshaw, et ux., et al., Appellants v. State Tax Commission of Michigan, et al. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question.

No. 84-5221. Richard Evans, et ux., etc., Appellants v. Harley Hotels, Inc. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question.

No. 83-1770. Delta Marine Contractors, Inc., Appellant v. Avondale Shipyards, Inc. Appeal from the Court of Appeal of Louisiana, Fourth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 83-1790. Mississippi River Transmission Corporation, Appellant

V. George B. Simonton, etc. Appeal from the Court of Appeal of Louisi- ana, Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1955. Donald J. Harman, Appellant v. La Crosse Tribune, et al. Appeal from the Court of Appeals of Wisconsin, District IV. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1997. John C. Amis, Jr., Appellant u City of Fort Myers, Florida, et al. Appeal from the District Court of Appeal of Florida, Sec- ond District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2037. City of Lambertville, Apppellant v. Lambertville Policemen's Association. Appeal from the Superior Court of New Jer- sey, Appellate Division. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2068. Donald E. Gann, Appellant v. San Jose City Council, et al. Appeal from the Superior Court of California, County of Santa Clara. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2074. Hazel A. Hester, Appellant v. Department of Health and Human Services. Appeal from the United States Court of Appeals 4 MONDAY, OCTOBER 1, 1984 for the Federal Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2138. Citizens Federal Savings and Loan Association of Day- ton, Ohio, Appellant v. Van W. Page, et al. Appeal from the Court of Appeals of Ohio, Warren County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2149. Edward Dobreff, et ux.. Appellants v. Township of Harrison. Appeal from the Couit of Appeals of Michigan. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-2157. Crane Neck Association, Inc., et al., Appellants v. NYC/Long Island County Services Group, et al. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5907. Charles Iseley, Sr., Appellant v. Pennsylvania. Appeal from the Supreme Court of Pennsylvania, Eastern District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6272. Nonna Osipova, Appellant v. Fred Brooks, et al. Ap- peal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6479. Willie Lane Alexander, Jr., Appellant v. Tennessee. Appeal from the Supreme Court of Tennessee, Middle Division. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6670. Nellie Washington Roy, et al.. Appellants v. City of Middletown. Appeal from the Court of Appeals of Ohio, Butler County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 83-6803. Charles Arty George, Appellant u Houston Police De- partment, et al. Appeal from the United States Court of Appeals for the Fifth Circuit. The appeal is dismissed for want of jurisdiction. MONDAY, OCTOBER 1, 1984 5

Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6886. GHbert G. Velilla, Appellant v. UTC/Hamilton Stand- ard Division, et al. Appeal from the United States Court of Appeals for the First Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6894. Burton Linne, Appellant v. Virginia. Appeal from the Supreme Court of Virginia. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition

for writ of certiorari, certiorari is denied.

No. 83-7008. Chris N. Perry, Appellant v. District of Columbia. Ap- peal from the District of Columbia Court of Appeals. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-7027. Sadie Smith, Appellant v, Chattanooga-Hamilton County Hospital, et al. Appeal from the United States Court of Appeals for the Sixth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-208. August (Gus) Caito, Appellant v. Indiana. Appeal 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.

No. 84-247. Lavaun Chetister, Appellant v. James G. Chetister. Ap- peal from the Court of Appeals of Ohio, Lucas County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5033. Frank A. Summa, Appellant v. Thomas J. Russo, et al. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5073. James Walton Mack, Jr., Appellant v. W. R. Grace Company, et al. Appeal from the United States District Court for the Northern District of Georgia. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition

for writ of certiorari, certiorari is denied.

No. 84-5326. Raymond L. Medlin, Appellant v. City and Borough of Sitka. Appeal from the Supreme Court of Alaska. The appeal is dis- 6 MONDAY, OCTOBER 1, 1984 missed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1823. George W. Strake, Jr., Appellant u A. M. Seamon, et al. Appeal from the United States District Court for the Eastern District of Texas. The judgment is affirmed. No. 83-1893. Equal Employment Opportunity Commission, Appel- lant V. Martin Industries, Inc. Appeal from the United States District Court for the Northern District of Alabama. The appeal is dismissed for want of jurisdiction. No. 83-1938. Equal Employment Opportunity Commission, Appel- lant V. Westinghouse Electric Corp. Appeal from the United States District Court for the Western District of Pennsylvania. The appeal is dismissed for want of jurisdiction.

No. 84-63. Frederick L. Jerry, Appellant v. General Motors Cor- poration, etc. Appeal from the United States District Court for the Eastern District of Michigan. The appeal is dismissed for want of jurisdiction.

No. 84-176. Utility Consulting Services, Inc., Appellant v. City of San Juan. Appeal from the Supreme Court for the Commonwealth of Puerto Rico. The appeal is dismissed for want of jurisdiction.

No. 84-5280. Edward Matkovcik, Appellant v, Illinois. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of jurisdiction.

No. 83-2046. Joseph Berry, Appellant v. Michigan Racing Commis- sioner. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question. Justice Brennan would note probable jurisdiction and set the case for oral argument.

No. 84-147. Rita Miller, et al., Appellants v. California Commission on the Status of Women. Appeal from the Court of Appeal of California, Third Appellate District. The appeal is dismissed for want of jurisdiction. Doremus v. Board of Education, 342 U.S. 429 (1952).

Certiorari—Summary Disposition

No. 82-976. California, Petitioner v. Roscoe Howard, Jr. The petition for rehearing is granted. The order entered April 30, 1984 denying the petition for writ of certiorari is vacated. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Fifth Appellate District, for further consideration in light of California v. Beheler, 463 U.S. (1983). MONDAY, OCTOBER 1, 1984 7

Justice Brennan, Justice White, Justice Marshall and Justice Stevens dissent.

No. 83-1691. John R. Block, Secretary of Agriculture, et al.. Peti-

tioners V. Ronald E. Payne, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Elev- enth Circuit for further consideration in Hght of Heckler v. Community Health Services of Crawford County, Inc., 467 U.S. (1984).

No. 83-1818. United States, Petitioner v. Donna Hylin, Individually and as Administrator of the Estate of Donald HyHn, Deceased. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of

United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. (1984). No. 84-120. Margaret M. Heckler, Secretary of Health and Human

Services, et al.. Petitioners v. Michigan Academy of Family Physicians, 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 Heckler v. Ringer, 466 U.S. (1984).

Orders in Pending Cases

No. . Roger A. Surman and Kathleen M. Surman, Applicants v. Merrill Lynch, Pierce, Fenner & Smith, Inc., and David Richard WuLff. The motion to direct the Clerk to file the petition for writ of certiorari out-of-time is denied.

No. . In the Matter of the Application of Jack Seymour Wasser- man for Readmission to the Bar of this Court; and

No. . In the Matter of the Application of George R. Osborne for readmission to the Bar of this Court. The appKcations for readmission to the Bar of this Court are denied. No. A-150. First Federal Savings and Loan Association of Bismarck,

Applicant v. Theodore George Hulm and Tom A. Brigham. The application for stay addressed to Justice Rehnquist and referred to the Court is denied. 8 MONDAY, OCTOBER 1, 1984

No. D-423. In the Matter of Disbarment of Robert Edward Hedicke. Disbarment order entered. No. D-427. In the Matter of Disbarment of Jesse Benjamin Stoner. Disbarment order entered. No. D-437. In the Matter of Disbarment of Alexander Feinberg. Al- exander Feinberg, of Haddonfield, 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 June 11, 1984, is hereby discharged. No. D-438. In the Matter of Disbarment of Joseph Richard Guardino. Disbarment order entered.

No. D-449. In the Matter of Disbarment of Ralph Hochstein. It is ordered that Ralph Hochstein, of Minneapolis, Minnesota, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-450. In the Matter of Disbarment of Erich Reisch. It is ordered that Erich Reisch, of The Bronx, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-452. In the Matter of Disbarment of Morton Roy Shankman. It is ordered that Morton Roy Shankman, of Cooper City, 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-453. In the Matter of Disbarment of Gary Zane Nothstein. It is ordered that Gary Zane Nothstein, 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--454. In the Matter of Disbarment of Robert Edward West. It is ordered that Robert Edward West, of Rutland, Vermont, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The Exceptions to the Report of the Special Master are set MONDAY, OCTOBER 1, 1984 9 for oral argument in due course. Justice Marshall took no part in the consideration or decision of this order.

No. 79, Original. State of Oklahoma, Plaintiff v. State of Arkansas. The Report of the Special Master is received and ordered filed. Excep- tions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies to such Exceptions, with supporting briefs, may be filed within 30 days.

No. 83-529. United States, Petitioner v. William Harris Sharpe and Donald Davis Savage. The motion of respondents for leave to proceed further herein in forma pauperis is denied. The motion of respondents for appointment of counsel is denied. Mark Jeffrey Kadish, Esquire, of Atlanta, Georgia, a member of the Bar of this Court, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

No. 83-558. Irving Independent School District, Petitioner v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. The motion of respondents to retax costs is denied.

No. 83-712. New Jersey, Petitioner v. T.L.O. The motion of Legal Aid Society of the City of New York, et al. for leave to file a brief as amid curiae is granted. The motion of National Education Association for leave to file a brief as amicus curiae is granted. The motion of Los

Angeles County Public Defender's Office for leave to file a brief as amicus curiae, out-of-time is denied.

No. 83-812. George C. Wallace, Governor of the State of Alabama, et al.. Appellants v. Ishmael Jaffree, et al. The motion of Lowell P.

Weicker, Jr. , for leave to participate in oral argument as amicus curiae is denied.

No. 83-912. Edward Luce, Petitioner v. United States. The motion of the Solicitor General to permit Bruce N. Kuhlik, Esquire, to present oral argument pro hac vice is granted. Justice Stevens took no part in the consideration or decision of this motion.

No. 83-935. United States, Petitioner v. John Clyde Abel. The motion for appointment of counsel is granted and it is ordered that Yolanda Barrera Gomez, Esq., of Los Angeles, California, is appointed to serve as counsel for the respondent in this case.

No. 83-1013. Chemical Manufacturers Association, et al. , Petitioners

V. Natural Resources Defense Council, Inc., et al.; and

No. 83-1373. United States Environmental Protection Agency, Peti- tioner V. Natural Resources Defense Council, Inc. , et al. The motion of 10 MONDAY, OCTOBER 1, 1984

Southeastern Fisheries Association, Inc. for leave to file a brief as amicus curiae is granted.

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., et al. The motion of Open Lands Project, et al. for leave to file a brief as amici curiae is granted.

No. 83-1274. MetropoHtan Life Insurance Company, et al., Appel- lants V. W. G. Ward, Jr., et al. The motion of appellee Ward for leave to file out-of-time motion for divided argument is denied. No. 83-1427. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Johnny Paul Witt. The motion of petitioner to strike portions of respondent's brief is denied. No. 83-1452. R. Anthony Marrese and Michael R. Treister, Petition- ers V. American Academy of Orthopaedic Surgeons. The motion of Illi- nois, et al. for leave to participate in oral argument as amici curiae and for divided argument is granted. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this motion.

No. 83-1623. Phyllis A. Anderson, Petitioner v. City of Bessemer City, North Carolina. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-1751. John R. Robinson, Petitioner v. Mississippi. The SoHci- tor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1868. John E. White, Appellant v. Dougherty County Board of Education, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1896. Mobil Oil Corporation, Petitioner v. Jerry A. Blanton, and Roy H. Healey. The Sohcitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1925. Hillsborough County, Florida, et al., Appellants v. Automated Medical Laboratories, Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1963. Barrett Toan, etc., et al.. Petitioners v. Lucinda Cun- ningham, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1968. Rufus L. Edmisten, et al.. Appellants v. Ralph Gingles, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 83-2052. Hanoch Tel-Oren, in his capacity as father, on behalf of the deceased, Imry Tel-Oren, et al.. Petitioners v. Libyan Arab Repub- MONDAY, OCTOBER 1, 1984 11

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

No. 84-21. William J. Scott, etc., Petitioner!'. City of Hammond, In- diana, et al,; and

No. 84-38. Illinois, et al.. Petitioners v. City of Milwaukee, et al. and

Illinois, et al.. Petitioners v. Sanitary District of Hammond, et al. The

Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 83-6760. Raymond L. Sanders, Petitioner v. Grand Union Com- pany, et al. The motion of petitioner to consolidate this case with No. 83-1739, Local Union No. 1020 v. McNaughton is denied.

No. 83-2004. Matsushita Electric Industrial Co., Ltd., et al., Peti- tioners V. Zenith Radio Corporation, et al. The motion of American As- sociation of Exporters, et al. for leave to file a brief as amid curiae is granted. The motion of the Government of Japan for leave to file a brief as amicus curiae is granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Man- agement. The motion for appointment of counsel is granted and it is ordered that John Murcko, Esquire, of Oakland, California, is appointed to serve as counsel for the petitioner in this case.

No. 83-6061. Jose Garcia and Francisco Garcia, Petitioners v. United States. The motion of Robyn J. Hermann, Esq., to permit Charles G. White, Esquire, to present oral argument pro hac vice on behalf of petitioners is granted.

No. 83-6536. John Fred Cirillo, Petitioner v. RepubUc Steel Corpora- tion. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis, or in the alternative, for an extension of time to comply with order of May 29, 1984, is denied.

No. 83-6634. E. Christman Dawn, et al., Appellants v. H. Rex

Greene, MD., Inc., et al. The motion of appellants for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 83-6774. Eugene You-Chi Soong, Petitioner v. Hofstra Univer- sity. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would 12 MONDAY, OCTOBER 1, 1984 deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 83-6828. Robert Laurence Pepper, Petitioner v. Superior Court of California, County of Los Angeles (California, Real Party in Inter- est). The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 83-6881. Murray 0. Bradford, Petitioner v. Almetta N. Brad- ford. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 84-150. Wisconsin Elections Board, et al., Appellants v. Republi- can Party of Wisconsin, et al. The motion of Rex R. Reed, et ux. for leave to intervene is denied.

No. 84-5029. Eugene Paleno, Appellant v. Robert C. Quinn, etc. The motion of appellant for leave to proceed in forma pauperis is denied. Appellant is allowed until October 22, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Jus- tice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, we would deny certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 84-5183. Harvey C. Moore, Appellant v. Delaware. The motion of appellant for leave to proceed in forma pauperis is denied. Appellant is allowed until October 22, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Justice Brennan, MONDAY, OCTOBER 1, 1984 13

Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, we would deny certiorari without reaching the merits of the motion to proceed in forma pauperis.

Appeals—Jurisdiction Noted or Postponed

No. 83-2030. Board of Education of the City of Oklahoma City, Okla- homa, Appellant v. National Gay Task Force. Appeal from the United States Court of Appeals for the Tenth Circuit. In this case probable jurisdiction is noted.

No. 83-2166. Phihp Q. Zauderer, Appellant v. Office of Disciplinary Counsel of the Supreme Court of Ohio. Appeal from the Supreme Court of Ohio. In this case probable jurisdiction is noted.

No. 84-28. Donald C. Brockett, Appellant v. Spokane Arcades, Inc., et al.; and No. 84-143. Kenneth Eikenberry, Attorney General of Washington, et al.. Appellants v. J-R Distributors, Inc., et al. Appeals from the United States Court of Appeals for the Ninth Circuit. In these cases probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 83-1492. National Railroad Passenger Corporation, Appellant v.

Atchison, Topeka and Santa Fe Railway Company, et al.; and No. 83-1633. Atchison, Topeka and Santa Fe Railway Company,

al. v. et , Appellants National Railroad Passenger Corporation. Appeals from the United States Court of Appeals for the Seventh Circuit. In

No. 83-1492 probable jurisdiction is noted. In No. 83-1633 further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. The cases are consolidated and a total of one hour is allotted for oral argument. No. 84-16. Kenneth Cory, Leo T. McCarthy and Jesse R. Huff, Ap- pellants V. Western Oil and Gas Association, et al. Appeal from the United States Court of Appeals for the Ninth Circuit. In this case probable jurisdiction is noted. Justice O'Connor took no part in the consideration or decision of this case.

No. 83-2097. Burger King Corporation, Appellant v. John Rudze- wicz. Appeal from the United States Court of Appeals for the Eleventh 14 MONDAY, OCTOBER 1, 1984

Circuit. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits.

Certiorari Granted

No. 83-1329. Joseph Ponte, Superintendent, Massachusetts Correc- tional Institution, Walpole, Petitioner v. John Real. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts granted.

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioner v. Pa- cific Stationery and Printing Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-1673. Donald J. Devine, Director, Office of Personnel Man- agement, Petitioner u Allison E. Nutt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted.

No. 83-1750. United States, Petitioner v. James Rual Miller. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No, 83-1798. Terrel H. Bell, Secretary of Education, United States

Department of Education, Petitioner v. Kentucky Department of Edu- cation. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit granted.

No, 83-1807. Eastern Air Lines, Inc., Petitioner v. Robert F.

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

No. 83-1842. Jonathan Garrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 83-1894. Pattern Makers' League of North America, AFL-CIO,

et al. , Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 83-1919. City of Oklahoma City, Petitioner v. Rose Marie Tuttle, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 83-1944. Holly Jensen, etc., et al.. Petitioners v. Frances J. Quaring. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 83-2064. Terrel H. Bell, Secretary of Education, Petitioner v. New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. ,

MONDAY, OCTOBER 1, 1984 15

No. 83-2146. Richard Wilson and Martin Vigil, Petitioners v. Gary Garcia. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 83-2161. Montana, et al.. Petitioners v, Blackfeet Tribe of In- dians. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted.

No. 84-4. Williamson County Regional Planning Commission, et al.

Petitioners v. Hamilton Bank of Johnson City. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 83-1545. Western Air Lines, Inc., Petitioner v. Charles G. Cris- well, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is granted limited to Questions 2 and 3 presented by the petition.

No. 83-1748. Allis-Chahners Corporation, Petitioner v. Roderick S. Lueck. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Wisconsin granted.

No. 83-1785. Air France, Petitioner v. Valerie Hermien Saks. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1911. Christopher L. Lowe, et al.. Petitioners v. Securities and Exchange Commission. The motion of Financial Publishers 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 Second Circuit granted.

No. 83-2129. Barbara R. Schreiber, Petitioner v. BurUngton North- em, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-9. Massachusetts Mutual Life Insurance Company, et al..

Petitioners v, Doris Russell. The motion of American Council of Life

Insurance and Health Insurance, et al. for leave to file a brief as amici curiae is granted. The motion of Construction Laborers Pension Trust for Southern California, et al. for leave to file a brief as amici curiae is granted. The motion of Alaska Fishermen's Union-Sahnon Canners

Pension Trust, et al. for leave to file a brief as amici curiae is granted. 16 MONDAY, OCTOBER 1, 1984

The motion of Southern California Pipe Trades Trust Funds, et al. for leave to file a brief as amici curiae is granted. The motion of Board of Trustees of the Carpenters Health and Welfare Trust Fund for Califor- nia, 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 granted.

No. 83-6663. Charles Fugate, Petitioner v. New Mexico. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of New Mexico granted.

No. 83-6766. Joe Hayes, Petitioner v. Florida. Motion of petitioner for leave to proceed informa pauperis and petition for writ of certiorari to the District Court of Appeal of Florida, Second District, granted.

No. 84-5004. Truman Lewis Ball, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to \he United States Court of Appeals for the Fourth Circuit granted.

Certiorari Denied

No. 83-1386. Ronald A. Leggett, etc., et al., Petitioners v. Craton

Liddell, et al.;

No. 83-1721. Missouri, et al., Petitioners v. Craton Liddell, et al.; and

No. 83-1838. North St. Louis Parents and Citizens for Quality Edu- cation, etc., et al., Petitioners v. Craton Liddell, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1459. Piedmont PubHshing Company, Inc., et al.. Petitioners

V. Ed Cochran. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 83-1481. Bernard Punikaia, et al., Petitioners v. Charles G. Clark, Director, Department of Health for Hawaii. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1499. Robert E. O'Brien, Petitioner v. Pennsylvania State Employees' Retirement System. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied.

No. 83-1500. Super Tire Engineering Company, Petitioner v. Team- sters Local Union No. 676, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, OCTOBER 1, 1984 17

No. 83-1508. Sequoia Books, Inc., Petitioner v. Charles McDonald, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-1522. Redding Ford, Petitioner v. State Board of Equaliza- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1537. Kathleen Easier and Michael Hasler, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1559. Robert M. Ayres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1560. Joseph William Cantrell, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 83-1563. Frank Wills, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-1598. William C. Wiswell, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 83-1605. Ralph Dewayne Franks, et ux.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 83-1634. Harold V. Simpson & Company, Petitioner v. Ronald William Shuler. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1635. Jerome S. Wagshal, Petitioner v. Crozer-Chester Med- ical Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1651. Jeffrey Philhp Kamrin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1655. John W. Sowers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-1667. Robert A. Williams, David R. Williams, Thomas Rich- ard Williams and Boyd Williams, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 18 MONDAY, OCTOBER 1, 1984

No. 83-1669. Thomas James Sinito, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1675. Richard Begg, Petitioner v. Board of Fire and Police Commissioners of the City of Park Ridge, Illinois and the City of Park Ridge, Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-1687. Abraham Rodriguez, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 83-1688. Richard L. Turk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1692. Transport Workers Union of America, AFL-CIO, Peti- tioner u Civil Aeronautics Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1695. Herb Neal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1697. Doss S. Jones, et ux.. Petitioners v. Violet Ann Lucas. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 83-1704. Henry E. Hildebrand, III, Standing Chapter 13

Trustee, Petitioner v. Social Security Administration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No, 83-1706. Mary L. Wardsworth, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Cu-cuit denied.

No. 83-1710. Patrick Coussens and Mary Coussens, Petitioners v. Carpenters District Council of Detroit, United Brotherhood of Carpen- ters and Joiners of America, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1713. Peter H. Ransom, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 83-1715. Richard Gajewski, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. I

MONDAY, OCTOBER 1, 1984 19

No. 83-1716. Newpark Shipbuilding & Repair, Inc., et al.. Petition-

ers V. James P. Rountree, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1723. Prince William County, Virginia, et al., Petitioners v. Terrell Don Hutto, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1726. Douglas Jerome Tookes, Petitioner v. Leroy N. Stynch- combe. Sheriff, Fulton County, Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-1727. Louie L. Wainwright, Secretary, Florida Department

of Corrections, Petitioner v. Robert Larry Crow. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-1729. Willard Boss and Robert Rawlins, etc.. Petitioners v. International Brotherhood of Boilermakers, Iron Shipbuilders, Black- smiths, Forgers and Helpers. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1732. Betty C. Phillips, Petitioner v. T. V. A. Engineering As-

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

No. 83-1738. Jason Phillips, et ux.. Petitioners v. Michael J. Howard, et ux., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 83-1743. Thomas Edgar Morris, Lemuel Sellers Morris, Larry W. Jackson, Suzette Slade Jackson, and Robert Wajnie Sapp, Petition-

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

No. 83-1744. DeFelice Marine Contractors, Inc., etc.. Petitioner v. James A. Ray. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit denied.

No. 83-1753. Dora Jane Horton, Administratrix of the Estate of J.

W. Ehrlich, Petitioner v. Superior Court of California, City and County of San Francisco, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 83-1756. Ray M. Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1758. Kenneth M. Levensaler, Petitioner v. Hartford Acci- dent and Indenmity Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 20 MONDAY, OCTOBER 1, 1984

No. 83-1760. St. Paul Fire & Marine Insurance Company, et al., Pe- titioners V. Ruth Culver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit (former 5th Circuit) denied.

No. 83-1762. Harry & Bryant Co., et al.. Petitioners v. Federal Trade Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1766. Jonnet Development Corporation and Elmer J. Jonnet,

Jr. , Petitioners v. Richard S. Caliguiri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-1767. Waymare Billups, Petitioner u Samuel Garrison, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1771. Wilbur Werling, et al., Petitioners v. Grace Evangelical Lutheran Church of River Forest, Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-1776. M. W. Zack Metal Co., Petitioner v. Supreme Court of New York, County of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial De- partment, denied. No. 83-1777. Clyde David Umphlett, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1779. Westinghouse Electric Corporation, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1781. James Anthony Michaels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1782. Thomas R. Allen, Jr., Petitioner v. Pension Benefit Guaranty Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1783. R. J. d'Hemecourt Petroleum, Inc., et al.. Petitioners

V. Shirley McNamara, Secretary, Department of Revenue of Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-1788. Kenneth E. Hollis, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 1, 1984 21

No. 83-1789. Thomas Eugene Maddox, Petitioner v. Georgia. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied.

No. 83-1791. Luella Breen, et al., Petitioners v. International Ladies' Garment Workers Union, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1792. Hoover & Bracken Energies, Inc., Petitioner v. United States Department of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1799. Bay Head Improvement Association, Petitioner v. Vir- ginia Matthews and Stanley C. Van Ness. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 83-1800. Clyde Clifton Murphy, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-1805. Alfred Ekanem, et al.. Petitioners v. Health and Hospi- tal Corporation of Marion County, Indiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1812. James D. Bachtel, et ux.. Petitioners v. Mammoth Bulk Carriers, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1813. Alvis Vandygriff, Petitioner v. Edward N. Phillips; and

No. 83-1969. First Savings and Loan Association of Bowie, et al.. Pe- titioners V. Edward N. PhilHps. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1815. First Mississippi National Bank, Petitioner v. Interna- tional Marine Towing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1819. Elissa Mueller Miller, as Personal Representative of the Estate of Chester H. Miller, Deceased, et al.. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-1820. Roland Lee Goad, Petitioner v. Mary Beth Goad. Peti- tion for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judicial District, denied.

No. 83-1822. City of Birmingham, Michigan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 22 MONDAY, OCTOBER 1, 1984

No. 83-1826. Thomas R. Angel, et al. , Petitioners v. Superior Court of California, County of San Diego (Michael Castle, Real Party in Inter- est). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-1827. Sowa & Sons, Inc., Petitioner v. American Hoist & Derrick Co. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1830. Willie L. Lewis, Petitioner v. Hillsborough Transit Au- thority. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1831 » Dale Foster Houseal and Daphne Marcella Houseal, Pe- titioners V. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 83-1832. Jimmie Alexander, Petitioner v. Los Angeles County, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-1833. Augustus J. Simmons, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1834. Mary Anne Robertson, Petitioner v. Florida Board of Bar Examiners. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-1840. John M. Berthelot, Petitioner v. United States; and

No. 83-1841. Francis V. Cherry, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1844. William S. Downing, etc., Petitioner v. Oakland Raid- ers, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1846. Life Science Church, et al., Petitioners v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-1847. Richard I, Inc., d/b/a Richard I School of Beauty Cul- ture, et al.. Petitioners v. Gordon Ambach, Commissioner of Education of the State of New York, and the Education Department. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 83-1848. Bernard P. Elkin and Boston Pneumatics, Inc., Peti- tioners V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 1, 1984 23

No. 83-1849. Everett Hodges, III, Petitioner v. Atchison, Topeka and Santa Fe Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1850. Forrest Bugher, et al, Petitioners v. Jack Feightner, dba Feightner Excavating Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cu*cuit denied.

No. 83-1851. F/y Baranof, etc., et al.. Petitioners v. Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 83-1852. Kenneth Harding Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-1853. Pat Erickson, Kimberly La Deur, Joette M. Hager and

Kimberly S. Kolze, Petitioners v. Board of Education, Proviso Town- ship High School, etc. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 83-1854. Cheryl Anne Renfroe, Petitioner u John R. Kirkpat- rick, Superintendent, Piedmont City Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-1855. James S. Garvey, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1856. James Kenneth Selvidge, Petitioner v. Georgia. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied.

No. 83-1858. James M. Murphy, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-1860. Marguerite M. Shaw, Petitioner v. Robert D. Mitchell, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-1862. LesHe Lubin, Petitioner v. Board of Education of the City of New York, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1863. Billy L. Lightle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1867. Sun Towers, Inc., et al.. Petitioners v. Margaret M. Heckler, Secretary, Department of Health and Human Services. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Cu-cuit denied. 24 MONDAY, OCTOBER 1, 1984

No. 83-1869. Rose Stemgass and Rubin Stemgass, Petitioners v. Robert H. Bowman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1870. Consumers Union of United States, Inc., Petitioner v. General Signal Corp. and Grey Advertising, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1871. Johnny Mitchell, Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 83-1873. Pacemaker Diagnostic Clinic of America, Inc., Peti- tioner V. Instromedix, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1876. Turner Advertising Company, Petitioner v. Frances Rees Garcia, n/k/a, Emily Frances Rees, and Emily Walsh Games. Pe- tition for writ of certiorari to the Supreme Court of Georgia denied.

No. 83-1877. Idaho, et al.. Petitioners v. Coeur D'Alene Tribe of In- dians. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1882. Hannahville Indian Community, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1884. Winston Bryant McConney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1885. State Farm Mutual Automobile Insurance Company,

Petitioner v. Robert H. Schulte. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1886. David M. Newman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1887. Stratford Place Corp., et al., Petitioners v. James Capalino, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-1888. Channel Islands Development Corp., d^/a The Lobster

Trap & Casa Sirena Marina Hotel, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1889. Richard E. Williams, Petitioner v. Margaret M. Heck- ler, Secretary, Department of Health and Human Services. Petition for MONDAY, OCTOBER 1, 1984 25 writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1895. Joseph Marinelli, Petitioner v. United States; and

No. 83-1998. Jacqueline Marinelli, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1898. Sea-Land Service, Inc., Petitioner v. Elizabeth Han- ford Dole, Secretary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1899. John J. Vitale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1900. Joseph S. Rohde, et al, Petitioners v. William F.

Bolger, Postmaster General, United States Postal Service, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1901. Teamsters Freight Local Union No. 480, Petitioner v. Ryder Truck Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1905. C. M. Uberman Enterprises, Inc., et al.. Petitioners v. Historic Figures, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1906. Jackie N. Beach, et ux., Petitioners v. Owens-Coming Fiberglass Corp. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1907. William D. Pelt, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 83-1909. Eloise Beard, Administratrix of the Estate of Jeff

Beard, Deceased, Petitioner v. William M. O'Neal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-1910. Building Material & Dump Truck Drivers Local No.

420, etc. , Petitioner v. Toyota Landscape Company, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1913. Letcher T. White, Petitioner v. Jeffrey Mining Machin- ery Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 26 MONDAY, OCTOBER 1, 1984

No. 83-1915. Kohn Beverage Company, Petitioner v. Teamsters Local No. 348. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 83-1916. Jarboe-Lackey Feedlots, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1917. Libertarian Party of Louisiana, Petitioner v. James H. Brown, Secretary of State for Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1920. Richard L. Windsor, Petitioner v. The Tennessean, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-1921. The Trane Company and Maurice Bouchard, Petition- ers V. Malcolm Baldrige, Secretary, United States Department of Com- merce, et al.; and

No. 83-1957. Briggs & Stratton Corporation, et al.. Petitioners v. Malcolm Baldrige, Secretary, Department of Commerce, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1922. Menominee Tribe of Indians, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1926. Marvin James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1927. Walter Lee Evans, et al.. Petitioners u Georgia. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied. No. 83-1929. James Gregory Smith and Robert Shingle Speir, Peti- tioners u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1930. Manuel Lecaroz Pasarell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1932. E.R. Squibb & Sons, Inc., Petitioner v. Therese Marie Collins, etc., et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 83-1933. Glen Sutherland, Petitioner v. State Bar of Texas. Peti- tion for writ of certiorari to the Court of Appeals of Texas, Eighth Supreme Judicial District, denied. MONDAY, OCTOBER 1, 1984 27

No. 83-1934. Elaine Riddick, Petitioner v. Clifton Craig, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1936. American Investment Properties, Inc., et al., Petition- ers V. Vareka Investments, N.V. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1937. James D. Arnold, Jr., Petitioner v. Burger King Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1939. Professional Positioners, Inc., et al.. Petitioners v. T. P. Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 83-1940. Armin Grosz, Sara Grosz and Naftali Grosz, Petitioners

V. City of Miami Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1942. Neil Simmons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-1945. Peter J. Haughey, on behalf of the Estate of Peter M.

Haughey, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1946. William Sundel, Petitioner v. Justices of the Superior Court of Rhode Island. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1949. Fortunato Inzone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1950. Mary Jean McAllister and Judith E. Kline, Petitioners

V. Gulf Federal Savings and Loan Association. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 83-1951. Harry Gleixner, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 83-1953. Winston Hall Worthington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 28 MONDAY, OCTOBER 1, 1984

No. 83-1954. Thomas G. Frame, Warden, Petitioner v. Gregory Pless. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1956. Thurston Motor Lines, Petitioner v. Randy Brady, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-1960. International Longshoremen's and Warehousemen's

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

No. 83-1962. American Koyo Corporation, Petitioner v. Edgar L. Lindley, Tax Commissioner of Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 83-1964. Leonard Bednar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1965. Reliance Mortgage Corporation, Petitioner v. Continen- tal Illinois National Bank and Trust Company of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1966. Reprosystem, B. V., et al., Petitioners v. SCM Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1970. Roy B. Hull, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1972. Thomas E. Schulte, et al.. Petitioners v. Homer E. Sayad, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 83-1973. Herbert Jordan, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1975. Orlando Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1976. John E. Coyne, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Clermont County, denied.

No. 83-1977. Travis Miller, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. MONDAY, OCTOBER 1, 1984 29

No. 83-1978. William M. Corrigan, Petitioner v. Mary Susan Good- win. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1980. Dean Edward Lillie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1981. North Carolina Commission of Indian Affairs, et al.,

Petitioners v. United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1983. Peter M. Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1984. Chris Allen Fritz, Petitioner v. Donald P. Coleman and Constance Jean Coleman. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 83-1985. Mark David Field, Petitioner v. Omaha Standard Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1987. Henry C. Bradshaw, 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. 83-1991. Blinder, Robinson & Company, Inc., et al.. Petitioners

V. State Corporation Commission. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-1992. Harry Eugene Claiborne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1993. John E. Lane, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1994. Fulcher Trucking of Oriental, Inc., Petitioner v. June Keel Gaskill, Administratrix of the Estate of Clifton Alex Armstrong, Sr. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1995. Greensboro News Company, et al.. Petitioners v. Thomas A. Flannery, Judge assigned to United States District Court for the Middle District of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 30 MONDAY, OCTOBER 1, 1984

No. 83-1996. Merchants National Bank of Mobile, Petitioner v. Fed- eral Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2002. Joseph M. Houghton, Petitioner v. Prudential Property & Casualty Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-2003. Gretchen Hemingway, Administratrix of the Estate of

Glen R. Hemingway, Deceased, Petitioner v. Ochsner Clinic, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2006. Warren Jackson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 83-2007. C. Itoh & Company (America) Inc., Petitioner v. Mi- chael E. Spiess, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2008. Don Ray Phinney, Petitioner v. First American Na- tional Bank. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-2009. Mose Mathis and Sidney Mathis, Petitioners v. Luther Hegwood, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-2013. Stevens Ready-Mix Concrete Company, Petitioner v. OKC Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2015. First Multifund Advisory Corp., Petitioner v. Harold

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

No. 83-2016. Cleo Luter, Petitioner u Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 83-2017. Chin Nien Tsang, Petitioner u Board of Governors of Wayne State University. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-2019. Edward M. Zolla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2020. Gladstone T. Ford, Petitioner v. American Broadcast- ing Companies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 1, 1984 31

No. 83-2021. Joseph Mandarino, Petitioner v. Mardyth Pollard, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2023. Thomas A. Gardner, Petitioner v. TEC Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-2024. Gerald L. Wiebe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-2027. Charles Griffin and Jerome Griffin, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2028. James W. Butler, Petitioner v. Federal National Mort- gage Association. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 83-2031. John Tehfe and Samir Tehfe, Petitioners v. Grand Jury Empanelled December 16, 1983, United States District Court, District of New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-2033. Libertarian Party of Florida, et al.. Petitioners v. State of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2036. Anthony Rabito, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2038. J. Donald Goodwin, Petitioner v. Elkins & Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-2039. Thomas J. Kavanagh, Petitioner v. Sarah D. McShea. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-2040. Wilcomb E. Washburn, Petitioner v. Lelia K. Wash- bum. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 83-2042. Ronald Adams Contractor, Inc. and Ronald J. Adams,

Petitioners v. Owl Construction Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2043. Benjamin Lonzo Willis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 32 MONDAY, OCTOBER 1, 1984

No. 83-2044. Ben Carter, Petitioner v. Sheet Metal Workers' Inter- national Association. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2045. William J. Xander and Joseph F. Niggemeier, Petition-

ers V. Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-2047. MTD Products, Inc., Petitioner v. Radio Steel & Mfg. Co. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-2048. Chester Zukowski, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2049. Michael Kuzma, Petitioner v. United States Postal

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

No. 83-2050. Pacific Power & Light Company, Petitioner v. Public Service Commission of Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 83-2054. Rainsford J. Winslow, et ux., Petitioners v. Keith D.

Williams, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 83-2058. Gerald E. Smallwood, Petitioner v. United Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-2059. Eugene Kisielowski and United Terex, Inc., Petitioners

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

No. 83-2061. Dravo Mechling, Inc., et al., Petitioners v. Combi

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

No. 83-2063. Geraldine Fennell, etc. , Petitioner v. Warner Lambert Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2066. Ray Reinhold, et al., Petitioners v. Fee Fee Trunk Sewer, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. No. 83-2069. California Association of the Physically Handicapped,

Inc., et al.. Petitioners v. Federal Communications Commission, et al. MONDAY, OCTOBER 1, 1984 33

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

No. 83-2070. First Leasing Corporation, Petitioner v. Patricia Ann Brothers. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2071. New Jersey, et al., Petitioners v. Marijane Singer, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 83-2072. Dean J. Lisinski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2077. Larry Dixon, Petitioner v. Lindsey M. Scott, Richard L. Kelly and Larry Latham. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2078. Illinois Central Gulf Railroad Company, Petitioner v. Air Products and Chemical, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2079. Don H. Sly, Petitioner v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2080. Robert L. Giuliani, Petitioner v. Hawaii, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

|, No. 83-2087. Walter L. Cook, Petitioner v. R. W. Harmon and Sons,

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

No. 83-2088. Bayou Bottling, Inc., Petitioner v. Dr Pepper Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2090. Fritz Buford Mayiield, etc.. Petitioner u Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-2091. Richard deY. Manning, as Executor of the Estate of

Norman Norell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2092. Jorge Abislaiman, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. 34 MONDAY, OCTOBER 1, 1984

No. 83-2093. E. R. Squibb & Sons, Inc., Petitioner u Gail Abel, et al. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 83-2095. Landmark Beef Processors, Inc., et al.. Petitioners v. John R. Block, Secretary, United States Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2096. John Cameron Crank, Petitioner v. Texas State Board of Dental Examiners. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 83-2099. Associated Dry Goods Corporation, Petitioner v. Com- missioner of Revenue of the State of Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-2100. Wire Cloth Enterprises, Inc., Petitioner v. Reed, Smith, Shaw & McClay. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Noc 83-2105. Green Corporation, et al.. Petitioners u Local Union 59, International Brotherhood of Electrical Workers, AFL-CIO. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2107. Judith Lynn Madrid, Petitioner v. Lawyers Title Insur- ance Corp. and Donald Tumey. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2108. Robert Ivor Lee Cristall, Petitioner v. Superior Court of California, County of Los Angeles (Barbara Mavis Cristall, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-2109. Rodney E. Dominey, Petitioner v. Atchison, Topeka & Santa Fe Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2110. Clarksdale Baptist Church, Petitioner v. William H. Green, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-2111. John W. Vicory, Petitioner v. Robert R. Walton, Sheriff of Butler County, Ohio, and John F. Holcomb, Prosecutor of Butler County, Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-2113. Dock Lee Minter, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. MONDAY, OCTOBER 1, 1984 35

No. 83-2115. United Parcel Service, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-2116. Michele R. Schram, Personal Representative of Estate

of Michael Gaydos, Deceased, et al., Petitioners v. Dade County. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 83-2118. Lloyd Vickroy, Petitioner v. Rockwell International Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-2119. ConsoHdated Freightways Corporation of Delaware,

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

No. 83-2121. Richard R. Hughes, Sr., Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-2122. George Stewart and Lee Roy Warren, etc. , Petitioners

V. National Shopmen Pension Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-2123. Reynard John Rochon, Sr., Petitioner v. Dennis

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

No. 83-2127. Francisco Aviles-Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2128. Raytheon Company, Petitioner v. Roper Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-2133. J & S Construction Company, Inc. , Petitioner v. Home Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-2135. Canadian Transport Company, et al.. Petitioners v. Hercules Carriers, Inc., etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2137. Chemical Realty Corporation, Petitioner v. Home Fed- eral Savings and Loan Association of Hollywood. Petition for writ of certiorari to the Court of Appeals of North Carohna denied. 36 MONDAY, OCTOBER 1, 1984

No. 83-2141. Delfino Sanchez-Marquez, Petitioner v. United States Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2142. David Kaplan, Petitioner v. Catherine J. Ruggieri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2147. Kent Borden Rogers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2150. Bulk Oil (Zug) A.G., Petitioner v. Sun Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2151. William 0. Skillem, Petitioner v. WiUiam F. Bolger, Postmaster General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2152. Hector Manso and Susan Warden, Petitioners v. Louisi- ana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-2153. Union Commerce Bank, Petitioner v. Deffet Rentals,

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

No. 83-2154. Bohdan Koziy, a/k/a Bogdanus Kosij, a/k/a Bohdan

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

No. 83-2155. Regina Leavitt, Petitioner v. Massachusetts. Petition for writ of certiorari to the Court of Appeals of Massachusetts, Suffolk County denied.

No. 83-2156. Donald L. Plotnick, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 83-2158. Delores Devines, et al.. Petitioners v. Henry W. Maier, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2159. Sonoma Vineyards, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2167. Albert E. Nasser, etc.. Petitioner v. Federal Home Loan Bank Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, OCTOBER 1, 1984 37

No. 83-5987. Donald Holmes and Max Reyes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6224. Leon Bates, Petitioner v. William L. Garrison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6286. Mannie Graves, Jr., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 83-6402. Mahendra Rudra Sharma, Petitioner v. Department of Land and Natural Resources of Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 83-6443. Billy Holmes, Petitioner v. M. L. Slate, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6449. Emmit Fred Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6455. Arthur N. Murley, et al., Petitioners v. Joseph Harkin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6458. Garnett Eugene Devore, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-6487. Roy Foskey and Janice G. Foskey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6496. Zebedee Milby, Petitioner v. Bobby L. Hamm, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6501. Calvin Demonsier Clements, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6504. Wallace Dale Lowery, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6506. Kevin R. Noll, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. 38 MONDAY, OCTOBER 1, 1984

No. 83-6518. Paul Dennis Vanotti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6524. Martin Watters, Petitioner v. Ronald Hubbard, Super- intendent, Lima State Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6528. James Richard Bello, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6543. Lacie Russell, et al., Petitioners v. Thomas A. Flan- nery, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6547. Andrew Edwin Tiemens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6552. Frank Campanale, Petitioner v. David R. Harris, Su- perintendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6565. Armando Lopez-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6574. Joseph Mesterino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6581. Robert P. Bryan, Sr., Petitioner v. U.S. Office of Per-

sonnel Management, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-6595. Thomas DeAngelis, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6596. Brett C. Kimberlin, Petitioner v. Ra3rmond J. Lippman,

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

No. 83-6616. Aldo Torres, Petitioner v. City of Miami, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6644. Miles McKinlay, Petitioner v. California. Petition for writ of certiorari to the Superior Court of California, San Diego County denied. MONDAY, OCTOBER 1, 1984 39

No. 83-6647. Eduardo De La Rosa-Norzagaray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6654. Ian Ormsby, Petitioner v. William E. Heitkamp, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6656. Raymond Bledsoe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6661. John Ashley, Petitioner v. TV Networks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6665. Grover Franklin Bauguss, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 83-6671. Ricky McClurkin, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 83-6672. James F. McClinnahan, Petitioners United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6675. Michael C. Antonelli, Petitioner v. Gerard Hein, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6679. Sergio Bojorquez-Villagrana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6680. Howard L. Bashor, Petitioner v. Henry Risley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6683. Cornelious Perry, Petitioner v. Ruth L. Rushen, Chair- person, Correctional Industries Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6688. Jim Hunter, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-6689. George Dula, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third Supreme Judicial District, denied. 40 xMONDAY, OCTOBER 1, 1984

No. 83-6693. Melvin Leroy Tyler, Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6695. James Gilbert Crick, Petitioner v. Steve Smith, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6696. John Frederick Lamer, Petitioner v. Martin Circuit

Court, et al. Petition for writ of certiorari to the Supreme Court of Indi- ana denied.

No. 83-6698. George Gant, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-6702. Anne Speight Hinson, Petitioner v. North CaroHna. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 83-6706. Ulyses Emanuel Didier, III, Petitioner v. Frank L. Flynn, Jr. Petition for writ of certiorari to the Supreme Court of Ten- nessee, Eastern Division, denied.

No. 83-6709. John R. McCown, Petitioner v. William Callahan, Asso- ciate Commissioner Field Services, Massachusetts Department of Cor- rections, et al Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6712. Charles Thomas Patterson, Petitioner v. United States;

No. 83-6905. Gardie Shine, Petitioner v. United States; and

No. 83-6945. Elliott Van Brandy, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6714. Melvin Brock, Petitioner v, Joe Ryan. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6716. Roger H. Corley, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6717. Daniel H. Jones, Petitioner v. Al C. Parke, Warden, et

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

No. 83-6718. William Frederic Draper, Petitioner v. Department of

Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 1, 1984 41

No. 83-6722. Everett R. Lyon, et al, Petitioners v. Hal Farrier, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6723. Robert V. Snowadzki, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6727. Jerry Harlan Dilts, Petitioner v. Cahfomia. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-6733. Lloyd Kennedy, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6738. Manny Wilson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-6741. Ethel Dotson, Petitioner v. Public Utilities Commis- sion, et al. Petition for writ of certiorari to the Supreme Court of Cah- fomia denied.

No. 83-6742. EHgio Castro, Petitioner v. Federal Deposit Insurance

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

No. 83-6749. Jimmie Nelson, Petitioner v. Harold J. Smith, Superin- tendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6751. Michael C. Antonelli, Petitioner v. Timothy Doyle, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6752. Barbara J. Hoskins, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of IlUnois denied.

No. 83-6753. Barbara Q. Humbles, Petitioner v. Louisiana through the Department of Health and Human Services, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6755. Joseph Jude OHver, Petitioner v. Rockwell, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6756. Fred Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 42 MONDAY, OCTOBER 1, 1984

No. 83-6761. Willie Moore, et al., Petitioners v. William French

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

No. 83-6765. Theodore Bacon, Petitioner v. Richard DeRobertis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6767. Darcy Lowe, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 83-6770. Anthony David Harris, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6771. Bill Williams, Petitioner v. Jack R. Duckworth, War-

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

No. 83-6772. James Martin Waltman, Petitioner v. Raymond K. Pro-

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

No. 83-6773. Ricardo Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6776. Larry R. Price, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

NOo 83-6777. William Ronson, Petitioner v. Commissioner of Correc- tion of the State of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6778. Donald Ray Thomas, Petitioner v. Gerber Productions, et al Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6779. Glenn Lamar Spradley, Petitioner v. Louie L. Wain- wright. Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6780. James King, Petitioner v. William French Smith, Attor- ney General of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, OCTOBER 1, 1984 43

No. 83-6781. Glenn Smith, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 83-6782. Delong Moore, Petitioner v. Ralph Kemp, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6783. Mrs. Jerry Smith, Born Cheryl Edlyn Stephens, Peti- tioner V. Roy B. Stephens, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied.

No. 83-6784. John Everett Miller, Petitioner v. Herman Solem, War- den, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6785. Jeff W. Lawton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6787. Lynn Marie Schappe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6789. Jimmy Walker, Petitioner v. Brown and Root, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6790. Charlotte R. Hurd, Petitioner v. Robert S. Kurd, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-6791. Charlotte Randall, Petitioner v. Andrew Fitzmorris, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-6796. Richard C. Loe, Petitioner v. United States Parole

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

No. 83-6799. Anthony C. Diminnie, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6804. Jerome Melvin Bathgate, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6805. William Heirens, Petitioner v. Larry Mizell, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 44 MONDAY, OCTOBER 1, 1984

No. 83-6810. Mansour Mohamed Nasser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6812. Charles William Walborn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6817. Cazmis Kozerski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6818. A.V. Costantini, etc., Petitioner v. American Express

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

No. 83-6819. Randy Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6820. Robert Gray Graham, Petitioner v. Herman Solem, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6821. Jack Spurlock, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 83-6822. Virginia Wright, et al.. Petitioners v. London Grove Township. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6823. Gregory Alan Mohr, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6825. John H. Wilson and Donna S. Sly, Petitioners v. Colo- rado. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 83-6826. Joseph C. Adornato, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6827. Melvin Avon Wesson, Petitioner v. Thomas A. Cough- lin. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6831. Leonard George Durant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, OCTOBER 1, 1984 45

No. 83-6834. Erold Elysee, Petitioner 7;. City of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6835. Ronald Irwin, Petitioner v. Dale Foltz, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6836. Anna Marie Wright, Petitioner v. Barbara Baran, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6837. David A. Oliver, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6841. Hector Nunez Camarillo, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6843. Tyrone Tilephus Reid, Petitioner v. Attorney Griev- ance Commission. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 83-6844. Willie Williams, et al.. Petitioners v. Air Transport

Workers Local 504, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6845. Morris Lee Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6847. Dwight Christmas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6848. Burtis Holmes, Petitioner v. United States; and

No. 83-6859. Edwin Ring Hodge, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6850. Anthony David, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6853. Orrin Shaid, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 46 MONDAY, OCTOBER 1, 1984

No. 83-6854. Clarence V. Saunders, 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. 83-6857. Raymond Edward James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6858. Manuel Aguayo-Corona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6860. Daniel L. Dustin, Petitioner v. Massachusetts, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massa- chusetts denied.

No. 83-6861. Claudio Fernandez, Petitioner v. Harvey Winans, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6863. Joseph L. Wilhams, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6867. Josie W. Thomas, Petitioner v. Mike C. Veasey. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6869. Robert J. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 83-6871. Gordon M. Hunt, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 83-6872. WiUiam Thomas Jones, Petitioners United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6873. Arshard Baig, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6877. Anthony Raymond Merchant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6878. Bennie Garrett, Petitioner v. Superintendent, Napa- noch Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 1, 1984 47

No. 83-6879. Nadine Farris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6880. Steven Adam Mazurek, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 83-6883. Cecil George Ogle, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern Dis- trict, denied.

No. 83-6888. Leticia Orozco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6889. Humberto Orozco-Prada, Petitioner v. United States; and

No. 84-224. Paul Michael Forand, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6890. Sylvester Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6892. Robert Edward Lipscomb, Petitioner v. Wolverine

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

No. 83-6896. Randy K. Gometz, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6901. Jerry Dean Fletcher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6902. Harold R. Terry, Petitioner v. J.J. Enomoto. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6907. Donald Tillie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6909. Choice E. Moore, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 48 MONDAY, OCTOBER 1, 1984

No. 83-6910. Matthew Leo Faison, Petitioner v. Florida, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6913. Leroy Bellamy, Petitioner u Harold Bradley, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6914. Sherrill Parker Landes, Petitioner ^. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6915. Calvin Beam, Petitioner v. Alabama. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6916. Daniel K. Johnson, Petitioner v. Raymond K. Pro-

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

No. 83-6923. Kermit Arthur Belgarde, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6924. Harry Lynn Emmons, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-6926. Richard M. Carr, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6927. Lionel E. Cyntje, Petitioner v. Daily News Publishing

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

No. 83-6928. Ronald Hill and Donald Hill, Petitioners v. Duriron Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6930. James Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6931. Bonnie Parsons, Petitioner v. County of Del Norte, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6932. Ralph Monroe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY, OCTOBER 1, 1984 49

No. 83-6933. Charlie Woodrow Smith, Jr., Petitioner v. Leland Q. Linahan, Jr., Superintendent, Jack P. Rutledge Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6936. Whitfield Graves, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6937. Robert J. Hickerson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6938. Iverson Broadway, Petitioner v. Norman Carlson, Di- rector, Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6939. Robert Lee Brown, Petitioner u William B. Flure, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6940. Paul Lanigan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6941. Michael J. Fiorot, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6942. WiUiam Benjamin Deasy, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6944. Peter Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6947. Dolores Novel, Petitioner v. Judge Patrick Picariello, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6948. Larry Tate, Petitioner v. Weyerhaueser Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6949. Marvin Matthow, Petitioner v. Raymond Bara, Super- intendent, Long Island Correctional FaciHty. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. 50 MONDAY, OCTOBER 1, 1984

No. 83-6950. Morris May, Petitioner v. The Kroger Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6955. Robert Dale Dubie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6956. Mario Alex Hoyos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6957. Frank E. Forrester, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6958. Morton Komblum, Petitioner v. B. Allen Millstone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6959. Gerald R. Boming, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-6960. John Thomas Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6961. L. Jean Everett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6963. Mary Lee Orsini, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 83-6967. William E. Rabb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6968. Alvin Aaron Root, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6969. Alfred A. Norfleet, Petitioner v. Holladay-Tyler Print- ing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-6970. Rochell Broome, et al.. Petitioners v. University of Illi- nois, Board of Trustees, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, OCTOBER 1, 1984 51

No. 83-6971. Thomas Dyson, Petitioner v. William French Smith, Attorney General of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6972. Abdullah Ramadan Shabazz, Petitioner v. James Frazier, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6973. Ronald J. Restaino, Petitioner v. Office of the Clerk of the United States District Court, Eastern District of New York. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6974. Conrad W. Roy, Petitioner v. Claude Leavitt, et al. Pe- tition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 83-6975. Jeffrey Goetz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6977. Joseph L. Kennedy, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6978. Raymond William Burrows, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6979. James Flowers, Petitioner v. Donald Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6980. Iverson Broadway, Petitioner v. Norman Carlson, Di- rector, Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6982. Charles 0. Faulkner, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-6983. Robert Mark Bates, Petitioner v. United Airlines, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6984. Dimmon Shaw, Petitioner v. City of St. Louis, etc., et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. No. 83-6985. John Dudley Leftridge, Petitioners Hoyt C. Cupp, Su- perintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 52 MONDAY, OCTOBER 1, 1984

No. 83-6986. Clyde Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6987. Arturo Acosta Marquez, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6988. Isaac Petway, Petitioner v. United States Parole Com- mission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6992. John Allan Klett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6993. Loreen Boone Henderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-6995. Dale Andre Lee Everett, by his Guardian Ad Litem,

Caryl Warner, Petitioner v. Chad Everett, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 83-6998. Graydon Roger Boles, Petitioner v. Guilford Technical Institute. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-6999. Marcus E. Nickens, Petitioners Margaret M. Heckler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-7000. ComellJackson, Petitioner v. Donald W. Wyrick, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-7001. Dale Paul Covino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-7002. Paul William Polin, et ux., Petitioners v. Jews for Jesus, et al. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 83-7004. Raymond W. Weber, Petitioner v. Thomas Israel, Su- perintendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, OCTOBER 1, 1984 53

No. 83-7005. Willie Sykes, Petitioner v. Gerald L. Baliles, Attorney General of Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-7007. Domenic laciofano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-7011. Bobby Gay Beazley, Petitioner v. State Bar of Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-7012. Ernest Estrada, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-7015. Emory A.Tomero, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-7016. Burton R. Landes, Petitioner v. William French Smith,

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

No. 83-7018. Attila Rakosi, Petitioner v. Commissioner Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-7020. Margaret Schroder, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-7022. Billy Ray Moffitt, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 83-7023. Wayne Butler, Petitioner v. Mississippi. Petition for writ of certiorari to the Circuit Court of Neshoba County denied.

No. 83-7026. Edward W. Naylor, Petitioner v. American Federation of Government Employees, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-7030. Robert Cooper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-7031. Alan Humphrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. 54 MONDAY, OCTOBER 1, 1984

No. 83-7033. Samuel Carl Monroe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-7035. Jerry Lee Beatty and Jack Ronald Jones, Petitioners v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-7036. Robert Smalls, Petitioner v. William D. Leeke, Com- missioner, South Carolina Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 83-7037. Donald Louis Monroe, Petitioner v. Joseph Tarbuck, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-7038. Pearly Wilson, Petitioner v. Timothy Griffin. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-7040. Willie C. Lewis, Petitioner v, Richard DeRobertis, Warden, et al Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-7042. William Douglas Davidson, Petitioner v. Dennis M. Lu- ther, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-7043. Alford Harold Quails, Jr., Petitioner v. Tullahoma Con- crete Pipe Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-7045. Willie Smith, Petitioner v. Raymond K. Procunier, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-7046. Leonard Rogers, Petitioners Neil J. Bruntrager, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-7049. Thomas Lee Johnson, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 83-7050. Maurice Gibbs, Petitioner v. C. Paul Phelps, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1. Rohm and Haas Company, Petitioner v. Crystal Chemical Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, OCTOBER 1, 1984 55

No. 84-2. Garlock, Inc., Petitioner v. W. L. Gore & Associates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-5. Edna Goldstein, Petitioner v. Robert E. Kelleher, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-11. Lowell M. Stroom, Petitioner v. James E. Carter, formerly President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-12. Adonious Coleman, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 84-13. Charles Homer Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-14. Board of Trustees of the Allen Chapel A.M.E. Church, et al.. Petitioners v. Betty J. Grogans, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Fairfield County denied.

No. 84-19. Orison F. McDonald, II, and Herbert Darrell Bomar, Pe- titioners V. Bill Burrows, Sheriff of Wichita County, Texas, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-20. Richard W. Dyke, dba Western Stations Co., et al., Peti- tioners V. Gulf Oil Corporation. Petition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied.

No. 84-22. Gerald Cioli, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 84-23. Anthony Petralia, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-24. Jorge Merlano Sierra, aka George Merlano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-26. Florence Kraft and Phyllis BerUant, Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-27. Ivan L. Sidney, etc.. Petitioners Evelyn James, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. .

56 MONDAY, OCTOBER 1, 1984

No. 84-29. NYSA-ILA Vacation and Holiday Fund, et al, Petition- ers V. Waterfront Commission of New York Harbor. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-31. Thomas Melody, et ux., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-32. Jessie R. Goolsby, Petitioner v. Norfolk & Western Rail- way Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-33. Ronald Manning, Commissioner, Department of Human

Resources of Connecticut, Petitioner v. Elinor Nelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Noc 84-34. Sharon M. Barger, Margaret Diane Brandes, and Valerie

Maria Gilbert, Petitioners v. Playboy Enterprises, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-36. James F, Cochran, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-42. Masinexportimport, et al.. Petitioners v. S & S Machinery Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-44. Joann Sagona, etc. , Petitioner v. Avco Financial Services of Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-45. Dolores E. Moe, et al.. Petitioners v. Avions Marcel

Dassault-Breguet Aviation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-46. Shirley Tyson, etc.. Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-51. Flav-O-Rich, Inc., Petitioner v. North Carolina Milk Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-52. Grace Jarrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, OCTOBER 1, 1984 57

No. 84-53. University of New Mexico, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 84-54. Gary L. Hibbs, et ux., Petitioners v. Jeep Corporation, Petition for writ of certiorari to the Court of Appeals of Missouri, West- em District, denied.

No. 84-57. Richard J. DeGregorio, Petitioner v. A. Vernon Weaver, Administrator, Small Business Administration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-58. Kansas City Southern Railway Company, Petitioner v. Benny K. Chaffin. Petition for writ of certiorari to the Court of Appeals of Texas, Sixth Supreme Judicial District, denied.

No. 84-59. Cleveland-Cliffs Steamship Company, et al.. Petitioners

V. Alvin I. Krenzler, Judge, United States District Court for the North- em District of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-61. Palestine Boone, Petitioner v. Mass Transit Administra- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-65. American Bearing Co. , Inc. , Petitioner v. Litton Indus- tries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-69. Ferris E. Traylor, et ux.. Petitioners v. L. B. Smith, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-71. Sheldon Sanders, Petitioner v. Joseph Wasser, Commis- sioner of Corrections of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-73. Rockwool Industries, Inc., Petitioner v. Black Gold, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-75. Beulah Wilbur, Petitioner v. Southern Galvanizing Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-77. Juhan Emmett Tumer, III, Petitioner v. Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 58 MONDAY, OCTOBER 1, 1984

No. 84-79. Kansas City Southern Railway Company, Petitioner v. Kathleen Dubose. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-80. Virginia T. Hanzlik, Petitioner v. Frederick F. Paustian. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 84-84. Carol A. Crane, etc.. Petitioner v. Consolidated Rail Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-88. Sandra Moteles, Petitioner v. University of Pennsylvania and Local 506, United Plant Guard Workers of America. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-90. Joseph F. Hargrave, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-91. Elsa Singman, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-94. Yachts America, Inc., et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-96. Inland Marine Industries, et al.. Petitioners v. Fletcher Lc Houston. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-102. Alfred F. Catino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. No. 84-103. Abbey Nursing Home, Inc. and Max A. Adams, Petition- ers V. Estate of Alama Richardson, Vemeda Bentley, Administratrix. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 84-107. Santiago Sanchez-Colon, Petitioner v. John 0. Marsh, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-108. Colorado, Petitioner v. Casey Corr. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 84-110. Texaco, Inc., et al.. Petitioners v. Tilden David Nesmith. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, OCTOBER 1, 1984 59

No. 84-111. Harold Dean Butts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-117. Lawrence R. Rosano, Petitioner v. Secretary of the Navy. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 84-118. WilUam Augustus Broome, James Lee Spoone and Billie

K. Spoone, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-119. Charles Moore, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh Supreme Judicial District, denied.

No. 84-121. In Re Zarko Sekerez, Petitioner. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-122. Ohio, Petitioner v. Harry L. Chatton. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 84-123. Claude Marquer, Sr., Claude Marquer, Jr., and Esther

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

No. 84-124. Craig A. Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-125. Daniel Rhoades and Milton Braten, Petitioners v. ACLI Government Securities, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-128. Albert I. Berglund, Petitioner v. Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-130. Bolar Pharmaceutical Co., Inc., Petitioner v. Roche Products, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-132. John Charles Franta, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 84-135. Twentieth Century Travel Advisors, Inc., et al.. Peti- tioners V. Peter Pitchess. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 60 MONDAY, OCTOBER 1, 1984

No. 84-136. P.E.P., Inc., et al., Petitioners v. Moran Maritime Asso- ciates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-144. Coastal Georgia Audubon Society, Petitioner v. Mike P. Sturdivant, et al. Petition for writ of certiorari to the Superior Court of Glynn County, Georgia denied.

No. 84-146. Frank B. Hubby, Petitioner v. Historic Savannah Foun- dation, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-148. Gerald E. Smallwood, Petitioner v. Michael DeChene. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-149. Shelby Riggs, et al., Petitioners v. Kentucky, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-151. Carol A. Johnson, et vir. Petitioners v. Eli Lilly and Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-153. Reubin W. Peaden, aka Smokey Peaden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-154. Doris M. Calder, Petitioner v. Max D. Crall and Sgt. Terry L. Earl. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-155. Fred A. Shelton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-157. William John Beer, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-159. Charles Johnson, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-161. William T. Irwin, et al., Petitioners v. John E. Hayes. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-163. Roy Maxwell Lister, Petitioner v. United States; and

No. 84-174. Ira Hill, Jr., Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY, OCTOBER 1, 1984 61

No. 84-164. Barron Collier, dba Ozark Trout Farm, Petitioner v. City of Springdale and Springdale Water and Sewage Commission. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-171. Manuel Kramer, Petitioner v. Joseph S. Mitchell, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-172. Thomas G. Hetzel, Petitioner v. Board of Attorneys Pro- fessional Responsibility of Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 84-173. Computervision Corporation, Petitioner v. Perkin-Elmer Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-175. George Brooks Schreiber, etc.. Petitioner v. Gencorp,

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

No. 84-178. Technical Development Corporation, Petitioner v. Beck- man Instruments, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-179. Michael L. Schreibman, Petitioner v. Gerald M. O'Donnell, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-180. Hayden B. Renwick, Petitioner v. The News and Ob- server PubUshing Company, dba The Raleigh Times, et al. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 84-182. Sue Fein, Personal Representative of Estate of Richard

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

No. 84-183. Robert Wayne Smith, Petitioner v, Alaska Department of Commerce and Economic Development, Division of Occupational Li- censing. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 84-189. Stephanie Eron, Petitioner v. City of Mequon, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-190. Windjammer "Barefoot" Cruises, Ltd., Petitioner v. Russell Kuntz, Administrator of the Estate of Christine Ann Kuntz, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 62 MONDAY, OCTOBER 1, 1984

No. 84-191. Sydney M. Eisenberg, Petitioner v. Robert E« Schwalbe. Petition for writ of certiorari to the Court of Appeals of Wis- consin, District I denied.

No. 84-199. Rangeley A. Brown, et al., Petitioners v. General Elec- tric Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-200. Samuel D. Weathers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-202. Sanford Storm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-206. Francis X. Bellotti, Attorney General of Massachusetts,

Petitioner v. Planned Parenthood League of Massachusetts, Inc. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 84-207. Pascua Yaqui Housing Authority, Petitioner v. Superior Court of Arizona, County of Pima, (TBI General Contractors, Ltd., et al.. Real Parties in Interest). Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 84-209. Russell Huffman, Petitioners. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 84-211. Alfred E. Ehm, Petitioner v. National Railroad Passen- ger Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-213. Peter G. Burnett, Petitioner v. Municipality of Anchor- age. Petition for writ of certiorari to the Court of Appeals of Alaska denied. No. 84-214. Anthony Ruggiero, Jr., Petitioners Teamsters, Chauf- feurs, Warehousemen and Helpers of America, Local 773 and Silver Line, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-216. Board of Trustees, Miami Township, Petitioners City of

Miamisburg, Ohio, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. No. 84^226. Abraham Levine, Administrator of the Estate of Fannie

Levine, Deceased, Petitioner v. Barbara Blum, Commissioner of New York State Department of Social Services, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Sec- ond Judicial Department, denied. MONDAY, OCTOBER 1, 1984 63

No. 84-227. George Cavazos Olivares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-230. Enrique Chapman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-5002. Donald R. Willis, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5003. Anthony R. Martin-Trigona, Petitioner v. Richard Bel- ford, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cu'cuit denied.

No. 84-5005. Salvadore Guzman, Petitioner v. Larry D. Kerr. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5006. Abraham T. Yang, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 84-5009. Robert Ray Anderson, Petitioner v. United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5010. Clifford Dixon Noe, Petitioner v. Joe Neaves, Warden,

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

No. 84-5011. Noah A. J. Vance, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5012. Jerry Lynn Young, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 84-5014. Dennis Simpson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 84-5015. Todd Ice, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-5016. Rogelio Castro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 64 MONDAY, OCTOBER 1, 1984

No. 84-5017. George H. Efthemes, Petitioner v. James J. Haranzo, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5020. Ronald A. X. Stokes, Petitioner v. Joseph Ponte, Su- perintendent, Massachusetts Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5022. Lamont R. Birden, Petitioner v. Edward Conan, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 84-5028. William N. Moore, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5030. Dennis L. Sladek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 84-5031. Mark luteri. Petitioner v. Connecticut. Petition for writ of certiorari to the Superior Court of Connecticut, New Haven County denied.

No. 84-5032. Charlie Ray Rumph, Petitioner v. F. B. Hudson. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5034. Kenneth Norman Smith, et al.. Petitioners v. Donald

Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-5037. William Crawford, Petitioner?;. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No, 84-5038. George Gorman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5039. Richard Callahan, Petitioner v. Texaco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5040. William Simpson Jobson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5042. Glenn D. Garra, Petitioner v. Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. MONDAY, OCTOBER 1, 1984 65

No. 84-5043. Leonard Lacy, Petitioner v. Harold F. Gabriel, Super- intendent, Massachusetts Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5046. Theodore H. Ingram, Petitioner v. Industrial Commis- sion of Illinois (North Central Airlines). Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-5047. Oacus Donald Oakes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5048. Sarah Jane Williamson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5050. Jerry Vaughn Archer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5053. Julius Simmons, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 84-5055. Canice Rabauliman, Petitioner v. Guam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5056. Lawrence Arthur Dahl, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5058. Diane Dockery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5061. Beulah M. Caldwell, Petitioner v. A. H. Robins Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 84-5062. Joan Gumz, et al.. Petitioners v. Pioneer Nursing Home, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5065. Edith J. Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5066. Edward Murphy, Petitioner v. G.A.F. Corporation, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 66 MONDAY, OCTOBER 1, 1984

No. 84-5068. Joseph V. Truglio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5069. Abraham Ourfalian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5071. RoUy O'DeU KinneU, Petitioner v. Gary Rayl, Director, Kansas State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5072. Judy Ann Archer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5075. Edward Monroe Morton, Jr., Petitioners Virginia. Pe- tition for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-5076. Katherine Louise Smart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5078. Vito Alberti, etc. , Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5080. Leroy L. McKee, Petitioner v. AMAF Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5083. Lance Marshall Bedgood, Petitioner v. E. H. Turner, Warden. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-5084. Stanley Monroe Evans, Petitioner v. Andrew Wood. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5086. Lawrence E. Keval, Petitioner v. Casper Weinberger, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-5087. Bemie J. E. Dingle, Petitioner v. Calvin D. Simpkins, Administrator of the Estate of Ernestine Simpkins Dingle. Petition for writ of certiorari to the Court of Conmion Pleas of Richland County, South Carolina denied.

No. 84-5088. John Birges, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, OCTOBER 1, 1984 67

No. 84-5089. Amjad Baig, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5090. Eugene D. Gatewood, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5091. Jessee L. Gann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5094. William Bankhead, Petitioner v. Warden Walters, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5095. Jerome Frank Harris, Petitioner v. District of Colum- bia Department of Employment Services. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5096. David Lee Groth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5097. August Bernard Doak, Petitioner v. W. L. Garrison, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5098. Joseph Salvatore Lobue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5099. Harold Brady, Petitioner v. William French Smith, At- torney General, etc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-5100. Z. L. King, etc.. Petitioner t;. Marvin Reed, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5101. Norman W. Cover, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5102. Thomas C. Agresti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5103. Leydell Baker, Petitioner v. John B. Williams. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 68 MONDAY, OCTOBER 1, 1984

No. 84-5105. Steven Jenkins, Petitioner v, California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 84-5106. Alan Humphrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5107. Patrick C. Fusi, Petitioner v. Brooklyn Center School District No. 286. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5111. Richard L, Stump v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5112. Jerome Washington, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Depaprtment, denied.

No. 84-5113. James Crews, Petitioner v. Metro Petrosky, Jr., Clerk of Courts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5114. Phillip Martinez, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5115. Douglas E. Burgett, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lorain County denied.

No. 84-5117. Edward Smith, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 84-5118. Marvin Echols, Petitioner v, Michigan Civil Rights

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

No. 84-5121. Donald W. Beckett, Petitioner v. Manford Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-5122. Ramon Torres and Tony Fish, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 84-5124. Walter McKinley Harris, Petitioner v. John D. Rees, et al. Petition for writ of certiorari to the United States Coiut of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 1, 1984 69

No. 84-5127. Frank E. Forrester, Petitioner v. United States Air Force. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 84-5128. Michael Ferrara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5130. Javier Robles Santana, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-5131. Roger Edward Smith, Petitioner v. Hoyt C. Cupp, Su- perintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5136. Elmer L. Mosley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 84-5137. Scott S. Workman, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 84-5138. Myron E. Teegardin, Petitioner v. Herman Solem, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5139. Ollie Franics Carter, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5140. Willie Lee Mosley, Petitioner v. North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5141. Leroy Hair, Petitioner u A. L. Lockhart, Director, Ar- kansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5143. Linda Rae Curry-Lee, Petitioner v. David C. Lee. Peti- tion for writ of certiorari to the Court of Appeals of Indiana denied.

No. 84-5144. William H. Hardaway, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5145. Louis Cavallaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 70 MONDAY, OCTOBER 1, 1984

No. 84-5146. Daniel H. Jones, Petitioner v. William Murphy How- ard. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 84-5148. Anthony Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5149. James Willie Bethea, Petitioner v. John W. Swiggett,

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

No. 84-5150. Joseph MavigHa, etc., Petitioner v. Central Telephone Company, etc., et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 84-5151. Edwin Anker, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5152. Kenneth Brooks, Petitioner v. Ted Engle, Superintend- ent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5153. Henry C. Byrd, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5155. Frederick M. Lightsey, Petitioner v. A. L Murphy, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5156. Jerome Weatherly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5158. Quintin Irving Brown, Petitioner v. James L. Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5159. Henry E. Thomas, Petitioner v. L. M. Strawn, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5160. Alton B. Smith, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 84-5162. William Cooper, Petitioner u Alvin C. Randall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, OCTOBER 1, 1984 71

No. 84-5165. Clifford Charles Hoffman, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 84-5166. Robert Taylor, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 84-5168. Albora Sosa, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 84-5169. Kenneth Hartley, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-5171. J. C. McCrary, Petitioner v. Franklin State Bank Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5172. William T. Verost, Petitioner v. Board of Education of Village of Ridgewood. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 84-5177. Clinton Ray Hawks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5181. Clay Turner, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-5182. Andrew L. Groce, Petitioner v. Board of Prison Terms and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5184. Isaac Petway, Petitioner v. Norman A. Carlson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5186. Tommy G. Benson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5187. Robert R. Hamilton, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5188. Robert Frank Covelli, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5189. William Dale Smith, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 72 MONDAY, OCTOBER 1, 1984

No. 84-5190. Charlie Ray Rumph, Petitioner v. Mark White. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5192. Robert Allen Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5193. Maurice Perry, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-5196. Anthony R. Martin-Trigona, et al.. Petitioners v. Rich- ard Coan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5199. Alberto Otero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5202. Fernando Lanigan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5203. Mary Alice Consuello Mills McLaine, Petitioner u Spiro

Agnew, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5207. James H. Hoyett, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-5211. Ernest Bobby Bigelow, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5215c James Darnell Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5216. Dora Hanson, Petitioner v. Adeline Sanford, et al. Peti- tion for writ of certiorari to the Supreme Court of North Dakota denied.

No. 84-5218. Christopher Mobolaji Oduwole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 84-5223. Leonard Faymore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 1, 1984 73

No. 84-5226. Tyree Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5233. WilHam Heirens, Petitioner v. James Irving, Chairman, Illinois Prison Review Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. I No. 84-5234. Amos S. Lane, Petitioner v. Marion R. Lacy, Warden, I

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

No. 84-5236. Larry Herman Smiddy, Petitioner v. Charles H. An- derson, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

I No. 84-5239. Anthony Price, Petitioner v. E. L. Booker, Warden, et

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

No. 84-5242. Elva L. Foy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5244. Joseph J. Attwell, et ux.. Petitioners v. U.S. Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5252. Charles S. Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5263. Michael Simpson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5267. Christopher Dennis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5273. Thomas J. Payne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5278. Lazaro Jorge-Salon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5279. Dorothy J. Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 74 MONDAY, OCTOBER 1, 1984

No. 84-5286. Walter L. Dukes, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5301. Nathaniel Pleasant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-5302. Eulyn R. Wiggins, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5305. John Tsirizotakis, etc., Petitioner v. Eugene LeFevre, Superintendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5306. Orlando Orjuela, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-5313. Patrick Douglas Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5325. Marcelo P. Tapia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5328. Jose Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1267. Melvin Powers, et al.. Petitioners v. City of Huntsville.

The motion of Albertsons, Inc.-Southco Division for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-1534. Frank Gray, et al. , Petitioners v. Daries Sherrills. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-1693. Louie L. Wainwright, Secretary, Florida Department of Corrections, et al., Petitioners u Rayfield Byrd. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 83-1875. Fred Smith, Commissioner, Alabama Department of

Corrections, et al.. Petitioners v. Wayne Eugene Hitter. The motion of MONDAY, OCTOBER 1, 1984 75 respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1914. Jefferson County, Kentucky, et al. , Petitioners v. Earl M. Buchanan. 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. 84-7. William D. Leeke, etc., et al., Petitioners v. Sarah Thomas. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-60. Charles Balkcom, Warden, Petitioner v. Jack Carlton House. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1616. William Foreman, Vincent Pilleters and Terry Warden,

Petitioners v. Howard V. Collins, et al. The motion of respondent How- ard V. Collins for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-1619. Chemical Bank and Washington Public Power Supply

System, Petitioners v. Gary Asson, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Peti- tion for writ of certiorari to the Supreme Court of Idaho denied.

No. 83-1654. Craig Mehrens, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice Brennan would grant certiorari. Justice O'Connor took no part in the consideration or decision of this petition. No. 83-1659. Stanley McDonald, Norman R. Hagfors and Clayton

Jensen, Petitioners v. Johnson & Johnson; and

No. 84-89. Johnson & Johnson, Petitioner v. Stanley McDonald, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 83-1793. Jack C. Givens, et al.. Petitioners v. United States Raih-oad Retirement Board. The motion to substitute Estate of Jack C. Givens as party petitioner in place of Jack C. Givens, deceased, is granted. Petition for a writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 76 MONDAY, OCTOBER 1, 1984

No. 83-1817. William Harkins, et al., Petitioners v. Interstate Motor

Freight Systems, et al. The motion of respondents to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1839. Railroad Dynamics, Inc., Petitioner v. A. Stucki Com- pany. The motion of respondent for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Federal Cir- cuit denied.

No. 83-1872. South Florida Chapter of the Associated General Con- tractors of America, Inc., et al., Petitioners v. Metropolitan Dade

County, Florida, et al. The motion of Associated General Contractors of America, Inc. for leave to file a brief as amicus curiae is granted. The motion of Southeastern Legal Foundation, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

NOc 83-1879. Arizona Western College District Governing Board, et al.. Petitioners v. John F. Cooper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 83-1948. Bethlehem Steel Corporation, et al., Petitioners v.

Leona P. Boileau, 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. 83-6862. James Walton Mack, Jr., Petitioner v. American Tele- phone and Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-1880. Piher International Corporation, et al.. Petitioners v. CTS Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 83-1904. Bache & Co. (Lebanon) S.A.L., Petitioner v. Abdallah

W. Tamari, et al. The motion of Futures Industry Association, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, OCTOBER 1, 1984 77

No. 83-1912. Frank M. Reed, Jr., Petitioner v. United States. The motion of petitioner to consolidate this case with No. 83-1590, Francis

V. Franklin is denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1918. Robert B. Eubank, etc.. Petitioner v. Lee Lumber Company, Ltd. and International Paper Company. The motion of respondent International Paper Company for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1943. Robert M. Cavanaugh, Petitioner v. Western Maryland Railway Company, et al. The motion of United Transportation Union 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. 83-1989. Kevin Wayne Sullivan, Petitioner v. Georgia Depart- ment of Natural Resources, et al. The motion of petitioner for leave to proceed as a seaman is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White and Justice Marshall would grant certiorari. No. 83-1990. William L. Lukhard, Commissioner of the Virginia De-

partment of Social Services, et al.. Petitioners v, Evelyn Randall, et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell would grant <;ertiorari.

No. 83-2001. Gweldon Lee Paschall, et al.. Petitioners v. The Kansas City Star Company. The motion of Small Business Legal Defense Com-

mittee for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Brennan, Justice White and Justice Marshall would grant certiorari.

No. 83-2041. C. G. Billmeyer, et al.. Petitioners v. Joseph Tovar and Deborah Ann Moore. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is denied as untimely. Justice Blackmun and Justice Stevens would deny the petition.

No. 83-2084. Leslie C. Case, Petitioner v. CPC International, Inc., et al. The motion of Wendell S. Miller for leave to file a brief as amicus curiae is denied. Justice Stevens would grant this motion. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 78 MONDAY, OCTOBER 1, 1984

No. 83-2086. Talmadge Franklin Foster, Petitioner u Kjell Fillinger. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice Brennan, Justice Marshall and Justice Blackmun would grant certiorari.

No. 83-6555. Linroy Bottoson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6580. Doyle Edward Skillem, Petitioner v, Raymond K. Pro- cunier, 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. 83-6623. Larry Griffin, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6660. Willie Lawrence Celestine, Petitioner v. Louisiana. Pe- tition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6690. Michael Matson, 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. 83-6694. Sterling Rault, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6699. James Agan, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6708. Henry Deutscher, Petitioner v. Charles L. Wolff, Jr.,

Director, Department of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6740. Eugene Sherman Colvin, 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. 83-6748. Phillip Workman, 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. MONDAY, OCTOBER 1, 1984 79

No. 83-6763. Peter Hochstein, Petitioner v. Nebraska; and

No. 83-6802. C. Michael Anderson, Petitioner v. Nebraska. Petitions for writs of certiorari to the Supreme Court of Nebraska denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6806. 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. 83-6811. Charles Silagy, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6829. Tunothy C. Palmes, Petitioner^;. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6833. Brandon A. Jones, Petitioner v. Robert 0. Francis, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6855. Mark A. HopMnson, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6882. Victor Roberts, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6895. Bobby Earl Lusk, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6912. Frederick Lashley, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-85. Ellis Wayne Felker, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5001. Dennis W. Stockton, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5007. James Everett Castell, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall. 80 MONDAY, OCTOBER 1, 1984

No. 84-5049. Joseph Carl Shaw, Petitioner v. Joseph R. Martin, Warden. 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. 84-5092. John Earl Booker, 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. 84-5125. Bobby Glen Wilcher, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 84-5129. Gregory Resnover, Petitioner v. Indiana, Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5185. Richard Caldwell, 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. 84-5228. Arthur Jones, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6801. Emilcar Bermudez, Petitioner v. Theodore Reid, Su- perintendent, Fishkill Correctional Facility, et al. The motion of Robert

M. Morgenthau, District Attorney, New York County for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6830. Billy Sunday Birt, Petitioner v. Charles N. Montgom- ery, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall would grant certiorari.

No. 84-3. Paul P. Swaida, Jr. , Petitioner v. IBM Retirement Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Blackmun and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-72. AT&T Technologies, Inc., Petitioner v. Raymond C.

Blim, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell and Justice O'Con- nor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 1, 1984 81

No. 84-99. Phin Cohen, Petitioner v. President and Fellows of Har- vard University, Howard H. Hiatt and Frederick J. Stare. 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. 84-105. Martin Fine, et al.. Petitioners v. Bellefonte Underwrit- ers Insurance Co. The motion of Municipal Art Society of New York 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. 84-106. Rhode Island, Petitioner v. Claus von Bulow. 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 Annie Laurie

Kneissel, et al. for leave to file a brief as amici curiae is granted. Peti- tion for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 84-5082. Gamett W. Brown, Petitioner v. Pennsylvania, et al.

The motion of Harvey Kudler 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.

Common Law Certiorari Denied

No. 83-2056. In Re C. Itoh & Company (America) Inc., Petitioner. Petition for common law of certiorari denied.

Habeas Corpus Denied

No. 83-6893. In Re Clovis Carl Green, Jr., Petitioner; and No. 84-5023. In Re Charles Jess Palmer, Petitioner. The petitions for writ of habeas corpus are denied.

Mandamus Denied

No. 83-2055. In Re C. Itoh & Company (America) Inc., Petitioner;

No. 83-6707. In Re J. Patrick Dohm, Petitioner;

No. 83-6842. In Re J. Patrick Dohm, Petitioner;

No. 83-6976. In Re Raymond H. Acosta, Petitioner;

No. 83-7003. In Re Samuel L. Sommer, Petitioner; and 82 MONDAY, OCTOBER 1, 1984

No. 84-5243. In Re Sylvester Jones, Petitioner. Petitions for writs of mandamus are denied.

No. 83-2094. In Re Ruth Ellen Pearce, Petitioner. The petition for a writ of mandamus and other relief is denied.

No. 84-5021. In Re Terry Louis Carter, Petitioner. Petition for writ of mandamus and/or prohibition is denied.

Prohibition Denied

No. 83-6897. In Re Marsha M. Barritt, Petitioner. Petition for writ of prohibition is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Leonard Francis Alcantara Honolulu, HI Michael M. Payne Thomas A. Allen Philadelphia, PA Edward C. Mengel Jr. Michael Dana Axline Eugene, OR John Earle Bonine Richard Paul Bartos Helena, MT Helena Sinclair Maclay Jeffrey C. Bates Boston, MA Allan van Gestel Anthony Steven Beccarelh San Diego, CA Michael Desmond McGlinn Paul V. Benatti Provincetown, Edward E. Veara MA Donald Thomas Bogan Greensboro, NC Alan William Duncan Carey Nicolas Bos Orlando, FL Thomas Frederick Lang Frederick deB. Bostwick Waco, TX Curtis Cullen III Smith Jr. Robert Franklin Briggs Houston, TX Michael Kennedy BeU William Franklin Bronson Dallas, TX John E. III Humphreys Thomas Wayne Brooks Tallahassee, FL Ronald Gustav Meyer MONDAY, OCTOBER 1, 1984 83

Applicant City and State Movant

Jeffrey Jack Bruflat San Diego, CA Frank M. Jodzio Joel Ray Bryan Jr. Thousand Oaks, Solicitor General CA Rex E. Lee Keith Scott Burn Las Cruces, NM Neil E. Weinbrenner Thomas Kevin Clancy Washmgton, DC Michael Wilham Farrell Nathan Dorlon Clark Miami, FL Hugh Franklin Culverhouse Jr. Dennis W. Clayton Spokane, WA George A. Kain Kevin S. Cooman Rochester, NY David G. Larimer

T 1 TV yr TT • Lance A. Coppock Des Moines, lA John F. McKmney Jr.

James J. Cronin Denver, CO John W. McKendree Ronald Cordell Crump Wasmngton, DC Frank Q. Nebeker Marc Darrow LosT Angeles,A 1 CAA Robert Moore McMahon R. Adolf0 deCastro San Juan, PR Carlos M. Rivera Vicente Bruce E. Dice Oakmont, PA Michael F. Dalfonso Jr. John Thomas Doyle Chicago, IL Peter Bernard Carey James A. Edwards Orlando, FL Thomas Michael Burke David A. Epstein Chicago, IL Edward M. Genson Robert B. Eubank Birmingham, AL John Michael Rediker Thomas Earl Fennell Washington, DC Erwin N. Griswold F. Joseph Fennessy Jr. Meeker, CO Milton K. Blakey Robert George Frame Honolulu, HI Michael M. Payne Mitchell J. Frank Orlando, FL John McEnery Robertson 84 MONDAY, OCTOBER 1, 1984

Applicant City and State Movant

Eunice Gibson Madison, WI Henry A. Gempeler Stephen Paul Gold White Plains, NY Robert Graham Kurzman Jul Eliot Graham New York, NY Arnold Harold Graham Brian E. Gray- San Francisco, CA Jerome B. Falk Jr. David E. Groom Salem, OR John Thomas Daugirda Robert Hardin Washington, DC Matthew Joseph Wheeler Jr. Edwin A. Heafey Jr. Oakland, CA Peter W. Davis Gary Norman Holthus Miami, FL Stanley Jay B artel Catherine Mary Hughes Phoenix, AZ John William Rood Alan L. Isaacman Beverly Hills, CA Phalen G. Hurewitz Bruce Lawrence Jamison Houston, TX James Harry Brannon

Jerry S. Jones Johnson City, TN John D. Goodin Charles Joshua Katz San Mateo, CA John Michael SulUvan Lorrin A. Kau Honolulu, HI Michael M. Payne Thomas John Kennedy Phoenix, AZ Phillip Michael Prince Howard B. Klein Phildelphia, PA Walter S. Batty Jr. Douglas M. Kraus New York, NY Barry H. Garfinkel Spencer Jonathan Krupp Atlanta, GA Mark Van Spix Thomas A. Kulick Lansing, MI Frank J. KeUey John Walter Larson Missoula, MT Helena Sinclair Maclay Jay P. Levy-Warren New York, NY Stanley M. Berman MONDAY, OCTOBER 1, 1984 85

Applicant City and State Movant

David A. Lieberth Akron, OH Michael B. Hendler Doris Estelle Long Washington, DC Roxann Elizabeth Henry Craig Allan Lytle Lake Oswego, OR Peter Mayrant Sheely Lee M. Mager Bronx, NY Saul L. Eagle Marco J. Magnano Jr. Seattle, WA Daniel J. Riviera John Joseph Meglio New York, NY Anthony J. Cutrona Craig Thomas Merritt Richmond, VA Gerald Lee Baliles Kenneth Edward Meyer Los Angeles, CA John Edward Kelly Steve M. Mihalchick Columbia Joseph L. Daly Heights, MN Paul Lee Miller Philadelphia, PA James J. Rohn Bradford Earl Morris Houston, TX Edward Lewis Lasof

Timothy J. Murphy Oakland, CA Patrick J. Becherer

Edward M. Muska Stafford Springs, Robert J. Pigeon CT Kenneth Edward Natale Washington, DC C. Emerson Duncan II George Carey Nelson III Cartersville, GA Jefferson L. Davis Jr.

David W. Oestreicher II New Orleans, LA John C. Combe Jr. Wilmot T. Pope Boston, MA John M. Hall Daniel V. Presnick New Haven, CT Sue Lazarow Wise

Lynn A. Pringle Oklahoma City, Kenneth I. Jones OK Jr. Jane G. Printz Albuquerque, NM Martin B. Paskind Ralph P. Richard Miami, FL Calvin F. David EHsabeth Hewitt Ross Washington, DC Eric A. Eisen

Donald J. Ruberg Covington, KY John J. O'Hara 86 MONDAY, OCTOBER 1, 1984

Applicant City and State Movant

Johnnie H. Russell Dallas, TX Barrett Wykeham Stetson Joseph L. Schneider Hollywood, FL Jose A. Gonzalez Jr.

WilHs 0. Serr II Dayton, OH Walter A. Porter Robert Jackson Shreve Tallahassee, FL James C. Smith WilHam Edward Simms Fayetteville, TN Don Wyatt Lee H. Simowitz Washington, DC Samuel K. Abrams Lynn Charles Slaby Akron, OH Frederic L. Zuch Scott Erik Stafne Seattle, WA J. Carl Mundt Robert Gary Stephens Houston, TX Walter James Kronzer Jr. James E. Stewart Detroit, MI George E. Brand Jr. Carl Joseph Stich Jr. Cincinnati, OH Mark Alan Vander Laan Michael Lynn Synar Muskogee, OK Jack B. Brooks Thurston Arthur Thompson Springdale, AR Sidney S. McMath

Louis J. Timchak Jr. Palm Beach, FL H. Michael Easley Thomas R. Waddell San Diego, CA Michael Desmond McGlinn Howard Twaddell Weir III Washington, DC Thomas Edward Reinert Jr.

Donald S. White Los Angeles, CA Lee B. Wenzel Jo Stiles Wiginton Angleton, TX Richard Charles Stevenson

WiUiam J. Wolf Lakewood, NJ Mary Catherine Cuff

Gary M. Zadick Great Falls, MT Robert J. Emmons William Leo Zeltonoga Los Angeles, CA Lowell R. Wedemeyer

Daniel I. Ziskin Phoenix, AZ Oscar C. Rauch MONDAY, OCTOBER 1, 1984

Applicant City and State Movant

Robert A. Zunich Pittsburgh, PA Michael F. Dalfonso Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

George Scott Miller Whittier, CA Solicitor Gene: Rex E. Lee Leland John Bruzzone San Leandro, CA Fred F. Fieldi J. Michael Conaway Dothan, AL John Wesley Vardaman J Arthur Zachary Schwartz New York, NY Arthur Lowell Fox II William Eugene F arris Buena Park, CA Joseph S. Kaufman Kennard Rutledge Smart Santa Ana, CA Joseph S. Jr. Kaufman

Oral Argument

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

Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellar

San Antonio Metropolitan Transit Authority, et al. Reargued by Solicitor General Rex E. Lee for the appellant in No. 82-1951, Mr. Laurence Gold for the appellant in No. 82-1913, and by Mr. ^ liam T. Coleman, Jr. for the appellees in both cases. No. 83-727. Lamar Alexander, Governor of the State of Tennesj et al.. Petitioners v. Hershel Choate, et al. Argued by Mr. W. J. chael Cody for the petitioners, by Mr. Paul M. Bator for the Uni States as amicus curiae, by special leave of Court, and by Mr. G. C don Bonnyman, Jr. , for the respondents.

No. 83-1065. County of Oneida, New York, et al.. Petitioners

Oneida Indian Nation of New York State, etc., et al.; and

No. 83-1240. New York, Petitioner v. Oneida Indian Nation of N

York State, etc., et al. One and one-half hours allowed for oral gument. Argued by Mr. Allan van Gestel for the petitioners in I 88 MONDAY, OCTOBER 1, 1984

83-1065, by Mr. Peter H. Schiff for the petitioner in No. 83-1240, by Ms. Arlinda F. Locklear for the respondents in both cases, and by Mr. Edwin S. Kneedler for the United States as amicus curiae, by special leave of Court, in both cases.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) TUESDAY, OCTOBER 2, 1984 89 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Myma E. Friedman Washington, DC Edward Alan Frankle

Oral Argument

No. 83-712, New Jersey, Petitioners T.L.O. Reargued by Mr. Allan J. Nodes for the petitioner and by Ms. Lois De Julio for the respondent. No. 83-1427. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Johnny Paul Witt. Argued by Mr. Robert J. Landry for the petitioner and by Mr. William C. McLain for the respondent. No. 83-469. United States, Petitioner u Billy G. Young. Argued by Mr. Michael McConnell for the petitioner, pro hac vice, by special leave of Court, and by Mr. Burck Bailey for the respondent.

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., et al. Argued by Mr. Joshua L Schwartz for the petitioner and by Mr. H. Louis Nichols for the respondents.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) WEDNESDAY, OCTOBER 3, 1984 91 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admission to the Bar on Oral Motions

Applicant City and State Movant

Brenda Joyce Stovall Pittsburgh, PA Myles V. Lynk III Frank Morriss Fly Murfreesboro, TN Timothy Neilson Black Richard L, Murray St. Louis, MO William Lee Bransford

Oral Argument

No. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. Reargued by Mr. Gordon Lee Garrett, Jr. , for the petitioner and by Mr. Thomas F. Heilmann for the respondent.

No. 83-728. Herb's Welding, Inc., et al., Petitioners v. Robert H. Gray, Jr., et al. Argued by Mr. Wood Brown, III, for the petitioners and by Ms. Carolyn F. Corwin for the federal respondent and by Mr. T. Gerald Henderson for respondent Robert H. Gray, Jr.

No. 83-773. Oregon, Petitioner v. Michael James Elstad. Argued by Mr. David B. Frohnmayer for the petitioner and by Mr. Gary D. Bab- cock for the respondent.

No. 83-912. Edward Luce, Petitioner v. United States. Argued by

Mr. James I. Marcus for the petitioner and by Mr. Bruce M. Kuhlik for the respondent, pro hac vicej by special leave of Court.

Adjourned until Tuesday, October 9, 1984 at 10 o'clock. X

(JOURNAL) TUESDAY, OCTOBER 9, 1984 93 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1816. William Jibson, Appellant v. White Cloud Education Association. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question. Justice Black- mun, Justice Rehnquist and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 83-7039. Robert Chambers, Appellant v. Vermont. Appeal from the Supreme Court of Vermont. 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. 84-245. Mary D. Pellegrino, et al.. Appellants v. William A. O'Neill, et al. Appeal from the Supreme Court of Connecticut. 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. 84-293. John Femeding, Appellant v. Consolidated Rail Cor-

poration, et al. Appeal from the Court of Appeals of Ohio, Hamilton County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5217. Beatrice L. Robinson, Appellant v. Governor James

Thompson, et al. Appeal from the United States Court of Appeals for the Seventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 84-278. Clyde F. Stagner, dba West Route Trading Company,

Appellant v. Wyoming State Tax Commission, et al. Appeal from the Supreme Court of Wyoming. The appeal is dismissed for want of a substantial federal question. 94 TUESDAY, OCTOBER 9, 1984

Orders in Pending Cases

No. . George Onett, Petitioner v. United States. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of this Court is denied.

No. . Tropigas, S. A., Petitioner v. Richard Anderson, et al. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of this Court is denied.

No. . National Association for the Advancement of Colored Peo- ple and Perry White, Appellants v. Town of Hilton Head, et al. The motion to direct the Clerk to file the jurisdicational statement that does not comply with the Rules of this Court is denied. Justice Stevens and Justice O'Connor would grant the motion. No. A-178. William D. Ruckelshaus, Administrator, United States

Environmental Protection Agency, Applicant v. Union Carbide Agri- cultural Products Co., Inc., et al. The application for stay presented to Justice Marshall and by him referred to the Court is granted and the District Court's judgment in 79 Civ. 2913 (RO) enjoining operation of Section 3(c)(1)(D) is stayed pending disposition of the appeal.

No. A-214. Henry N. Walters, Administrator of Veteran's Affairs, et al.. Applicants v. National Association of Radiation Survivors, et al. The motion to vacate the stay entered by Justice Rehnquist on Septem- ber 27, 1984 is denied. Justice Stevens would grant the motion. No. D-444. In the Matter of Disbarment of William C. Sherr. Disbar- ment order entered.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al..

Petitioners v. United States. The motion of National Industrial Trans- portation League for leave to file a brief as amicus curiae is granted.

No. 83-703. Florida Power & Light Company, Petitioner v. Joette Lorion, etc., et al.; and No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al The motion of the Solicitor General to permit Charles A. Rothfeld, Esquire, to present oral argument pro hac vice is granted.

No. 83-1020. Ohio, Petitioner v, William Lee Kovacs, dba B & W En- terprises, et al. The motion of Thomas J. O'Neill, Trustee in Bank- ruptcy of Quanta Resources Corporation, Debtor, for leave to file a brief as amicus curiae, out-of-time is denied. Justice Marshall took no part in the consideration or decision of this motion. TUESDAY, OCTOBER 9, 1984 95

No. 83-1035. Tennessee, Appellant v. Cleamtee Garner, etc., et al.; and

No. 83-1070. Memphis PoKce Department, et al.. Petitioners v. Cleamtee Gamer, etc., et al. The motion of appellant in No. 83-1035 and petitioners in No. 83-1070 for divided argument is granted. No. 83-1097. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner u Sandra Turner, et al. The motion of State respondents for leave to file reply brief in support of petitioner is denied.

No. 83-1836. Melvin M. Burton, Jr., Petitioner v. Board of Profes- sional Responsibility of the District of Columbia Court of Appeals. The application for stay addressed to Justice Blackmun and referred to the

Court is denied.

No. 83-2076. Roger Pollard, Petitioner v. Board of Police Conmiis- sioners and Norman A. Caron. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-322. Charles G. Reminick, et al.. Petitioners v. Jack Maltz, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-372. Alan Friedrich, Petitioner v. United States. The application for stay addressed to Justice Powell and referred to the Court is denied.

No. 84-5266. Maxine Denise Wynne Chambers, Petitioner v. Ameri- can Greetings Corporation. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 30, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., /nc, 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 84-5340. Larry R. Cummings, Petitioner v. Merit Systems Pro- tection Board. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 30, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. 96 TUESDAY, OCTOBER 9, 1984

Appeals—Jurisdiction Noted or Postponed

No. 84-76. Nell Hunter, et al., etc., Appellants v. Victor Underwood and Carmen Edwards, etc. Appeal from the United States Court of Appeals for the Eleventh Circuit. In this case probable jurisdiction is noted.

No. 84-231. Alvin D. Hooper and Mary N. Hooper, Appellants v. Bernalillo County Assessor. Appeal from the Court of Appeals of New Mexico. In this case probable jurisdiction is noted.

No. 84-237. Yolanda Aguilar, et al.. Appellants v. Betty-Louise

Felton, et al.; No. 84-238. Secretary, United States Department of Education, Ap- pellant V. Betty-Louise Felton, et al.; and No. 84-239. Chancellor of the Board of Education of City of New York, Appellant u Betty-Louise Felton, et al. Appeals from the United States Court of Appeals for the Second Circuite Further consideration of the question of jurisdiction is postponed to the hearing of the cases on the merits. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 83-2148. Oregon Department of Fish and Wildlife, et al.. Peti- tioners u Klamath Indian Tribe. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 84-68. Kerr-McGee Corporation, Petitioner v. Navajo Tribe of Indians, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 84-249. Roger L. Spencer, et ux.. Petitioners u South Carolina Tax Commission, et al. Petition for writ of certiorari to the Supreme Court of South Carolina granted.

No. 84-233. Phillips Petroleum Company, Petitioner v. Irl Shutts, et al. The motion of Legal Foundation of America for leave to file a brief as amicus curiae is granted. The motion of National Association of In- dependent Insurers for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Kansas granted. Justice O'Connor took no part in the consideration or decision of these motions and this petition. No. 84-262. Mountain States Telephone and Telegraph Company, Petitioner v. Pueblo of Santa Ana. The motion of Atchison, Topeka and Santa Fe Railway Company for leave to file a brief as amicus curiae is (JOURNAL) TUESDAY, OCTOBER 9, 1984 93 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1816. William Jibson, Appellant v. White Cloud Education Association, Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question. Justice Black- mun, Justice Rehnquist and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 84-293. John Femeding, Appellant v. Consolidated Rail Cor- poration, et al. Appeal from the Court of Appeals of Ohio, Hamilton County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5217. Beatrice L. Robinson, Appellant v. Governor James

Appellant v. Wyoming State Tax Commission, et al. Appeal from the Supreme Court of Wyoming. The appeal is dismissed for want of a substantial federal question. 94 TUESDAY, OCTOBER 9, 1984

Orders in Pending Cases

No. . George Onett, Petitioner v. United States. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of this Court is denied.

No. . Tropigas, S. A. , Petitioner v. Richard Anderson, et al. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of this Court is denied.

No. A-214. Henry N. Walters, Administrator of Veteran's Affairs, et al., AppHcants v. National Association of Radiation Survivors, et al. The motion to vacate the stay entered by Justice Rehnquist on Septem- ber 27, 1984 is denied. Justice Stevens would grant the motion. No. D-444. In the Matter of Disbarment of William C. Sherr. Disbar- ment order entered.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al..

Petitioners v. United States. The motion of National Industrial Trans- portation League for leave to file a brief as amicus curiae is granted.

No. 83-703. Florida Power & Light Company, Petitioner v. Joette Lorion, etc., et al.; and No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al. The motion of the Solicitor General to permit Charles A. Rothfeld, Esquire, to present oral argument pro hac vice is granted.

No. 83-1020. Ohio, Petitioner v. WilUam Lee Kovacs, dba B & W En- terprises, et al. The motion of Thomas J. O'Neill, Trustee in Bank- ruptcy of Quanta Resources Corporation, Debtor, for leave to file a brief as amicus curiae^ out-of-time is denied. Justice Marshall took no part in the consideration or decision of this motion. TUESDAY, OCTOBER 9, 1984 99

No. 84-64. Wayne Cryts, et al., Petitioners v, Louis French, Trustee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-78. Robert L. Campbell, et al.. Petitioners v. Department of Transportation; Federal Aviation Administration. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-81. Raymond T. Morgan, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 84-86. Scripps-Howard Broadcasting Company, et al.. Petition- ers V. Lester J. Barber, et ux. Petition for writ of certiorari to the Court of Appeals of Ohio, Stark County, denied.

No. 84-92. El Paso County Community College District, et al. , Peti- tioners V. Professional Association of College Educators, TSTA/NEA, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-93. Martin Allen Fine, Petitioner u Barry and Enright Pro- ductions, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-100. Bemat Kupferstein, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 84-101. Brontel, Ltd., 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. 84-142. Republic of Colombia, Petitioner v. Jose A. Fonseca, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-162. An Article of Device: "Toftness Radiation Detector," et al. , Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-166. Windrush Partners, Ltd., dba Windrush Apartments, et al.. Petitioners v. Metro Fair Housing Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 84-181. Superior West Sixth Corporation, Petitioner v. Cuya- hoga County Board of Review, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. 100 TUESDAY, OCTOBER 9, 1984

No. 84-187. Russell Wo Chaplin, Jr., et al,, Petitioner v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-192. Merrill N. Bradley, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-203. Kenneth W. Behrend and Behrend, Aronson and Mor- row, Petitioners v. Alton Godwin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-204. Michael Tobriner, et al., Petitioners v. Redevelopment Agency of the City of Concord. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 84-212o International Harvester Company, Petitioner v. Robert Cc Wasson, etc., et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 84-219. Charles P. Morris, et al., Petitioners u Providence Hospital. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-220. Donald L. Dunlap, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington Division 3, denied. No. 84-222. Strachan Shipping Company and American Mutual Li- ability Insurance Company, Petitioners v. Bankers & Shippers Insur- ance Company of New York and Arthur W. Sturgeon. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-228. Shaheen Natural Resources Company, Inc., Petitioner

V. LaSociete Nationale Pour La Recherche, La Production, Le Trans- port, La Transformation et La Commercialisation Des Hydrocarbures. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-234. Ross C. Wilkinson, Petitioner v. L. Joyce Hampers. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-235. Showcase Cinemas Concessions of Dedham, Inc., et al..

Petitioners v. John Silva, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-242. Robert A. Heghmann, et ux.. Petitioners v. Connecticut Savings Bank. Petition for writ of certiorari to the Supreme Court of Connecticut denied. TUESDAY, OCTOBER 9, 1984 101

No. 84-246. Thomas R. Angel, et ux., Petitioners u Louis H. Renn. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-250. Chic Magazine, Inc., Petitioners. Ed Braun, et ux. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-251. Eldee Edwards, Jr., et al.. Petitioners v. Consolidated Rail Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-253. Thalia Hsiung, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 84-255. Garlam Enterprises Corporation, Petitioner v. Autori- dad de Carreteras de Puerto Rico. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.

No. 84-257. City of Los Angeles, et al.. Petitioners u Leroy Buttler, Donald Buttler and Victor Buttler. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-264. Chemical Bank, et al. , Petitioners v. Arthur Andersen & Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-280. City of Cleveland, Petitioner v. Cleveland Electric Illu- minating Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-282. Charles D. Knowles, Sr. and Charles D. Knowles, Jr.,

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

No. 84-286. Louise Konik, Petitioner v. Champlain Valley Physicians

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

No. 84-299. Timothy Jones, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third Supreme Judicial District, denied.

No. 84-300. S. Jeffrey Besser, Petitioner v. Charlotte Greenfield. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 84-301. Larry Gordon Lanning and Scott Ramon Terwilliger, Pe-

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

102 TUESDAY, OCTOBER 9, 1984

No. 84-302. Alcee L. Hastings, Petitioner v. Investigating Commit- tee of the Judicial Council of the Eleventh Circuit and United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-376. Michael Joseph Sadosky, aka William M. Ryan, Peti- tioner V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-377. Andrew Michael Glomb, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5044. Michael Cecil Craney, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Couit of Iowa denied.

No. 84-5064. Eulalia Mayoral, et al.. Petitioners v. Jeffco American

Baptist Residences, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-5067. Darrell L. Frazier, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5109. Johnny Ray Amett, Petitioners Al C. Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5142. George Garay, Petitioner v. Charles Scully, Super- intendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5194. Grandville Tennart, Petitioner v. Ross Maggio, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-5198. John Tarkowski, Petitioner v. Pennzoil Company, Inc. et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 84-5209. Donald Hughes, Petitioner v. Florida; and James Perry

Taylor, a/k/a James Perry Kuebler, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied.

No. 84-5212. Edward Gregory, Petitioner v. Donald W. Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY, OCTOBER 9, 1984 103

No. 84-5222. Brent L. Dock, Petitioner v. George Latimer, etc., et

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

No. 84-5225. Walter Lamacki, Petitioner v. Illinois. Petition for writ of certioi^i to the Appellate Court of Illinois, Second District, denied.

No. 84-5229. Ella Homick, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5230. Allah Barshai, etc., Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 84-5231. Huet Lee Jones, Petitioner v. Wolverine Bolt Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 84-5232. Betty Bethea, Petitioner v. J. A. Jones Construction Services Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5246. William Staples, Petitioner v. Joe Scheralla, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5248. John Ferenc, etc.. Petitioner v, Greg Paite, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5250. Oswald John, Petitioner u Irwin J. Silverlight, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5253. Julius Petrofsky, Petitioner v. Richard Richards. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5255. Charles J. Borrelli, Petitioner v. Anderson, Schneider,

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

No. 84-5259. Walter Shemerdiak, Petitioner v. Worker's Compensa- tion Appeals Board of the State of California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-5272. John Ross, Petitioner u Robert J. Henderson, Superin- tendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 104 TUESDAY, OCTOBER 9, 1984

No. 84-5275. Michael Bruce Stinson, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 84-5277. Robert Louis Henry LaRose, Petitioner u Florida. Pe- tition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 84-5281. J. C. McCrary, Petitioner v. Joseph Cohen, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5283. Weldon Fells, Petitioner u R. I. Maben, Corrections

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

No. 84-5284. Manuel Fuentes, Petitioner v. Fred Ross, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5285. Mary Jane Heck, Petitioner v. Communications Satel- lite Corporation. Petition, for writ of certiorari to the Court of Appeals of Maryland denied.

No. 84-5289. George E. Booker, III, Petitioner u James P. Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5290. John Golden, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-5292. Howard F. Hatch, Petitioner v. Ronald W. Mason, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5293, Peter J. Laskaris and Michael Skapura, Petitioners v.

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

No. 84-5295. James Freeman, 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.

No. 84-5296. James E. Cooper, Petitioner v. J. 0. Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5299. Paul Joseph Kuster, Petitioner v. Dan McCarthy, Di- rector, California Department of Corrections. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. TUESDAY, OCTOBER 9, 1984 105

No. 84-5311. Roy Milton Harrison, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5312. Bruce Edward Cole, Petitioner v. Gerald T. Frye, Superintendent, Missouri Eastern Correctional Center, Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5337. John Robert Demos, Petitioner v. Robert J. McNichols, et ai. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5341. Michael A. Kakley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5345. Enrique Aguilar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5355. William Staples, Petitioner v. Thomas R. Israel, Super- intendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5358. Julius Chris Fisherman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-5365. Oilsin Cabezas, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5381. Phillip Martinez and Michael Olmo, Petitioners v. United States District Court for the Northern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5391. Richard Gabrish, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5393. Arthur Locosale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1755. Brotherhood of Teamsters, Local No. 70, Petitioner v. California Consolidators, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissent- ing opinion by Justice White with whom Justice O'Connor joins. 106 TUESDAY, OCTOBER 9, 1984

No. 83-1759. Rohrer, Hibler & Replogle, Inc., Petitioner v. Robert D, Perkins. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Justice White with whom Justice Blackmun joins. Justice Stevens took no part in the consideration or decision of this petition. No. 83-1829. Ida Mary Lewis, Petitioner u University of Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. Justice Brennan and Justice Black- mun would grant certiorari.

No. 83-1902. Nancy Simpson, Petitioner v. Paul Beeler and Linda Beeler. Petition for writ of certiorari to the Court of Appeals of Indi- ana, First District, denied. Justice Brennan would grant certiorari. No. 83-6920. Curtis Mack Lewis, Petitioner u R. K, Procunier, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice Brennan would grant certiorari.

No. 83-2102. Texas, et al., Petitioners v. United States, et al. The motion of Alabama Public Service Commission, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2145. Navios Corporation, et al.. Petitioners v. United States, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 83-6704. Joe Leonard Lambright, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-7013. Stevie Lamar Fields, 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. 83-7014. Chester Lee Wicker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-7021. Jeffrey Stuart Dicks, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5200. William M. Squires, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. TUESDAY, OCTOBER 9, 1984 107

No. 84-5206. Charles M. Albanese, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5261. Harold McQueen, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5265. Elroy Preston, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5269. Ronnie Lee Jones, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5505. Linwood E. Briley, Petitioner v. Gary L. Bass, 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. 83-6814. Phillip Nathaniel Williford, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice White.

No. 83-6832. Durlyn Eddmonds, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6839. Terry L. Stuckett, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Justice White with whom Justice Rehnquist joins.

No. 84-229. Joseph Accardi, et al.. Petitioners v. Robert J. David- son, Jr., etc., et al.; and

No. 84-5052. Shirley Zahn, etc., Petitioner v. Robert J. Davidson,

Jr. , etc. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-240. Nancy Freedman, et al. , Petitioners v. Trans World Air- lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 84-263. Double H Plastics, Inc., Petitioner v. Sonoco Products Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 108 TUESDAY, OCTOBER 9, 1984

No. 84-5287. Talakkottur R. David, Petitioner v. American Tele- phone and Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-284. Null Manufacturing Co., Petitioner v. Mayzell Little- john. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5079. Annette Louise Stebbing, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. Justice Brennan would grant the petition. Dissenting opinion by Justice Marshall.

No. 84-5303. Alton Waye, Petitioner v. Edward C. Morris, Superin- tendent, Mecklenburg Correctional Center. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan. Dissenting opinion by Justice Marshall. Mandamus Denied No. 84-5294. In Re James E. Cooper, Petitioner; and No. 84-5382. In Re Bal K. Thaper, Petitioner. Petitions for writs of mandamus are denied.

Prohibition Denied

No. 84-5310. In Re Frank E. Forrester, Petitioner. The petition for writ of prohibition is denied. Rehearings Denied

No. 83-436. Donald Regan, Secretary of the Treasury, et al., Peti- tioners V. Ruth Wald, et al. The petition for rehearing is denied.

No. 83-297. Armco Inc., Appellant v. David C. Hardesty, Jr., State Tax Commissioner of West Virginia. The petition for rehearing is denied. Justice Powell would grant this petition. Recess Order The Court will take a recess from Monday, October 15, 1984 until Monday, October 29, 1984. Admissions to the Bar on Written Motions

Applicant City and State Movant

Naveed Alam Los Angeles, CA Harry George Weissenberger Barry Todd Albin Woodbridge, NJ Milton B. Conford TUESDAY, OCTOBER 9. 1984 109

Applicant City and State Movant

Kirk James Anderson Boise, ID David B. Vaughn Abraham A. Arditi Seattle, WA Sidney J. Strong Phillip D. Armstrong Mmot, ND Jan M. Sebby

TT • d^'J. XTT Eric J. Bal Umon City, NJ Wilham Roveto Joseph L. Bernstein Fort Lauderdale, Jack Stein FL Jewell Kaye Graves Biddle Breckenridge, CO Jean Eberhart Dubofsky William Taylor Biggers Asheville, NC Guy A. Hamun John M. Broeker Minneapolis, MN James David Miller William Cable Bruce New Haven, CT William C. Lynch Guy Richard Bucci Charleston, WV Wesley G. Howell Jr. John E. Buffaloe Jr. Nashville, TN Aubrey B, Harwell Jr. Luis C. Bustamante iVLiami, r L bnaries A. ocnueite Temple Witt Cabell Richmond, VA Archibald Wallace illTTT

Roger Christopher ureezy Jromt, in i iiiric 15. ocnoenieiu Campbell

Gordon T. Carey Jr. PortlanH OP Tnm1 Ulil iJ.T. IVXctoUIlIVTacnn Richard T. Carley ircllLUll, iN« T/^rlTl Ti^i Davis Carr iVlOulie, ALi Wmiam o. iiaweii 111TTT Anthony Sing Lam Chan rlonoiuiu, rll Samuel P. King

James Vincent Cinotto bprmgneia, iij Michael Vujovich Elizabeth K. Clarke Miami, FL Sam Darnels Kelly J. Coghlan rlouston, iA Finis Ewing Cowan Ronald Cohen Houston, TX Robert Smith Blank III John Michael Colpoys Dallas, TX Cecil W. Casterline Forrest E. Cook Whitesburg, KY William J. Baird Carl Anthony Cramer Dayton, OH John Wesley Wurts 110 TUESDAY, OCTOBER 9, 1984

Applicant City and State Movant

Rick S. Cullen Miami, FL Eugene Paul Spellman Bruce Edward Davis Camden, SC James B. Richardson Jr. Glenn H. Devlin Houston, TX Richard L. McGonigle Paul L. DiUon Juneau, AK Edward Budd Simpson III John DiLorenzo Jr. Portland, OR Diarumuid F. O'Scannlain Gary Allen Dodd Asheville, NC Guy A. Hamlin David H. Donaldson Jr. Austin, TX Roger James Greorge Jr. Duncan B. Dowling III Orlando, FL Gary H. Rushmer

oil • 1 TTTT Gary L. Dreier Stevens Pomt, WI John E. Shannon Jr. Claire Anita Duchemin Tallahassee, FL Judge John Lewis Hall Jr. Naomi Rebecca Duker White Plains, NY Robert Graham Kurzman Ted H, Finkeistein New York, NY Robert Graham Kurzman Robert M. Goldich Philadelphia, PA Howard D. Scher Marvyn Barry Gordon Beverly Hills, CA Peter Michael Fonda Gary G. Graham Inverness, FL Bruce P, Cury Mark David Greenberg Miami, FL Charles A. Schuette Victor G. Grossman White Plams, NY Robert Graham Kurzman Thomas G. Halloran Milwaukee, WI Michael R. Fox Harry L. Harper Panama City, FL W. Fred Turner Denison H. Hatch Jr. Wilmington, DE Douglas Edgar Whitney Frederick A. Henderson Phillips, WI Danny Lee Cowser Robert W. Hensley Louisville, KY Foster V. Jones Jr. A

TUESDAY, OCTOBER 9, 1984 111

Applicant City and State Movant

Mark Hicks Miami, FL Sam Daniels Frazer Croswell Hilder Washington, DC Mary Elizabeth Rose

Charles F. Hinton Waterloo, I William Louis Beecher Don Horowitz Philadelphia, PA Sidney W. Bookbinder Melvyn Jay Huber New Rochelle, Elaine F. NY Friedman Rocco P. Imperatrice III Media, PA Joseph W. Kaufftnan Richard S. Jaffe Birmingham, AL Lewis Daniel Turberville Jr. Christopher Edward John Richmond, CA Grant G. Calhoun Judge Philip P. Kalodner Philadelphia, PA Harold E. Kohn K W. Kampe III Los Angeles, CA Clyde H. Potter Jr. Charles Alfred Kandt North Platte, NB Lyle A. Rodenburg Jerry W. Katskee Omaha, NB Thomas Fredric Simpson Jr. Jack H. Kaufman San Diego, CA Thomas Grady James William Keenan Fayetteville, WV John Woodville Hatcher Jr. Peter J. Kelley Ann Arbor, MI Paul R. Dimond Michael Edward Kennedy Washington, DC Joseph B. Kennedy Jr. Joel M. Kessler Neptune, NJ Frederick A. Zoda Gregory Jefferson Kramer Sarasota, FL Russell A. Meade Michael Raymond Philadelphia, PA Henry S. Ruth Jr. Lastowsid William F. Lawrence New York, NY John A. Reilly Daryl Glenn LeCroy Atlanta, GA G. Alan Blackbuni Mark John LeHocky San Francisco, CA Michael N. Khourie James Leon Linsey New York, NY Robert S. Savelson 112 TUESDAY, OCTOBER 9, 1984

Applicant City and State Movant

Steven E. Lister Jonesboro, GA William Howard Ison Catherine Lomuscio Dougiaston, NY Steven Jay Rappaport Michael John Maiello New York, NY Duncan A. Eraser Jr. Lawrence Wade Marquess Denver, CO Kenneth Richard Stettner John Cavett McDuff Austin, TX James S. Damron Larry Hanly McMillin Cincinnati, OH James Ralph Adams Louise Hess McMurray Miami, FL Sam Daniels Stanley Jay Murphy Tuscaloosa, AL Charles Morgan Jr. Nell Jessup Newton Washington, DC Roger C. Hartley Joseph A. OTriel Tampa, FL Richard W. Blyler Andrew J. Ogilvie San Francisco, CA Harold A. Swafford Bernard J. Panetta II El Paso, TX Raymond C. Caballero James Franklin Parker Bedford, TX J. Lamar Cuiry Jr. Angela Petillo Los Angeles, CA Richard N. Bums Vincent Felice Pitta Brooklyn, NY Anthony J. Cutrona Karen Lee Price Lake Charles, LA Charles Sterling King Robert Langston Prince Benton, KY Richard H. Lewis Michael Salnick West Palm Beach, Donald Phillip FL Kohl David Herman Schwartz San Francisco, CA Herbert Resner Daniel F. Shea Washington, DC John Patrick McKenna James Harvey Simonsen New York, NY Vincent L. Leibell Jr. Jon Rory Skohiick South Orange, NJ David Feinsilver Mary Jo Smerz Chicago, IL John Jude Lowrey Thomas A. Spieczny El Paso, TX Raymond C. Caballero TUESDAY, OCTOBER 9, 1984 113

Applicant City and State Movant

Henry H. Stern Jr. St. Louis, MO Alan E. Popkin C. Donald Straub Milwaukee, WI Laurence C. Hammond Jr. Joseph W. Strealy Oklahoma City, Richard Weldon OK Freeman Jr. Carol Lynne Starrett Dallas, TX Randel B. Gibbs Tacker- Eva Susan Tashjian-Brown Richmond, VA James Patrick McElligott Jr. John R. Thomas Philadelphia, PA John Allen Hartingh Margaret L. Vandervalk DaUas, TX John L. Hauer Paul Nicholas Venker St. Louis, MO John Calvin Shepherd PWl Walsh Atlanta, GA Albert M. Horn James Armstrong Walters Columbus, MS John Land McDavid Robert Mandel Weissbourd Chicago, IL Robert Charles Howard David J. Welu Redfield, lA Daniel Joseph Spellman Michael Lloyd Wetzel Atlanta, GA Ronnie Keith Batchelor Terry Arthur White Evansville, IN Ole Joseph Olsen Jr. Mark Philip Wme Minneapolis, MN Harold Kalina Andrea Joanne Winkler Washington, DC Linda A. Cinciotta John W. Zunka Charlottesville, David Craig VA Landin

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Marjorie Gelb Oakland, CA Mark N. Aaronson John Edward Peer San Francisco, CA Mark N. Aaronson Joan A. Ross Danville, PA Lawrence J. Latto Archie Lapin Muncie, IN Alan E. Popkin 114 TUESDAY, OCTOBER 9, 1984 Oral Arguments

No. 83-1132. Park 'N Fly, Inc., Petitioner v. Dollar Park and Fly, Inc. Argued by Mr. Alan E. Popkin for the petitioner and by Mr. John M. McCormack for the respondent.

No. 83-1153. Mills Music, Inc., Petitioner v. Marie Snyder and Ted Snyder, Jr., etc. Argued by Mr. Marvin E. Frankel for the petitioner and by Mr. Harold R. Tyler, Jr., for the respondent.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H.

Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v.

Harold H. Thurston, et al. Argued by Mr. Henry J. Oechler, Jr., for the petitioner in No. 83-997, by Mr. Michael E. Abram for the petitioner in No. 83-1325 and by Mr. Lawrence G. Wallace for the Equal Employment Opportimity Conmiission and Mr. Raymond C. Fay for

Thurston, et al., respondents in both cases.

No. 83-1097. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Sandra Turner, et al. Argued by Mr. Carter G. Phillips for the petitioner and by Mr. Mark N. Aaronson for the respondents.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) WEDNESDAY, OCTOBER 10. 1984 115 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Daniel Raymond Voge Bakersfield, CA Fred Peter Heyser Jeri G. Voge Bakersfield, CA Fred Peter Heyser

Oral Arguments

No. 83-6061. Jose Garcia and Francisco Garcia, Petitioners v. United States. Argued by Mr. Charles G. White for the petitioners, pro hac vice, by special leave of Court and by Mr. Jerrold J. Ganzfried for the respondent. No. 83-1378. Paul Kavanaugh, Superintendent, Blackburn Cor- rectional Complex and David L. Armstrong, Attorney General, Peti- tioners V. Keith E. Lucey. Argued by Mr. J. Gerald Henry for the petitioners and by Mr. William M. Radigan for the respondent. Memo- randa to come.

No. 83-1020. Ohio, Petitioner v. William Lee Kovacs, dba B& W En- terprises, et al. Argued by Mr. E. Dennis Muchnicki for the petitioner, by Ms. Kathryn A. Oberly for the United States as amicus curiae by special leave of Court, and by Mr. David A. Caldwell for the respondents. Statement to come.

No. 83-1266. United States, Petitioner v. Robert W. Boyle, Execu- tor of the Estate of Myra W. Boyle, Deceased. Argued by Mr. Albert G. Lauber, Jr., for the petitioner and by Mr. Thomas E. Davies for the respondent.

Adjourned until Monday, October 15, 1984 at 10 o'clock. X

(JOURNAL) THURSDAY, OCTOBER 11, 1984 117 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Order in Pending Case

No. A-253. Linwood E. Briley, Applicant v. E. L. Booker, Warden. The application for stay of execution, which is scheduled for lip. m. on Friday, October 12, 1984, presented to the Chief Justice and by him referred to the Court, is denied. Justice Brennan and Justice Marshall dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case.

(JOURNAL) MONDAY, OCTOBER 15, 1984 119 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, and Justice Stevens. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-461. Club Mediterranee, S. A., Appellant v, Marjorie Schlossberg Dorin and Philip Dorin. Appeal from the Appellate Divi- sion, Supreme Court of New York, First Judicial Department. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 83-396. United States, Petitioner v. Gilbert Moreno. 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 Segura v. United States, 468 U. S. (1984). Justice Brennan, Jus- tice White and Justice Stevens dissent.

Orders in Pending Cases

No. . Henry J. Bennett, Jr., Petitioner v. City of Slidell, et al.

The motion of petitioner to direct the Clerk to file a petition for writ of certiorari with an appendix that does not comply with the Rules of the Court is denied.

No. . Coleman A. Lewis, Petitioner v. Robert A. Frosch, Ad- ministrator of NASA. The motion to dispense with printing the petition for writ of certiorari is denied. Justice Stevens would grant the motion.

No. . National Association for the Advancement of Colored Peo- ple, Inc., et al.. Appellants v. Michael Roland Daniel, etc., et al. The motion of appellants to file an appendix to a jurisdictional statement that does not comply with the Rules of the Court is denied. Justice 120 MONDAY, OCTOBER 15, 1984

Blackmun, Justice Stevens and Justice O'Connor would grant the motion and require the appellants to file forty copies of the appendix. No. A-225. Herbert Schmidt & Co., aka Waffenfabrik Schmidt

GmbH, Applicant v. Steve Latham, etc., et al. The application for stay addressed to Justice O'Connor and referred to the Court is denied. No. D-422. In the Matter of Disbarment of Claude McEuen Harden, Jr. Disbarment order entered. No. D-424. In the Matter of Disbarment of Bobby R. Stewart. Dis- barment order entered. No. D-428. In the Matter of Disbarment of Allan T. Quello. Disbar- ment order entered. No. D-430. In the Matter of Disbarment of Robert Charles Levinson. Disbarment order entered.

No. D-432. In the Matter of Disbarment of Anthony J. Graffagnino. Disbarment order entered. No. D-440. In the Matter of Disbarment of Daniel Michael Work, Jr. Disbarment order entered. No. 0-441. In the Matter of Disbarment of Morrow D. Mushkin. Dis- barment order entered.

No. D-442. In the Matter of Disbarment of John J. Sweeney, Jr. Dis- barment order entered. No. D-455. In the Matter of Disbarment of Monte Charles Phillips. It is ordered that Monte Charles Phillips, 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-456. In the Matter of Disbarment of Francis Edward O'Brien. It is ordered that Francis Edward O'Brien, of Deer Park, 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-457. In the Matter of Disbarment of Alfred Bruce Shapiro. It is ordered that Alfred Bruce Shapiro, of Alexandria, 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-458. In the Matter of Disbarment of Joseph J. Rey, Sr. It is ordered that Joseph J. Rey, Sr., of Odessa, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within MONDAY, OCTOBER 15, 1984 121 forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-459. In the Matter of Disbarment of Kenneth M. Stachurski. It is ordered that Kenneth M. Stachurski, 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.

No. D-460. In the Matter of Disbarment of Eugene Patrick Hines. It is ordered that Eugene Patrick Hines, of McLean, 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. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al.,

Petitioners v. United States. The motion of National Small Shipments Traffic Conference, et al. for leave to file a brief as amid curiae is granted.

No. 84-177. Illinois, Petitioner v. James Hammock, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Certiorari Granted

No. 83-1935. Tony and Susan Alamo Foundation, et al.. Petitioners

V. Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 84-127. Richardson-Merrell, Inc., Petitioner v. Anne Elisabeth

Koller, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 84-277. Board of Trustees of the Village of Scarsdale, et al.. Peti- tioners V, Kathleen S. McCreary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioner u Mitsubishi Motors Corporation. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 83-1739. Local Union No. 1020, United Brotherhood of Carpen- ters & Joiners of America, AFL-CIO, Petitioner v. Tom J. McNaugh- 122 MONDAY, OCTOBER 15, 1984 ton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1778. Chris Allen Montgomery, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-1958. George C. Rogers, Petitioner v. Lockheed-Georgia Company, et al.; and

No. 83-6760. Raymond L. Sanders, Petitioner v. Grand Union Com- pany, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1967. John Murray, Petitioner v. Branch Motor Express

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

No. 83-2075. John Ranzoni and Robert Cuddeback, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6468. James Askew, Petitioner u F & W Express, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6757. Frederick A. Ossey, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-6800. Lionel Douglas Amos, Petitioner v. Midge Carroll, Su- perintendent, California Institution for Men. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6849. Larry Eugene Dennison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6868. John Leo Schwartzbauer, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6900. Clarence J. Tillis, Petitioner u David H. Williams, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 84-10. Cities of Bethany, Bushnell, Illinois, et al.. Petitioners v.

Federal Energy Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied. MONDAY, OCTOBER 15, 1984 123

No. 84-109. Ernest Stich, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-133. Robert G. Holliday, etc., Petitioner v, Xerox Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-139. Clarence R. Yeager Distributing, Inc., Petitioner v. Na- tional Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-274. Knapp Street Realty Corporation, Petitioner v. Wiscon- sin Insurance Plan, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin denied.

No. 84-283. Mark A. Seats, et ux.. Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 84-291. Everard C. Call, et ux.. Petitioners v. California Tahoe Regional Planning Agency. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 84-295. United Mexican States, Petitioner v. Erin Rayne Olsen, a minor by Patty Sheldon, maternal grandmother and guardian ad litem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-296. Briggs Transportation Company, Petitioner v. Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-297. Eddie A. Kirby, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-298. Lawrence A. Salibra, II, Petitioner v. Supreme Court of Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-303. S. William Green, et al.. Petitioners v. Santa Fe Indus-' tries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-304. James I. Grann, et al. , Petitioners v. City of Madison. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-305. Joseph P. Kelly, Petitioner v. Idaho. Petition for writ of certiorari to the Court of Appeals of Idaho denied. 124 MONDAY, OCTOBER 15, 1984

No, 84-306. Department of Revenue of Illinois, et al., Petitioners v. Continental Illinois National Bank and Trust Company of Chicago, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 84-308. William M. Paar, Petitioner u John P. Finnerty, Sheriff, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 84-309. Canton Textile Mills, Inc., and Gulf Insurance Company,

Petitioners v. Turner Lathem. Petition for writ of certiorari to the Su- preme Court of Georgia denied.

No. 84-313. Eleanor S. Simpson, Petitioner v. Donald M. Simpson. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 84-323. Leatherby Insurance Company, aka Western Employers

Insurance Company, Petitioner v. Merit Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 84-327. Walter Scott Finnell, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 84-383. Eddie Argitakos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-396. Kyle Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 84-419. Joseph Maleno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-423. Russell Damsky, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-5093. Nancy Walker, Petitioner v. Navajo-Hopi Indian Re- location Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5235. Joseph A. Krejci, Petitioner v. United States Army Ma- terial Development Command, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5300. Brenda G. Royster, Petitioner v. Ronald W. Adams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 15, 1984 125

No. 84-5309. Calvin Manning-El, Petitioner v. Donald W. Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-5315. Raymond Leach, Petitioner u Joseph H. Carrasquillo, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 84-5316. Willie Dean Bryant, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5318. Rudy Bell, Petitioner v. Richard DeRobertis, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 84-5324. Phillip Brown, Petitioner v. Lansome Newsome, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5327. Harold Atchison Young, Petitioner v. Kenneth DuCharme, Superintendent, Washington State Reformatory, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5335. Vincin Davis, Petitioner v. Mac Sim Butler, Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5347. Inocente Ruben-Morell, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 84-5361. Jesus F. Borja, Petitioner v. Territory of Guam. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5376. Joseph Herald, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-5387. John Albert Danielson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5388. John H. Knutti, Sr., et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-5402. Frederick Majestic, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 126 MONDAY, OCTOBER 15, 1984

No. 84-5403. Richard R. Parsons, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5404. William Walter Perry, Petitioner v. A.L. Lockhart, Di- rector, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5409. Willie B. Stevenson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5413. Larry Eugene McCollum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-5416. James Edward McFadden, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1517. Daniel J. McCarthy, Director, California Department of

Corrections and Paul J. Morris, Warden, Petitioners v. Daniel L. Bruno. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-2144. Samuel P. Garrison, Warden, et al., Petitioners v. James Hudson. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6898. Kenneth Wayne Campbell, Petitioner v. Tennessee. Pe- tition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5238. Timothy Wesley McCorquodale, Petitioner v. Ralph Kemp, Warden. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Bren- nan and Justice Marshall.

No. 84-5249. Walter Stewart, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6994. Robert D. Heiney, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. MONDAY, OCTOBER 15, 1984 127

No. 84-271. Illinois, et al., Petitioners v. Associated Milk Producers,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 84-294. Envirotech Corporation, et al., Petitioners v. Amstar Corporation. The motion of Simmons Fastener 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 Federal Circuit denied.

No. 84-5213. Rueben Pahner, Petitioner v. Richard DeRobertis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 84-5566. Earnest Knighton, Jr., Petitioner v. Louisiana. 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 United States Court of Appeals is denied. Justice Brennan and Justice Mar- shall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant the application for stay, the petition for writ of certiorari and vacate the death sentence in this case.

Habeas Corpus Denied

No. 84-5450. In Re Delano Benjamin Harris, Petitioner. The petition for writ of habeas corpus is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Robert Jay Axeh-od Edison, NJ Ronald Stuart Kolsky David Allen Bamette Charleston, WV Franklin Paul Chambers Joseph J. Benedict New Brunswick, Ronald Stuart NJ Kolsky Steven D. Benjamin Richmond, VA Linwood T. Wells Jr. Gwendolyn Ruth Bowers Dayton, OH Janice Lorraine Jessup 128 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Owen J. Bradley New Orleans, LA Sherman Fabian Raphael Alan K. Breaud Lafayette, LA Harmon F. Roy Sean Joseph Brennan Lincoln, NB Michael D. Gooch Patrick Kevin Brosnahan Babylon, NY Bernard Joseph Jr. Reilly H. Michael Brucker Oakland, CA Glen R. Grunewald William Ulick Burke Milwaukee, WI John Daniel Murray Leonard Paul Buscemi Washington, DC Joseph H. Koonz Jr. Jordan B, Cherrick St. Louis, MO John J. Cole Harold L. Collins West Covina, CA Charles Thomas Eye Paul Gene Craig Memphis, TN Richard W. Pierotti E. Martin Davidoff East Brunswick, Ronald Stuart NJ Kolsky Don L. Davis Austin, TX Jack D. Maroney II Mike Davis Austin, TX Bert W. Pluymen Harriet Elaine Derman Metuchen, NJ Ronald Stuart Kolsky Christopher R. Evans Honolulu, HI J. Leo McCormick Jr. Leonard J. Fredrick Franklin, NJ Ronald Stuart Kolsky Richard L. Goos Lincoln, NB Michael D. Gooch Martha V. Gordon Hopkinton, NH Martin L. Gross Murrey L. Grider Pocahontas, AR John Adam Burris James R. Haynes Washington, DC Lloyd N. Moore Jr. Scott Philip Helvie Lincoln, NB Michael D. Gooch Robin B. Johansen San Francisco, CA Robert D. Sack Dennis R. Keefe Lincoln, NB Michael D. Gooch Stanley Martin Kelton Paramount, CA Maurice F. O'Shea Thomas D. Kershaw Jr, Klamath Falls, Jack T. Lassiter OR MONDAY, OCTOBER 15, 1984 129

Applicant City and State Movant

Nelson R. Kieff Fairfax, VA Robert Fisher Gore James D. Kleiner New York, NY Robert Thomajan Linda J. Krieger San Francisco, CA Marsha Siegel Berzon Linton D. Lewis Jr. New Lexington, Albert Alan OH Mitchell Beverly E. Liftman New Brunswick, Ronald Stuart NJ Kolsky William Frank Lovelace Mesquite, TX EUand Archer Jim D. Lovett ClarksviUe, TX Robert Earl Richardson Jr. Raymond T. Majewski South Plainfield, Ronald Stuart NJ Kolsky William Taylor Marshall Little Rock, AR Thomas Byron Staley Robert James McDonald Jackson Heights, Harvey Norman NY Fertig Edward Z. Menkin Syracuse, NY John Joseph Brunetti Harold A. MiUer Perth Amboy, NJ Ronald Stuart Kolsky Raymond Louis Nagy Lawrenceville, NJ David Alan Saltman Jeffrey S. Parker New York, NY John Dickey James R. Pratt III Birmingham, AL Francis H. Hare Jr. Thomas William Reese St. Petersburg, Gardner Wise FL Beckett Jr. Lennard Bernard Register Live Oak, FL Jerry Michael III Blair Wayne Dale Robson Hemet, CA Charles Frederick Rosen Frederick Dominick Roselli South River, NJ Ronald Stuart Kolsky David W. Rosenberg Boston, MA Richard Lawrence Levine Kenneth Richard Somerville, NJ Ronald Stuart Rothschild Kolsky 130 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Leon Rudloff New Orleans, LA Allan Alexander Parr Steven Frederick Satz New Brunswick, Ronald Stuart NJ Kolsky Ralph M. Shiff Edison, NJ Robert B. Hendler Franklin Jay Siegel Miami, FL Karen A. Gievers Gus Theodore Siggelakis Cranbury, NJ C. Judson Hamlin Robert J. Smith Washington, DC Richard C. Hotvedt Jon Douglas Smock Sacramento, CA Willie Lewis Brown Jr. Ferris W. Stephens Montgomery, AL Charles Allen Graddick Carl W. Swanson New Brunswick, Ronald Stuart NJ Kolsky James A. Tarella New Brunswick, Ronald Stuart NJ Kolsky Edward C. Tischleder Minneapolis, MN Adrian E. Herbst Gregory L. Ulrich Harper Woods, Arthur J. Tamow MI Clark Waddoups Salt Lake City, Stephen G. UT Crockett Paul J. Wallace Evansville, IN F. Wesley Bowers Joel R. Weiner New Brunswick, Ronald Stuart NJ Kolsky oteve wnite Sacramento, CA Jonn K. Van de Kamp Paul TatsuyuM Yamamura Honolulu, HI Lee Tsuyoshi Nakamura RandaU Y. K„ Young Honolulu, HI Johnson H. Wong

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Leslie E. Brown Los Angeles, CA June Marie Jeffries Terry J. Martin Brown Los Angeles, CA June Marie Jeffries MONDAY, OCTOBER 15, 1984 131

Applicant City and State Movant

Bobbi Tillmon Mallory Los Angeles, CA June Marie Jeffries George L. Mallory Jr. Los Angeles, CA June Marie Jeffries John Dennis Taylor Huntington Elizabeth S. Beach, CA Bonfils Arlen H. Andelson Los Angeles, CA James Menard Christian David Patric Bowman Redondo Beach, Bernard S. Shoeps CA Annie Ruth Dozier Huntington Edwin Smiley Parenzan Beach, CA Kneedler Melbourne Robert Fenton Portland, OR Edwin Smiley Smith Kneedler James Stuart Kaplan New York, NY Kevin Joseph Plunkett Lex Allen Watson II Atlanta, GA Ferd Leary Davis Jr. Gary Hamilton Clemmons Raleigh, NC Ferd Leary Davis Jr. Jesse Thomas Cox Jr. Wilmington, NC Ferd Leary Davis Jr. Rhonda Hardy Ennis Lillington, NC Ferd Leary Davis Jr. Elizabeth Doggett Hickmon Raleigh, NC Ferd Leary Davis Jr. Roscoe Maurice Holland Jr. Clinton, NC Ferd Leary Davis Jr. John Lacy Kelly Lillington, NC Ferd Leary Davis Jr. Elaine Folk Marshall Dunn, NC Ferd Leary Davis Jr. Solomon Worley Marshall Raleigh, NC Ferd Leary Davis Jr. John Jerome Peck Jacksonville, NC Ferd Leary Davis Jr. Rudolf A. Renfer Jr. Raleigh, NC Ferd Leary Davis Jr. 132 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Richard Telfair Rodgers Buies Creek, NC Ferd Leary Davis Jr. H. Robert Showers Raleigh, NC Ferd Leary Davis Jr. Dwight Wesley Snow Dunn, NC Ferd Leary Davis Jr. Vernon Gilbert Snyder III Greenville, NC Ferd Leary Davis Jr. Thomas Philip Swaim Raleigh, NC Ferd Leary Davis Jr. Scott MacDonald Taylor Raleigh, NC Ferd Leary Davis Jr. Laura V. Becker-Lewke Trumbull, CT Kevin Joseph Plunkett Barrett Lee Brick Washington, DC Kevin Joseph Plunkett Donald J. Aibel New York, NY Kevin Joseph Plunkett John J. Aman Buffalo, NY Kevin Joseph Plunkett Andrew Baker Amerling Albany, NY Kevin Joseph Plunkett John Francis Artman Binghamton, NY Kevin Joseph Plunkett Jacquelyn M. Asnoe Frankfort, NY Kevin Joseph Plunkett Roger W. Avery Rochester, NY Kevin Joseph Plunkett Jay G. Baris New York, NY Kevin Joseph Plunkett Roland A. Baroni Jr. White Plains, NY Kevin Joseph Plunkett Cody Blake Bartlett Lyons, NY Kevin Joseph Plunkett Eli Burt Basch Kingston, NY Kevin Joseph Plunkett S. Paul Battaglia Syracuse, NY Kevin Joseph Plunkett MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Thomas Augustus Beck New York, NY Kevin Joseph Plunkett Peter Michael Bellsey New York, NY Kevin Joseph Plunkett Christopher Alan Benson New York, NY Kevin Joseph Plunkett William R. Biersack Fishkill, NY Kevin Joseph Plunkett William Nathan Binderman New York, NY Kevin Joseph Plunkett Donald Richard Smithtown, NY Kevin Joseph Blydenburgh Plunkett Peter H. Bouman Binghamton, NY Kevin Joseph Plunkett Benet Eugene Bridgeman Mineola, NY Kevin Joseph Jr. Plunkett

" William I. Broder Oyster Bay, NY Kevin Joseph Plunkett Donald D. Brown Jr. Fishkill, NY Kevin Joseph Plunkett Teresa Louise Bulman New York, NY Kevin Joseph Plunkett Lois Adele Burke New York, NY Kevin Joseph Plunkett George J. Calcagnini Mount Kisco, NY Kevin Joseph Plunkett Joseph Doomit Caldwell New Hartford, Kevin Joseph NY Plunkett Paul M. Callahan Schenectady, NY Kevin Joseph Plunkett Richard J. Cea Brooklyn, NY Kevin Joseph Plunkett Michael George Chalos New York, NY Kevin Joseph Plunkett Eva Yulan Chan New York, NY Kevin Joseph Plunkett Eugene F. Clerkin White Plains, NY Kevin Joseph Plunkett 134 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Victor v^onen IN eW 1 OxK, IN 1 xvevm d osepn

XPlnnli-attlUllJ\.Ctt

DUIIalO, IN I jvevui d osepn Plnnkptt otcveii ivi. v^oren IN cW 1 OrK, xS 1 xvcVui d osepn

XPlnnkpttllXXXIVCwu

"William TT* Pncfolln INMaweW Vnrlf1 OiK, INMY1 xvevm d osepn Phinkptt jonn josepn wriniiiiLns iii xvcviii d osepn Plnnkptt nenry xioDert L/eutscii rwocKvuie vêntre, xsêvin d osepn MY XPlnnkpttlUIlACtt oEziiuei A» jjispenza jr. jcxocnester, in i xvevin d osepn Plnnkptt vâri Li. JJlStcIallO INMaweW Ynrlf1 OxK, INMY1 xvevin d osepn Plnnkptt

D."R V^aTOipQ-rnl "HilVToirkJJliVlalO INMaweW Ynrlr1 OPK, MYIN 1 jvevm d osepn

xPlnnkattitLiliv.ctt

1—^i«o>*rt Ti Til li^QT*/**^ ijcraTa u. jjiiviarco Xvocnester, in i xvevm d osepn XPlnnkattitullvctt

JJalllcl lYlaTK JJUVlaLLcO UaKneiU,HsjlrfialH INMYI j\.e vin d osepn

XPlnnkpttILlillVCtt niciiara ivi. jji v aierio urciiara i otk, in i lie vm d osepn XPlnnkattlUILK,ctt Yrtylr Anurew j onii jjononue INMaiifeW 1 OiK, INMY1 iv.evin J osepn XPlnnkpttitUlACtt

Jallies JL acricK jjoouy iiastcnester, in i ivevm d osepn XPlnnkattILulACtt

JTncfitiUS tin Hi.IT "nyic/inlljjriscou iiiTTT INMa^irew YnvlrI orK, INMY1 iievin d osepn XPlnnlrattiUILKett

^ I ^ Vl /NTV^ n O \T Til 1 1 1 1^ AlVkonir MY i noinas in . jjuiin iiiDany, in i Kevin Joseph XPlnnkattILulActt Joseph Mansour Elhilow jDrooKiyn, NY Kevin Joseph Plunkett Eli Esses New York, NY Kevin Joseph Plunkett Timothy J, Korzun Trenton, NJ Kevin Joseph Plunkett ,

MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

James W. Fagan Manhasset, NY Kevin Joseph Plunkett W. Patrick Falvey Penn Yan, NY Kevin Joseph Plunkett Charles Thomas Fee Jr. New York, NY Kevin Joseph Plunkett Demiis B. Feld Brooklyn, NY Kevin Joseph Plunkett Howard A. Feldman New York, NY Kevin Joseph Plunkett Sammy Feldman Rochester, NY Kevin Joseph Plunkett Robert L. Fellows New City, NY Kevin Joseph Plunkett Albert Feuer New York, NY Kevin Joseph Plunkett Linda Anne Findlay Saint James, NY Kevin Joseph Plunkett Jonathan Roy Frank New York, NY Kevin Joseph Plunkett Sol Freedman New York, NY Kevin Joseph Plunkett Samuel S. Friedman New York, NY Kevin Joseph Plunkett Rudolph H. Funke New York, NY Kevin Joseph Plunkett Wayne Anthony Gavioli Blauvelt, NY Kevin Joseph Plunkett Paul Joseph Gengo Forest HiUs, NY Kevin Joseph Plunkett Ralph Gerstein Huntington, NY Kevin Joseph Plunkett John W. Gibbon II Lyons, NY Kevin Joseph Plunkett Raymond W. Goldfaden New York, NY Kevin Joseph Plunkett

Donald Stuart Goldrich Washingtonville Kevin Joseph NY Plunkett 136 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Thomas P. Goodwin Watertown, NY Kevin Joseph Plunkett Kevin Patrick Groarke New York, NY Kevin Joseph Plunkett G. Michael Grow Ontario, NY Kevin Joseph Plunkett Waiter J. Gumersell III Rockville Centre, Kevin Joseph NY Plunkett Ruth M. Gursky Queens, NY Kevin Joseph Plunkett Mark Ernest Hallenbeck Gloversville, NY Kevin Joseph Plunkett Thomas B. Hayner Schenectady, NY Kevin Joseph Plunkett Alice Hoenig Herb New York, NY Kevin Joseph Plunkett Lorance Hockert New York, NY Kevin Joseph Plunkett H. William Hodges III Baldwin, NY Kevin Joseph Plunkett Nathan Horowitz White Plains, NY Kevin Joseph Plunkett Richard E. Hurley Scotia, NY Kevin Joseph Plunkett Martin S. Hyman New York NY Kevin Joseoh Plunkett Jay B. Itkowitz New York, NY Kevin Joseph Plunkett Barrv S. Jacobson Brooklyn. NY Kevin Joseph Plunkett Charles JosGDh Janoff Garden Citv Kevin Joseoh South, NY Plunkett ivxcu till J. « u uiiiiouii xvcviii J Uocpii Plunkett Stephen Alan Johnston Pittsburgh, NY Kevin Joseph Plunkett Ronald Kadin Syosset, NY Kevin Joseph Plunkett MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Arthur C. Kaminsky New York, NY Kevin Joseph Plunkett Roy Joseph Karlin New York, NY Kevin Joseph Plimkett Kevin M. Kearney Brooklyn, NY Kevin Joseph Plunkett Dennis Michael Kehoe Lyons, NY Kevin Joseph Plunkett Frederick W. Killeen Schenectady, NY Kevin Joseph Plunkett Wanda Borges New York, NY Kevin Joseph Kiratzopoulos Plunkett Mary M. Korth Mount Kisco, NY Kevin Joseph Plunkett Theodore J. Koss Jr. New York, NY Kevin Joseph Plunkett Paul A. Krez Great Neck, NY Kevin Joseph Plunkett Andrew Harris Kulak New York, NY Kevin Joseph Plunkett Thomas Dongho Lee New York, NY Kevin Joseph Plunkett Reynold Hans Lewke Trumbull, CT Kevin Joseph Plunkett Richard M. Omitz Greenwich, CT Kevin Joseph Plunkett Richard Isaac Miller Lexington, MA Kevin Joseph Plunkett James D. McDonald Montclair, NJ Kevin Joseph Plunkett Fay Leoussis New York, NY Kevin Joseph Plunkett Mark Leonard LiPVPrison Brooklvn NY Kevin Joseph Plunkptt M. Joseph Levin New York, NY Kevin Joseph Plunkett Alan Ronald Lewis Newburgh, NY Kevin Joseph Plunkett 138 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Richard C. Lewis Endicott, NY Kevin Joseph Plunkett Alan David Lichtenstein Mount Kisco, NY Kevin Joseph Plunkett Maria Chee Huen Lin New York, NY Kevin Joseph Plunkett Lawrence Mester Linden New York, NY Kevin Joseph Plunkett Ronald A. Longo White Plains, NY Kevin Joseph Plunkett Guide Alfonso Loyola Schenectady, NY Kevin Joseph Plunkett Douglas J. Lustig Rochester, NY Kevin Joseph Plunkett Robert J. Lynch New York, NY Kevin Joseph Plunkett Charles H. Ljmch Jr. Auburn, NY Kevin Joseph Plunkett Steven E. Malone Rochester, NY Kevin Joseph Plunkett John T. Maloney Albany, NY Kevin Joseph Plunkett M. Kathleen Manley Ilion, NY Kevin Joseph Plunkett Valerie S. Manzo Brooklyn, NY Kevin Joseph Plunkett Mathew J. Mari New York, NY Kevin Joseph Plunkett Robert K. Marzik New York, NY Kevin Joseph Plunkett James Anthony Meggesto Syracuse, NY Kevin Joseph Plunkett Craig Fred Meltzer Smithtown, NY Kevin Joseph Plunkett Robert L. Mendes New York, NY Kevin Joseph Plunkett Richard W. Mertens Binghamton, NY Kevin Joseph Plunkett MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

AlbanvXXXXxCltXXJr ^ NYXIX X^WTCpvinV IXA JospnhV^OWk^iX Plunkett

Zola K Mills BronxvilleXXX VXXX-cV T XaXV^ • NYXIX XXWKevinT XXX Josenh%M V/hJXa^ LXaX Plunkett

Tsahpl Miranda-Mazziicea. NewX 1 \^ VT YorkAi V./X XX^ NYXI X Kevin Jospnh Plunkett Hilarv MirrGr New York NY Kevin Josenh Plunkett

Charles P Morrow PouffhkeeDsie XXWKevinT XXX JosenhXj w ftXXX NY Plunkett

Roberta MospIpv PhilmontX XXXXXXXV/XXw^ NYXI X XXWKevinV XIX %3JospnhVyO^L/XX Plunkett

Alfred Richard Mosiello XNew^ w V* YorkX wX NYXIX XXWKevinT XXX VJosenhv/o^^kyxx Plunkett

MiriamXrXXX XCUXX XTX«M XlWvvWXNetter DelmarXiX^XXXXCiiX y NYX 1 X KevinXXW V ixx VJosenh\^o^ kyxx Plunkett

David B Newman New York NY "KevinX^W T XAX fjJosenhVXWVi^kyX* Plunkett

Roffer Warren Noble NewX 1 \^ Tv YorkA \XX Xâ NYXT X XXWKevinT XXX Josenhfj VÔVÎXXX Plunkett

Xw\/O^XXXC*XRosGmarieXw W^illiamsTT III ICXXXXJ XINolanwXClrXX XXHuntinUXX VXXXgdLonv\xXX^ XTNYX XXWKevinV XXX VJosenhV^O^ K^XX Plunkett

VJamescuxx^o PatrickX cbux xvxv O^Rtiptix^x x^xx Rinp"harntoTiX./XXlgXXCLXXX w^Xi^ NYXi X XXwKevinV XXX K3.Tospnh\^O^kyXX Plunkett

StewartAki^VV^ ? v«X w DXX • O'BrienXXX xwxx NewX T ^ TT YorkX WX XV ^ NYXT X xx^KevinT XXX Josenhc/ r^^^ Plunkett

Alice T O'Rourke New York NY XXWKevin» XXX Josenhtf vyo^k^xx Plunkett

Barbara S Odwak OuppriS NY XX^KevinV XXX JosenhVyOWk/XX Plunkett

Gloria Walker Ott T,o<^nst VflllpvV CllXC Kpvin .Tospnh XJ\JV«UOu Y ^ NY Plunkett

vvajllc iVliCIlctcl \jLiA. xVcVill UUocpil Plunkett Robert S. Perskin New York, NY Kevin Joseph Plunkett David Samuel Pollack Great Neck, NY Kevin Joseph Plunkett 140 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Marian Polovy New York, NY Kevin Joseph Plunkett Frederick Jon Pomerantz New York, NY Kevin Joseph Plunkett Jonathan Ira Price New York, NY Kevin Joseph Plunkett Daren Anthony Rathkopf Cold Spring Kevin Joseph Harbor, NY Plunkett James K. Riley Pearl River, NY Kevin Joseph Plunkett Richard S. Ringwood Endwell, NY Kevin Joseph Plunkett Richard Mark Sbaratta Bogota, NJ Kevin Joseph Plunkett Cathy Gurowitz Waxenberg Englewood Cliffs, Kevin Joseph NJ Plunkett Gary Wm. Rood Fairport, NY Kevin Joseph Plunkett Pamela V. Rubin Chappaqua, NY Kevin Joseph Plunkett Patricia B. Ryan Waccabuc, NY Kevin Joseph Plunkett Robert D. Ryan Waccabuc, NY Kevin Joseph Plunkett

TiPilcp X^CTCpvinV Xll uV^OCL/il.To^PTiVi R nn ]cmn Irnm n Plimkptt

NYX^ X Whitp Plains NY TCpvin .TociPr>Vi Phmkptt Npw York NY TTpvin To«tPr>Vi Plunkett RipViatH 1^ SpVilp'i'fpT New York NY TCpvin .ToQP'nh Plnnkptt

iVldJoIldll OCIlIIiClZCX Mpw York NY x\.cViil JUocpIl Plunkett Sidney Schneider Brooklyn, NY Kevin Joseph Plunkett Thomas E. Schofield Buffalo, NY Kevin Joseph Plunkett A A

MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Rnhprt Michael Shafer Tullv NY KevinXJWV^ T AAA Josenhfj \JU\^ kj L± Plunkett Allen B Shavo Pouchkeensie Kevin Josenh NY Plunkett

WiUiam E Sherwood Stonv Point NY X^WKevinT AXA JosenhKJ \J*J\^ KJXX Plunkett

C Donald Shlimbaum IsHd NY X.^\^KevinT AAA C/JosenhVykJv^kyAA Plunkett

Ljark Judv ShHrnbaiirn IsHdXwXLL/^ NYXi X X^WKevinT AAA WJoserjh\^w\^ r'^^ Plunkett

ErwinTT AAA JKJ • Shustakk^AA W vvA^ XNew1 \^ TT YorkXi WX AX« NYXI ^ X^V^KevinT AAA Josenhv^rkJ^LyXA Plunkett

AwV&WkJWAARussell KennethX^ViÂAAAW wAA kÂSieêlVi/ £^ W NewX 1 \^ Tt York^ wX Ax^ NYXI -X X^WKevinT AAA Josenhvj LyAA Plunkett

DonaldA^ VAAVIiAVA N^ 1 • Silvermank^XA T \^JL AAAfc*A WhiteT T AXXW\^ PlainsX AfcXA* AkJ • NYX i J. XXkWKevinT AAA VJosenhV/WNa^k/AA Plunkett

RobertMwK^ KJXmf^ w T • kw/A-AAAAASinunelkiaei"AV^ AA^ 1 Ci4V^X NewX 1 TT YorkX VyX AX^ NYXI ^ X^wKevinT AAA Josenhxj V/W w f-'H Plunkett

Michael Puller SJirionano SouthkJV.fL4.wlA SalemkJAA^lAA^ NYXi X X^^KevinV XXX KtJosenhVyO^ kyll Plunkett

Peter Karl Smith Johnstown NY X^^KevinV XXX UJnsenhV^OW L/IX Plunkett

Thomas^ AAVyAAACfcfcJ JohnfJ wAAAA SniderhkM/AAXV4WX XTXCWjlJ^AACfc^Massena XTNYX KevinT AAA JosenhKj V/WX.^ r^^^ Plunkett

John M Snellman Mineola NY X^WKevinV XXX %JJosenh\^0^ Plunkett

XrXXMitchellwVg^AAWXL HXX* t^L/XiAdrWSninac NewX 1 ^ W YorkX VyX AX NYX T X X^WKevinV XXX VJosenh\^OW k/AA J Plunkett

Elaine Jackson Stack XJCIrWVEast XXHillsAlAW NYXt X xxwKeviny XXX uJovSenhvjo^ ki/ii J Plunkett

Paul F Stavis AlbanyxXXk/Cili V ^ NYXT X XXWKevinV XXX %JJosenh\J^^\JXX Plunkett X aUl Xvclulctll OtcLAcr "Rnffuln "MY xVcVill JUocpil Plunkett Dorothy L. Steele Staten Island, NY Kevin Joseph Plunkett Edwin A. Steinberg New York, NY Kevin Joseph Plunkett 142 MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Paul Anthonv Steve Albany, NY Keyin Joseoh Plunkett Michael T. Sucher Brooklyn, NY Keyin Joseph Plunkett Clarence J. Sundram Albany, NY Keyin Joseph Plunkett Carl H. Sword New York, NY Keyin Joseph Plunkett

John J Toomev Jr St.Ik^W* JamesVMAAAWkJ* NY^1 ^ X^WKeyinV AAA JosenhV V)/WVr^AA Plunkett Jonah Ignatius Triebwasser Red Hook, NY Keyin Joseph Plunkett Philip B. Trost New York, NY Keyin Joseph Plunkett Georeria Anne Tschiember Riverhead, NY Keyin Joseph Plunkett Lenore W. Tucker New York, NY Keyin Joseph Plunkett

Ravmond Leonard New York NY KeyinX^W T AAA JosenhC/ wWX^fa/AA Vandenberg Plunkett Anthony J. Villani Lyons, NY Keyin Joseph Plunkett George J. Villiere Old Forge, NY Keyin Joseph Plunkett

Jav Weinstein Woodmerer T V/V/VAAAAW.A X 1 ^ Kevin Josenh M w ^ NY Plunkett Edward Seth Weltman New York NY Kevin Josenh Plunkett

HarrisonA-XCAiA X AWV^AA VT •TWilliamsT AA AAC4A AA fcj JrX • Syracuse NY KevinXAkWr T AAA JosenhC/ V/k?W f>/AA Plunkett

AiJLaurieV* ^A AW E • Williamsonr T 1 1 AA V

John A Williamson Jr AlbanyA A.AIk/v«AA T y NYX 1 ^ KevinX^W v XAA JosenhV vwV^hyAA Plunkett

Npw Ynrk NY xvcviii «j Uocpii Plunkett Richard C. Wunder Lyons, NY Kevin Joseph Plunkett MONDAY, OCTOBER 15, 1984

Applicant City and State Movant

Walter P. Zulkoski Elmsford, NY Kevin Joseph Plunkett

Adjourned until Monday, October 29, 1984. I

I (JOURNAL) MONDAY, OCTOBER 29, 1984 145 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-6904. Mark Steven Collier, Appellant v. Texas. Appeal from the Court of Appeals of Texas, Third Supreme Judicial District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-319. Allan Falk, Appellant v. State Bar of Michigan. Appeal from the Supreme Court of Michigan. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-408. Clear-View Cable T. V., Inc., Appellant v. Town of Nar- rows. Appeal from the Supreme Court of Virginia. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5379. Raymond L. Medlin, Appellant v. James T. Poulson, et ux., et al. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5380. Frank A. Summa, Appellant v. James Hasson, et al. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-131. Intake Water Company, Appellant v. Yellowstone River

Compact Conmiission, et al. Appeal from the United States District Court for the District of Montana. The appeal is dismissed for want of jurisdiction. No. 84-196. Rosemary Furman, dba Northside Secretarial Service,

Appellant v. The Florida Bar. Appeal from the Supreme Court of Flor- ida. The appeal is dismissed for want of a substantial federal question. 1 146 MONDAY, OCTOBER 29, 1984 |

No. 84-342. Fireside Chrysler-Plymouth, Mazda, Inc., et al., Appel- { lants u Jim Edgar, Secretary of State of Illinois, et al. Appeal from the ' Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question.

Noo 84-361. David E. Kempner, Appellant v. Dearborn Local 2077, City of Dearborn Supervisory, Technical and Professional Employees, AFSCME, AFL-CIO, et al. Appeal from the Court of Appeals of Mich- igan. The appeal is dismissed for want of a substantial federal question.

No. 84-5421. Leo Thompson, Appellant v. Arkansas Social Services. Appeal from the Supreme Court of Arkansas. The appeal is dismissed for want of a substantial federal question.

No. 84-315. Leonard G. Leverson, Appellant v. William H. Conway, Commissioner, Vermont Department of Motor Vehicles. Appeal from the Supreme Court of Vermont. The appeal is dismissed for want of a substantial federal question. Justice White, Justice Blackmun and Jus- tice Stevens would note probable jurisdiction and set the case for oral argument.

Certiorari—Summary Disposition

No. 83-2082. Michael Alan Crooker, Petitioner v. United States Pa- role Commission. On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of the SoHcitor General's present interpretation of Fed.

R. Crim. P. 32 asserted in his brief filed October 3, 1984, on behalf of the Parole Commission.

No. 84-346. Barry Mintzes, Warden, Petitioner v. Roy Wilson. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Strickland v. Washington, 466 U. S. (1984).

Orders in Pending Cases

No. . Transit Casualty Company, Petitioner v. David A. Camp.

The motion to direct the Clerk to file a petition for writ of certiorari, out-of-time, is denied. MONDAY, OCTOBER 29, 1984 147

No. . Jerome Wakefield, Petitioner v. Gary J. Hilton, et al. The motion to direct the Clerk to file the petition for writ of certiorari, out- of-time, is denied.

No. . James E. Yacabucci, Petitioner v. Santa Yacabucci. The motion to direct the Clerk to file the petition for writ of certiorari, out- of-time, is denied.

No. A-1. Roosevelt T. Becton, Jr., Applicant v. United States. The application for bail pending appeal addressed to Justice Brennan and referred to the Court is denied.

No. A-215. Rainsford J. Winslow, et ux.. Applicants v. Marvin W. Foote, Judge. The appHcation for stay and order to show cause addressed to Justice Blackmun and referred to the Court is denied. No. A-316. Carlos Romero Barcelo, Governor of Puerto Rico, Appli- cant V. Miguel A. Hernandez Agosto, President of Puerto Rico Senate. The application to stay issuance of the writ of mandamus granted by the United States Court of Appeals for the First Circuit presented to Jus- tice Rehnquist and by him referred to the Court is denied.

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The motion of Alabama for divided argument is granted. Justice Marshall took no part in the consideration or decision of this motion. No. D-446. In the Matter of Disbarment of David Lee Winner. David Lee Winner, of Wooster, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on September 18, 1984, is hereby discharged.

No. 82-1260. Copperweld Corporation, et al., Petitioners v. Inde- pendence Tube Corporation. The motion of respondent for Court to enter order providing for nonretroactive application of judgment and other relief is denied. Justice White took no part in the consideration or decision of this motion. No. 83-1329. Joseph Ponte, Superintendent, Massachusetts Correc- tional Institution, Walpole., Petitioner v. John Real. The motion of respondent for leave to proceed further herein in forma pauperis is granted. No. 83-1894. Pattern Makers' League of North America, AFL-CIO,

et al.. Petitioners v. National Labor Relations Board, et al. The motion of the parties to dispense with printing the joint appendix is granted. 148 MONDAY, OCTOBER 29, 1984

No. 83-2165. Pamela D. Jones and Jennifer L. Dodge, etc., Petition- ers V. Michael Petit, Commissioner, Maine Department of Human Serv- ices. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-231. Alvin D. Hooper and Mary N. Hooper, Appellants v. Bernalillo County Assessor. The motion of the parties to dispense with printing the joint appendix is granted.

No. 84-5004. Truman Lewis Ball, Petitioner v. United States. The motion for appointment of counsel is granted and it is ordered that Jo S. Widener, Esq., of Bristol, Virginia, is appointed to serve as counsel for the petitioner in this case.

No. 84-5495. Judy S. Weems, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until November 19, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Appeals—Jurisdiction Noted

No. 84-325. Metropolitan Life Insurance Company, Appellant v. Commonwealth of Massachusetts; and

No. 84-356. Travelers Insurance Company, Appellant v. Common- wealth of Massachusetts. Appeals from the Supreme Judicial Court of Massachusetts. In these cases probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 83-2136. Connecticut, Department of Income Maintenance, Peti- tioner V. Margaret M. Heckler, Secretary, Department of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-2143. Tennessee, Petitioner v. Harvey J. Street. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, East- em District, granted.

No. 84-55. Employers National Insurance Company, Petitioner v. Jorge Ochoa. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. MONDAY, OCTOBER 29, 1984 149

No. 84-194. United States, Petitioner v. Louise Shearer, Indi- vidually and as Administratrix for the Estate of Vernon Shearer, De- ceased. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit granted.

No. 84-261. Commodity Futures Trading Commission, Petitioner v. Gary Weintraub, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 84-312. Donald J. Devine, Director, Office of Personnel Manage- ment, Petitioner v. NAACP Legal Defense and Educational Fund, Inc., et al. The motion of United Black Fund of America, 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 Cir- cuit granted. Justice Marshall took no part in the consideration or decision of this motion and this petition.

No. 84-335. John N. Mitchell, Petitioner v. Keith Forsyth. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Justice Rehnquist took no part in the consideration or decision of this petition.

No. 84-5059. Patrick Ramirez, Petitioner v. Indiana. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Court of Appeals of Indiana granted.

No. 84-5108. Frank Liparota, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

Certiorari Denied

No. 83-1702. Charleston Town Center Parking, et al.. Petitioners v. Tri-State Steel Erectors, Inc. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 83-1754. Paulette Thompson Massey, Petitioner v. Emergency

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

No. 83-2022. Larry E. Gribble, Petitioner v. James W. Buckner, Judge, General Sessions Court of Rutherford County, Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-2057. Herman G. Martin, Petitioner u California. Petition for writ of certiorari to the Supreme Court of California denied. 150 MONDAY, OCTOBER 29, 1984

No. 83-2062. Herman G. Martin, Petitioner v, California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-2083. Robert Lyons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2114. Robert D. Kearney, Petitioner v. Warren Ehrichs, et

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

No. 83-2117. American Trucking Associations, Inc., et al., Petition-

ers V. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6407. Virgil Robinson, Petitioner v. Michael P. Lane, Direc- tor, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6540. Frank Roy Brewer, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 83-6786. Richard Mills, Petitioner u South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-6798. Glen Wayne Gary, Petitioner v, California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-6815. Frank E. Sherer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No, 83-6838. Dennis James Paulson, Petitioner v. James Black, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6840. John Shannon, Sr., Petitioner v. Richard W. DeRo-

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

No. 83-6852. David White, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6917. Diane Bostone, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. MONDAY, OCTOBER 29, 1984 151

No. 83-6918. Giles Edward Chapman, Petitioner v. Michael H.

Musich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 83-6966. Daniel 0, Mackey, Petitioner u Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-7006. Everett Carl White Lance, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-7019. Dennis Mehnuka, Petitioner v, George Wellborn, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-7029. Jack Rose, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 84-62. Atlas Machine & Iron Works, Inc., Petitioner v. Tennes- see Valley Authority. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-74. William R. Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 84-170. Impro Products, Inc., Petitioner v. John R. Block, Secretary of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 84-193. Jo-Anne F. Wolfson, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-210. W. P. McDonald, Petitioner u Braniff Airways, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-217. Intermountain Rural Electric Association, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-225. Richard Malizia, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-270. Lawrence L. Ghidoni, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 152 MONDAY, OCTOBER 29, 1984

No. 84-273. Joseph H. Ridge, Eunice Ross, Ralph H. Smith, Jr. and J. Warren Watson, Petitoners u State Employees' Retirement Board of Pennsylvania, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 84-281. Schulist Farms, Inc., et al.. Petitioners v. ITT Consumer Finance Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-314. Anthony F. Gigiio, Petitioner u John P. Dunn, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-317. Robert Gregory Wright, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-330. Gaynor-Stafford Industries, Inc., Petitioner v. Water

Pollution Control Authority of the Town of Stafford, et al. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 84-334. Peat, Marwick, Mitchell & Co., Petitioner u Peter Mo- sesian. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 84-341. Richard L. Rosenfeld, Petitioner u Arthur Cohn and Michael Arthur Film Productions. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-343. James C. Gabriel, Petitioner v. Interstate Commerce Commission and United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-344. Darlene Youngs, Petitioner v. Broome County Depart- ment of Social Services, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 84-345. Sarah Barker, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 84-350. Independent School District No. 196, Rosemount-Apple Valley, Minnesota, et al.. Petitioners u Lynne B. Cybyske. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 84-353. Edward W. W. Howell, dba Howell Electric Company, Petitioner u State Board of Equalization of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-354. Alphonz Lengyel, Petitioner v. Board of Regents of

Northern Kentucky University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 29, 1984 153

No. 84-359. Cyril E. Sagan, Petitioner v. John A. Harvey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-369. Curtis D. Leak, Petitioner v. St. Joseph Hospital of Jo- liet, et ai. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-370. Sharon White, Petitioner v. Thomas Vathally, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-373. Juan Corchado Juarbe, etc., Petitioner v. Francisco Aponte Perez, etc., et al. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.

No. 84-375. Jack M. Levin, Petitioner v. Registration and Disci- plinary Commission of Illinois. Petition for writ of certiorari to the Su- preme Court of Illinois denied.

No. 84-381. Seaflite, Incorporated, Petitioner v. Director, Depart- ment of Transportation of Hawaii, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 84-394. Gordon M. Kenngott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-398. Mary Ellen Kimble, Petitioner v. Worth County R-III Board of Education. Petition for writ of certiorari to the Court of Ap- peals of Missouri, Western District, denied. No. 84-399. Gerard 0. Breath, Individually, dba The Roach Coach, etc.. Petitioner v. Alwynn J. Cronvich, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-422. Richard Palumbo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-424. George L. Karapinka, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-434. Christos Potamitis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-448. Javier M. Vilato, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 154 MONDAY, OCTOBER 29, 1984

No. 84-462. Joseph Baiter, Assistant Public Defender of Monroe

County, Petitioner v. John M. Regan, etc. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-487. Lumber and Mill Employers Association, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5013. Charles Perkins, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5057. Betty J. Bethea, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5120. Bernard D. Byers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-5126. Frank E. Forrester, Petitioner u Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5157. Jack T. Morgan, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5167. Donald Gene Booth, Petitioner v. United States; and

No. 84-5176. Stephen Michael Kessler, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5204. Patricia A. Flynn, Petitioner v. Eldon F. Barker, Peti- tion for writ of certiorari to the Court of Appeals of Indiana denied.

No. 84-5245. Darryl King, Petitioner v. Philip Coombe, Jr., Super- intendent, Eastern Correctional Facility, Napanoch, New York. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5331. Billy Martin, Petitioner v, Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 84-5338. Claude Frizzell Bloodgood, III, Petitioner v. David A.

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

No. 84-5342. Charlotte R. Hurd, Petitioner v. Walter J. Hurd. Peti- tion for writ of certiorari to the Supreme Court of California denied. MONDAY, OCTOBER 29, 1984 155

No. 84-5353. Nathaniel Paxton, Petitioner v. Robert P. Jarvis, Sher-

iff, DeKalb County. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5354. Jerry Lewis Thomas, Petitioner v. John Brown, War-

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

No. 84-5356. Dolores Novel, Petitioner v. Beacon Operating Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5357. Michael Ray Friend, Petitioner v. John D. Rees, Super- intendent, Kentucky State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5359, Tyrone Hall, Petitioner v. Chessie Systems, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5360. Betty Anne Jeske, Petitioner v. City of Milwaukee, et

al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 84-5366. Clarence R. Hayes, Petitioner v. Brotherhood of Rail- way and Airline Clerks, Allied Services Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5368. Jerald Clarence Cunningham, Petitioner v. Nevada. Pe- tition for writ of certiorari to the Supreme Court of Nevada denied.

No. 84-5384. Roy Lee Morgan, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No, 84-5385. Bernard D. Ryan, Petitioner v. Barry Lee Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5386, Decozie E. Evans, Petitioner v. Elzie L. Evans. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5392. Jessie Trujillo, Petitioner v. Harvey Winans, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5394. Walter Franklin Saulsberry, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition 156 MONDAY, OCTOBER 29, 1984 for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5395. Paul L. Nally, Petitioners. Frank Stephens, etc., et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 84-5400. Carl Perry, Petitioner v. Paul Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5405. Robert Lee Brown, Petitioner u C. A. Nail, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5415. Albert H. Carter, Petitioner v. Department of the Air

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

No. 84-5427. Jackson T. Ellerbe, Petitioner u United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5429. Huel Locklear, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5431. Damon Dukes, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 84-5434. Gary Neil, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 84-5437. John Peeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5438. Stephen Pearson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5445. Walter Woe, by his Mother and Guardian, Wilma Woe,

Petitioner v. Mario Cuomo, Governor of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5447. Edgar J. Spear, Jr., Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, OCTOBER 29, 1984 157

No. 84-5453. John H. Patterson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-5460. Anthony Bain, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5465. Dale B. Korkowski, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5471. Stephen Wayne Ramsey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5475. James Henry Fuller, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5478. David Thomas Walsh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5483. Hugh Mcintosh, Petitioners United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5508. Frank Wayne Daniel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5509. Richard Jefferson Beaty, Petitioner v. Ernest Patton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5512. Jerry Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1643. Ira Eugene Borchardt, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. No. 83-2139. John D. Rockefeller, IV, Individually and as Governor of West Virginia, Petitioner v, John M. Bever, et al.; and

No. 84-25. Walter Gilbertson and Charles L. Miller, Petitioners v.

John M. Bever, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Black- 158 MONDAY, OCTOBER 29, 1984 mun and Justice Powell would grant certiorari. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 83-6759. Betty Moran, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 83-6807. Gary Eldon Alvord, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6851. Rosemary Cox, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. Justice Marshall would grant certiorari.

No. 83-6919. 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. 83-6946. Richard F. Stoyko, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5045. Roger Collins, Petitioner v, Robert Francis, Warden. 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. 84-5170. 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. 84-5175. 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. 84-5180. Marion Albert Pruett, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 84-5205. Juan Caballaro, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5298. Carl Eugene Kelly, 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, OCTOBER 29, 1984 159

No. 84-5334. Anson Avery Maynard, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5349. Ronald Eugene Rickman, Petitioner v. Tennessee. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Ten- nessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5351. Karu Gene White, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6943. Warren A. Wilkes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice WTiite. Justice Blackmun would grant certiorari and summarily affirm the judgment of the Court of Appeals.

No. 84-6. Sailor J. Kennedy, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White, joined by Justice Brennan, dissenting from the denial of certiorari: Because the decision of the Court of Ap- peals in this case coniiicts with the decision of the Court of Appeals for the First Circuit in United States v. Canus, 595 F. 2d 73 (1979), I would grant certiorari. No. 84-265. California, Petitioner u Lee Edward Harris. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 84-290. Ortho Pharmaceutical Corporation, Petitioner v. Carol Lynn Wooderson. The motion of Pharmaceutical Manufacturers Associ-

ation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Kansas denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-331. Dorothy Enright, etc., et al.. Petitioners v. Board of

School Directors of the City of Milwaukee, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. Justice White and Justice O'Connor would deny the petition for writ of certiorari for want of jurisdiction. No. 84-365. Esther Garcia Manas Perez, Administratrix of the Es- tate of Rosa Maria Manas Y Pineiro, Deceased, Petitioner v. Chase Manhattan Bank, N. A. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Blackmun would grant certiorari. MONDAY, OCTOBER 29, 1984

No. 84-382. James N. Fleming, Petitioner u W. Bedford Moore, III. |

' The motion of respondent for award of attorney's fees is denied. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. Jus- tice Powell took no part in the consideration or decision of this motion

\ and this petition. jj No. 84-5247. James David Raulerson, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. The petition for a writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit is denied. Justice Brennan, dissenting: Adhering to my ji view that the death penalty is in all circumstances cruel and unusual f punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case. Dissenting opinion by Jus-

tice Marshall. I

' No. 84-5350. Frederick Maxwell, Petitioner v. Pennsylvania, Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- em District, denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-5362. Alan Humphrey, Petitioner v. Southern Continental Bell Telephone Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-5377. Theresa Mulqueen Skeeter, Petitioner v. City of Suf- folk, Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in j the consideration or decision of this petition. | No. 84-5648. Thomas A. Barefoot, Petitioner v. Rayinond K. Pro- 1 cunier, Director, Texas Department of Corrections. The application for I stay of execution of sentence of death presented to Justice White and I by him referred to the Court is denied. The petition for a writ of certio- 1 rari to the United States Court of Appeals for the Fifth Circuit is denied. Justice Brennan and Justice Marshall, dissenting: Adhering to. our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay, the petition for a writ of certiorari and vacate the death sentence in this case. Mandamus Denied

No. 84-479. In Re Mobil Oil Corporation, et al. , Petitioners. The petition for writ of mandamus is denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 29, 1984 161 Rehearings Denied

No. 83-6916. Daniel K. Johnson, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections, et al.;

No. 83-7016. Burton R. Landes, Petitioner v. William French Smith, Attorney General, of the United States, et al.; and

No. 84-5203. Mary Alice Consuello Mills McLaine, Petitioner v. Spiro Agnew, et al. The petitions for rehearing are denied.

No. 83-623. Frank B. James, et al.. Petitioners v. William P. Clark, Secretary of the Interior, et al. The motion for leave to file a petition for rehearing is denied.

No. 83-6829. Timothy C. Palmes, Petitioner 2;. Louie L. Wainwright, Secretary, Florida Department of Corrections. The appKcations to suspend the effect of the order denying the petition for a writ of certiorari and for stay of execution of sentence of death are denied. The petition for rehearing is denied. Justice Brennan and Justice Marshall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the applications and the petition for rehearing, vacate the order denying certiorari, and would grant the petition for a writ of certiorari and would vacate the death sentence in this case.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Paul A. Adams Lancaster, PA Ward Thomas Williams John F. Aslin Seattle, WA J. David Andrews James W. Barson Pittsburgh, PA David Wesley Greenfield Brian J. Bartley Wilmington, DE David Mercur Lukoff Joyce Holmes Benjamin Portland, OR Judge Hans A. Linde John E. Bennett New York, NY Richard J. Lubasch Steven Anthony Beres Akron, OH Joseph S. Kodish Michael John Black San Antonio, TX Carroll Wayne Schubert 162 MONDAY, OCTOBER 29, 1984

Applicant City and State Movant

Marc David Blackman Portland, OR Diane L. Alessi Robin A. Blanton Vero Beach, FL Theodore William Herzog Susan Regina Boltacz Atlanta, GA John Franklin Beasley Alan Dexter Bowman Newark, NJ Raymond A. Brown James P. Bradley Philadelphia, PA Michael Brennan Egan Shawn Lee Briese Ormond Beach, Charles E. FL Bennett Reginald C. Brown Jr. Florence, SC William Patrick Hatfield Jeffrey Scott Buehler Ogden, UT J. David Bourland Richard Pillsbury Campbell Chicago, IL John Charles Brezina John C. Caniglia Union City, NY Irving Anolik

Robert Eugene Cansler Asheville, NC Rufus L. . Edmisten Otha T. Carpenter Houston, TX Calvin Botley Richard Gerard Cenci Fresno, CA Anthony Patrick Capozzi Marc P. Chemo New York, NY Stephen D. Alexander Mark Edward Chopko Alexandria, VA Wilfred R. Caron Debra Leigh Cline Winter Haven, Clinton Austin FL Curtis Andrew Thomas Colamaria Boston, MA Tidal Boyce Henry Jr. H. Clifton Conrad Jr. Canton, GA Donald J. SneU Linda Gail Cooper Lexington, KY Barbara Willett Jones Mitchell G. Crane West Chester, PA Robert C. Houpt Ulpiano F. Crespo San Juan, PR Enrique A. Jordan Musa David Edward Culbert Minneapolis, MN David E. Mikkelson Sr. Richard A. Cutter Boston, MA Simon Cutter MONDAY, OCTOBER 29, 1984 163

Applicant City and State Movant

Tony Carlton Dalton Brevard, NC Ferd Leary Davis Jr. Andrew Lawrence Deutsch New York, NY Robert F. Fink Lamberto DiStefano Birmingham, MI James S. Thorbum Anthony Stanley Chicago, IL John Charles DiVincenzo Brezina Richard E. Dobbins Akron, OH Robert Edgar Bulford Jr. Peter Simon Doft San Diego, CA Thomas F. Homann Michael Motier Eley Montgomery, AL Charles Allen Graddick Mark S. Elgot Seattle, WA Robert A. Keolker Grace E. Evans Atlanta, GA Michael J. Bowers Richard Sol Feinberg Shreveport, LA Jack M. Bailey Jr. Richard Stewart Feldman Merrick, NY Sheldon Jay Rosen Luis G. Figueroa Tampa, FL Joseph G. Spicola Jr. Scott Alan Fleischauer Harrisburg, PA John Benjamin Lampi Donald Robert Fox Rochester, NY Wayne M. Harris Angelo Joseph Gagliardo Cleveland, OH Mark Hibbert Aultman Russell Wood Galloway Jr. Oakland, CA Myron P. Curzan William Harry Garber Fairfax, VA Earl Aaron Gershenow Giacomo Giovanni Wilmington, NC Ferd Leary Davis Ghisalberti Jr. Mark William Gifford Casper, WY William Hodge Brown John Joseph Gilece Jr. Bethesda, MD Alfred Joseph Tighe Jr. Donna Glasgow New York, NY Stanley Geller Luis A. Gonzalez Perez San Juan, PR Jose A. Gallart Frank Robert Gramling Miami, FL Christopher Rogers Fertig 164 MONDAY, OCTOBER 29, 1984

Applicant City and State Movant

Drignion, kjA. James r . omitn

Melvin Nathaniel iViiami, r Li Marlene Koch

vjrreeiiDerg oiivei iiidji

OjxaCuoc, ii X eJaillco HiiiWaxU Reid

T A 1 rtA IiTviiig H. (jrreines Los Angeles, OA Alan vj. lYiartm Spencer Hall Jr. oeattie, wa Henry Howard xxappcl XXX

XXUUoCUil,HniT^tnn TXXa\. XvUoo VjIicU ICO Stiles Charles Ravmond Hardee Greenville NC M E Cavendish

xTAOittiivjiMaonnlianr*, MSlukj V^llCLLCTiaTlp^ICO XXCllXHptitvV Rambersr

xxdJ.T3'«ai»y«icHm*lo or PA X aiXn. Jack Francis Hurley Jr. X U UX g 1 xxl r rv. oxiiuii 1^ d erry j acKson \A/w asiiington,OO M "1 /M^ ukjII xvouerw ijawrence

i.\ irVl VJCUOv nonaiQ u. japna ocaimoru, \j i xvicnaru oeoasuan

.TnVin -T .Tnnp^ XXXglibOtU WXl, llU OllC^^dXlX XJl IXCC Massar Richard F. Jest Las Vegas, NV Douglas G. Pt^hgHit xvegmaiQ n. xveuy J-tlliingXOn, IN \j r era ijeary uavis dX.Tr

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MONDAY, OCTOBER 29, 1984 165

Applicant City and State Movant

Kenneth Laurence iSOStOn, lYlA Will J . i5angs oanora IjOPu VV ctoniilgLUIl, U\J ividry-neien iviauLner

0 , YYllLlani IjUCCO Hiawarusviiie, iij Hjawara Lioraon

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J on waUver lYidcijcou oeauue, w a vjeorge ivi. iviacK iVlClVm iZj. iVlcUUUllaUU V^UiUIl Od.Il (J UcUl^ X^Xv iVlIgUcl ri.

vjlIIlclltiZ-iVllii TYi 1x^1UlIU^in rvT

James ir. Maioney iviiiwauKee, wi Leonard S. ZiuurensKy v^nristine a. iviarcn ijaiayette, LiA WiUiam Littlejohn VjUUUc x>rucc otcuucy ivicuiio ^^^T\n^T>OLtrpilcll L/UUgld.oTir\n

Wilham A. Moore iVit. L/iemens, ivii iimotny Kouert Sinclair Anthony Drexel Moroux Lafayette, LA 150 D r orrest Wright William Dee Morris Missoula, MT Urban L. Koth iiuncLrew r . iNapoii x miaaeipnia, rA. i>iuniian ocgcu Michael Lee Parsons Nashville, TN Patricia Jean Cottrell Larry Wayne Pearman Greensboro, NC Ferd Leary Davis 166 MONDAY, OCTOBER 29, 1984

Applicant City and State Movant

Martin S. Finales Cincinnati, OH Thomas H. Crush Carlos A. Piovanetti Rivera Rio Piedras, PR Ramon A, Aifaro Robert D. Pollitt South Charleston, Gregory W. WV Bailey Peter John Porrata San Juan, PR Harvey B. Nachman Richard Ottesen Prentke Seattle, WA J. David Andrews Helen P. Pudlin Philadelphia, PA Frederic L. Ballard David M. Ratchford Columbia, SC James Coffas Alice Leslie Rawlings Wichita, KS Robert Stephan David F. Rolewick Wheaton, IL Roger Kevin O^ReiUy Ira A. Rosenberg West Orange, NJ Charles R. Church Michael Peter Rossman Boston, MA John Trudell Sweeney Hector A. Santana Oyola San Juan, PR Miguel Pagan Scott Edward Shockley Muncie, IN John Daniel Tinder Kenneth A. Skarka Pittsburgh, PA Charles C. Stoops Jr. Lynn H. Slade Albuquerque, NM James E. Sperling Stephenie Regena Slahor Palm Springs, CA Jeffrey Martin Strongin Charles H. Smith Dallas, TX John Michael Colpoys Diane R. Smith Irvine, CA P. Joseph Trimble Cathy Cravens Snell Lexington, KY Barbara Willett Jones Leonard Sobelman New York, NY John Alan Greene Sharon L. Steingard Philadelphia, PA Mitchell A. Kramer Steven M. Steingard Philadelphia, PA Mitchell A. Kramer John M. Stevens Boston, MA John H. Henn Katherine Elinor Stoner Pacific Grove, CA Elizabeth A. Helfrich Maura A. Sullivan Boston, MA Robert Haywood Brumley II MONDAY, OCTOBER 29, 1984 167

Applicant City and State Movant

Roy C. Summerlin Winter Haven, Clinton Austin FL Curtis Robert George Sur Greenwich, CT Philip Horton Bartels Marcy Budman Tanker Philadelphia, PA Harry A. Short Jr. Robert E. Tarcza New Orleans, LA H. Sloan McCloskey Myles R. Tashman New York, NY Samuel A. Almon Stephen Evans Taylor Stockton, CA George Hough Cunningham John Stuart Thai Albuquerque, NM James E. Sperling John E. Thomas Lansing, MI James N. Garber William Rogers Titchener Raleigh, NC Ferd Leary Davis Jr. Alfred Torres Brooklyn, NY Manuel Arturo Rivera Valdivia Thomas Kevin Twist Buffalo, NY Jacob Jacobson John Jess Vigil Brighton, CO Ronald W. Stock Randolph J, Waits New Orleans, LA James Albert Cobb Jr. Lawrence A. Walsh Brownsville, TX David Champion Garza Harold William Wasden Montgomery, AL Charles Allen Graddick Walker L. Watters Jackson, MS Martha Wilson Gerald Dennis Steven Weaver San Francisco, CA Ann Fagan Ginger James Thomas West Lillington, NC Ferd Leary Davis Jr. Thomas Seelye West Albany, NY Algird Francis White Jr. Thomas E. Whigham Sanford, FL Oren Douglas Stenstrom George K. Whyte Jr. Milwaukee, WI Patrick W. Schmidt James D. Wickhem Janesville, WI Louis D. Gage Jeffrey B. Wihtol Portland, OR Thomas E. Cooney 168 MONDAY, OCTOBER 29, 1984

Applicant City and State Movant II

Dennis Talmadge Worley Tabor City, NC Ferd Leary Davis Jr. N. Hunter Wyche Jr. Raleigh, NC Carl W. Hibbert Jeffrey Lee Zimmer Wnmington, NC Ferd Leary Davis Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert Edward Ruggeri Washington, DC William Edward Morgan A. Dale Manicom San Diego, CA Thomas F. Homann Dana Elizabeth Susson Newport Beach, James Franklin CA McConnell Jr. Mark Susson Santa Ana, CA James Franklin McConnell Jr.

Oral Arguments

No. 83-703. Florida Power & Light Company, Petitioner v, Joette Lorion, etc., et ai.; and No. 83-1031. United States Nuclear Regulatory Conmiission and United States, Petitioners u Joette Lorion, et al. Argued by Mr. Charles A. Rothfeid for the petitioners in No. 83-1031, pro hac vice, by special leave of Court, by Mr. Harold F. Reis for the petitioner in No. 83-703, and by Mr. Martin H. Hodder for the respondents. No. 83-1416. National Labor Relations Board, Petitioner u Action Automotive, Inc. Argued by Mr, Norton J. Come for the petitioner and by Mr. Stewart J. Katz for the respondent.

No. 83-832. Harold T. Paulsen, et ux. , Petitioners u Commissioner of Internal Revenue. Argued by Mr, William R. Nicholas for the peti-

' tioners and by Mr. Albert G. Lauber, Jr. , for the respondent.

No. 83-1360. Leonard Webb, Petitioner v. County Board of Educa- tion of Dyer County, Tennessee, et al. Argued by Mr. Charles Stephen Ralston for the petitioner and by Mr. S. Russell Headrick for the respondents.

Adjourned until tomorrow at 10 o'clock.

i MONDAY, OCTOBER 29, 1984 169

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Order in Pending Case

No. A-342. Earnest Knighton, Jr., Applicant v, Frank C. Blackburn, Warden, Louisiana 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. Justice Brennan and Justice Marshall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case

(JOURNAL) TUESDAY, OCTOBER 30, 1984 171 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Roger Alan Tellinghuisen Deadwood, SD John David Seiver

Oral Arguments

No. 83-1035. Tennessee, Appellant v. Cleamtee Gamer, etc., et al.; and

No. 83-1070. Memphis Police Department, et al., Petitioners v.

Cleamtee Gamer, etc., et al. Argued by Mr. Henry L. Klein for the petitioners in No. 83-1070, by Mr. W. J. Michael Cody for the appellant in No. 83-1035, and by Mr. Steven L. Winter for Cleamtee Gamer, et

al.

No. 83-859. California, Petitioner v. Charles R. Camey. Argued by Mr. Louis R. Hanoian for the petitioner and by Mr. Thomas F. Homann for the respondent.

No. 83-1620. First National Bank of Atlanta, etc.. Appellant v. Bartow County Board of Tax Assessors, et al. Argued by Mr. Charles

T. Zink for the appellant, by Mr. Alan I. Horowitz for the United States as amicus curiae, by special leave of Court, and by Ms. Grace E. Evans for the appellees.

No. 83-240. Lawrence County, et al.. Appellants v. Lead-Deadwood School District No. 40-1. Argued by Mr. Alan Raywid for the appellants, by Mr. Louis F. Claibome for the United States as amicus curiae, by special leave of Court, and by Mr. A. P. Fuller for the appellee.

Adjoumed until tomorrow at 10 o'clock. X

(JOURNAL) WEDNESDAY, OCTOBER 31. 1984 173 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and SUte Movant

Stuart G. Summers Cincinnati, OH C. Roger Nelson Thomas E. Workman Columbus, OH Alexander Wilson Whitaker

Oral Arguments

No. 83-1334. Andrew J. Winston, Sheriff and Aubrey M. Davis, Jr.,

Petitioners v. Rudolph Lee, Jr. Argued by Mr. Stacy F. Garrett, III, for the petitioners and by Mr. Joseph Ryland Winston for the respondent.

No. 83-1466. Supreme Court of New Hampshire, Appellant v. Kath- ryn A. Piper. Argued by Mr. Martin L. Gross for the appellant and by Mr. Jon Meyer for the appellee.

No. 83-1274. Metropolitan Life Insurance Company, et al.. Appel- lants V. W. G. Ward, Jr., et al. Argued by Mr. Matthew J. Zinn for the appellants and by Mr. Warren B. Lightfoot for the appellees.

No. 83-1007. Tiffany Fine Arts, Inc., et al.. Petitioners v. United

States, et al. Argued by Mr. Michael D. Savage for the petitioners and by Mr. Lawrence G. Wallace for the respondents.

Adjourned until Monday, November 5, 1984. I (JOURNAL) MONDAY, NOVEMBER 5, 1984 175 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 84-243. Marengo County Commission, et al., Appellants v. United States. Appeal from the United States Court of Appeals for the Eleventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 84-412. Home Builders and Contractors Association of Palm

Beach County, Inc., etc., et al.. Appellants v. Board of County Com- missioners of Palm Beach County, et al. Appeal from the District Court of Appeal of Florida, Fourth District. The appeal is dismissed for want of a substantial federal question. Certiorari—Summary Disposition No. 83-1593. Margaret M. Heckler, Secretary of Health and Human

Services, et al., Petitioner v. Frank Kuehner, et al. On petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit. The motion of respondents 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 Ap- peals for the Third Circuit to be remanded to the United States District

Court for the Eastern District of Pennsylvania with instructions to: (1) remand the cases ^)f the named respondents to the Secretary for review pursuant to Section 2(d)(2)(C) of the Social Security Disability Benefits

Reform Act of 1984; (2) make any necessary clarifications in the definition and scope of the class; (3) remand the cases of the unnamed class members to the Secretary for proceedings pursuant to Section 2(d)(3) of that Act; and (4) take other actions appropriate in Hght of that Act. Orders In Pending Cases

No. A-272. Alwin E. Hopfmann, AppHcant v. United States Federal

Election Commission, et al. The appHcation for stay addressed to Jus- tice O'Connor and referred to the Court is denied. 176 MONDAY, NOVEMBER 5, 1984

No. A-277. The Daily Pantagraph, et al., Applicants v. Richard M.

Baner, Judge, Circuit Court of Woodford County, Illinois, et al. The application for stay of a juvenile court order presented to Justice Stevens and by him referred to the Court is denied. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join.

No. A-279. Thomas L. Schuchman, et ux.. Applicants v. United States. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. D-443. In the Matter of Disbarment of Robert Earl Dizak. Dis- barment order entered. No. D-457. In the Matter of Disbarment of Alfred Bruce Shapiro. Disbarment order entered.

No. D-461. In the Matter of Disbarment of Marvin J. Powers. It is ordered that Marvin J. Powers, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 83-727. Lamar Alexander, Governor of the State of Tennessee,

et al. , Petitioners v. Hershel Choate, et al. The motion of respondents

for leave to file a supplemental brief after argument is granted.

No. 83-1748. Allis-Chalmers Corporation, Petitioner v. Roderick S.

Lueck. The motion for appointment of counsel is granted and it is ordered that Gerald S. Boisits, Esquire, of Milwaukee, Wisconsin, is appointed to serve as counsel for the respondent in this case.

No. 83-1950. Mary Jean McAllister and Judith E. KHne, Petitioners

V. Gulf Federal Savings and Loan Association. The motion of respondent for taxation of costs and attorney's fees is denied.

No. 83-6881. Murray 0. Bradford, Petitioner v. Ahnetta N. Brad- ford. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 84-129. Reavis & McGrath, Petitioners v. Frank P. Antinore,

et al. The motion of respondents Jones, et al. to direct the Clerk to file an application for extension of time to file a cross-petition for writ of certiorari and that such cross-petition be considered irrespective of dispostion of the opening petition for writ of certiorari is denied.

No. 84-321. Alabama, Petitioner v. Earnest James Sturdivant. The motion of respondent for leave to proceed informa pauperis is granted. MONDAY, NOVEMBER 5, 1984 177

No. 84-5092. John Earl Booker, Petitioner v. Mississippi. The respondent is requested to file a response to the petition for rehearing within thirty days.

No. 84-5407. Samuel J. Gemelli, Petitioner v. Pennsylvania. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until November 26, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

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

Certiorari Granted

No. 83-2126, Oklahoma, Petitioner v. Timothy R. Castleberry and Nicholas Raineri. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma granted. No. 84-205. Virginia Department of Conservation and Economic De- velopment, et al., Petitioners v. William P. Clark, Secretary of the In- terior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

Certiorari Denied

No. 83-1924. City of El Segundo, et al., Petitioners v. Deborah L3mn Thome. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-1931. Deil Otto Gustafson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1982. Luis Oscar Sarmiento-Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2014. Guido Frezzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-2065. Roland A. Jones, Petitioner u Department of Human

Resources of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 178 MONDAY, NOVEMBER 5, 1984

No. 83-2104. Ernest Walter Homens, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-2120. Robert L. Evans, Petitioner v. Lockheed-Georgia Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-2124. James H. Rutter, et ux., et al., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-2163. Garter-Bare Company, et al., Petitioners v. Munsing- wear, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6633. Larry Dale Green, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6674. Dewey Spencer Gray, Petitioner v. John T. King, Sec- retary, Louisiana Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6685. Richard P. Viccarone, Petitioner v. E. Ross Buckley, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. i

No. 83-6697. Jesse James Essex, Petitioner v. David Garraghty, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6732. Wade Gregg, Petitioner v. Michigan. Petition for writ of certioi^i to the Supreme Court of Michigan denied.

No. 83-6746. Rodney DeWayne Williams, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 83-6768. Ralph J. Craig, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-6788. George W. StoUe, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

No. 83-6795. Debra Jeanene Bracewell, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-6797. Terrence G. Johnson, Petitioner v, Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, NOVEMBER 5, 1984 179

No. 83-6813. Luis Rosado, Petitioner v. Eugene LeFevre, Super- intendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6906. John L. Williams, Petitioner v. Thomas A. Coughlin, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-6954. Anthony Beck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6989. Donald Lee Yates, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6996. Rose M. Smith, Petitioner v. Union Mutual Life In- surance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-70. Daniel B. Crowder, etc., et al., Petitioners v. E. Jean Orr. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-116. John L. Vakas, Petitioner v. Paul Rodriquez, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-160. Beaufort Gazette, etc.. Petitioner v. Keith Merry De- loach. Petition for writ of certiorari to the Supreme Court of South Car- olina denied.

No. 84-254. Leman L. Hutchinson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 84-279. James Marine Service, Inc., Petitioner v. Ryan Walsh

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

No. 84-386. Harvey D. Holloway, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-388. Peggy Marshall, Petitioner v. Carolyn P. McMahan. Pe- tition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 84-391. 1. Harry Lyon and Michael D. Blalock, Petitioners v. Al- abama State Bar. Petition for writ of certiorari to the Supreme Court of Alabama denied. 180 MONDAY, NOVEMBER 5, 1984

No. 84-401. Rosebrough Monument Company, Petitioner v. Memo- rial Park Cemetery Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-403. Dennis Altman, Petitioner v. Peter F. Hurst, Chief of Police of City of Hickory Hills, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-411. University of Texas at El Paso, Petitioner v, Eleanor Duke. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-414. Mead Johnson & Co., Petitioner v. Louisville and Nash- ville Raih-oad Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-415. Leslie C. Case, Petitioner v, BASF Wyandotte, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-417. Gerald W. Moody, debtor-in-possession, Petitioner v. Amoco Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-431. Mid-America Machinery Company, Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-442. Intelicense Corporation, S. A., Petitioner v. United

States Olympic Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-463, Spiegel, Inc., Petitioners Aldon Accessories, Ltd. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-481. Kenneth B. Quansah, Jr., Petitioner v. All American

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

No. 84-485. Alfred Edward Ehm, Petitioner v. National Railroad Passenger Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-488. Michael L. Bulkley, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-509. H. Edward Tickel, Jr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, NOVEMBER 5, 1984 181

No. 84-513. Robert Earl Miller, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-514. Joseph Muelbl, Petitioner v. United States. Petition for writ of certiorari to the United States Couit of Appeals for the Seventh Circuit denied.

No. 84-555. Edward James Fritzie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5024. Davis James Wounded Eye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5041. Dan Holman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5208. Dennis Dempsey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5264. Dick Wilbur Test, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5320. Alan Humphrey, Petitioner v. Bostitch Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5390. Penny Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5406. Lincoln Jackson, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 84-5414. Joseph H. Shaw, Petitioner v. Amos Reed, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5419. Richard A. Weisman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5422. Frank E. Forrester, Petitioner v. U. S. Government. Petition for writ of certiorari to the United States Court of Appeals for

. the Second Circuit denied. 182 MONDAY, NOVEMBER 5, 1984 |

No. 84-5433. McKinley Robinson, Petitioner v. Donald Wyrick, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 84-5436. Donald R. Jermosen, Petitioner u Harold J. Smith, Su- perintendent, Attica Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5442. Melvin Leroy Tyler, Petitioner v. Milt Harper, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, West- em District, denied. No. 84-5448. Jesse R. Lance, Petitioner u South Carolina Highway Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5455. William Staples, Petitioner v. Warren Young, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5470. Florencio Ledezma-Hemandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-5474. Samuel Douglas Forshee, Petitioner v. United States; and

No. 84-5514. Arvil Gillian Rainey, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5477. Arthur Lee Harriatt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5485. Delano L Frazier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6816. Louis M. Parker Ford, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dis- senting opinion by Justice Marshall.

No. 83-6921. Ted Herring, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6991. Ramon Pedro Hernandez, Petitioner v, Rajonond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth MONDAY, NOVEMBER 5, 1984 183

Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5451. James A. Card, Sr., Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-252. Ann Shavers, Petitioner v. Walter E. Heller & Com- pany. The motion of respondent for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-392. Morris L. Thigpen, Commissioner, Mississippi Depart- ment of Corrections, Petitioner v. Willie N. Reddix. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-474. Connecticut, Petitioner v. John C. Cohane. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Connecticut denied.

No. 84-406. National Football League, et al.. Petitioners u Oakland

Raiders, Ltd., et al.; and No. 84-418. Oakland-Alameda County Coliseum, Inc., Petitioner Oakland Raiders, Ltd., and Los Angeles Memorial Coliseum Concus- sion. The motion of National Basketball Association for leave to file a brief as amicus curiae is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-430. First Federal Savings and Loan Association of Bis- marck, Petitioner v. Theodore George Hulm, aka Ted Hulm and Tom A. Brigham. The motion of respondent Theodore George Hulm for leave to proceed in forma pauperis is granted. The motion of respondent Tom A. Brigham 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. 84-5191. Steven Craig James, Petitioner u Arizona. The petition for a writ of certiorari to the Supreme Court of Arizona is denied. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins. Rehearings Denied

No. 83-2001. Gweldon Lee Paschall, et al.. Petitioners v. The Kansas City Star Company;

No. 83-6455. Arthur N. Murley, et al., Petitioners v. Joseph Harkin, et al.; 184 MONDAY, NOVEMBER 5, 1984

No. 83-6581. Robert P. Bryan, Sr., Petitioners. U.S. Office of Per- sonnel Management, et al.;

No. 83-6693. Melvin Leroy Tyler, Petitioner v. Donald Wyrick, Warden;

No. 83-6923. Kermit Arthur Belgarde, Petitioner v. United States;

No. 84-302. Alcee L. Hastings, Petitioner v. Investigating Commit- tee of the Judicial Council of the Eleventh Circuit and United States; No. 84-5021. In Re Terry Louis Carter, Petitioner;

No. 84-5071. RoUy O'Dell Kinnell, Petitioner v. Gary Rayl, Director, Kansas State Penitentiary, et al.;

No. 84-5087. Bemie J. E. Dingle, Petitioner v. Calvin D. Simpkins, Administrator of the Estate of Ernestine Simpkins Dingle;

NOc 84-5102. Thomas C. Agresti, Petitioner v. United States; and

No. 84-5207. James H. Hoyett, Petitioner v, Alabama. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Tuesday, November 13, 1984, until Monday, November 26, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jack W. Abel Cleveland, OH Benson Dale PiUoff Dennis Wayne Arrow Oklahoma City, James Bradford OK Croy Donald L. Baker Shreveport, LA Frances Baker Jack Peter H. Benzian San Diego, CA Irwin Goldbloom Harvey E. Bines Boston, MA Joseph Auerbach Thomas S. Bimey Golden, CO Leo N. Bradley Phillip L. Bosl Los Angeles, CA Robert S. Warren James Thomas Butler Tampa, FL Stephen Leslie Rosen Warren Randall Calvert Atlanta, GA VerleyJ. Spivey Joseph Edward Carey Bowie, MD Graydon S. McKee III MONDAY, NOVEMBER 5, 1984 185

Applicant City and State Movant

Thomas J. Casurella Atlanta, GA Roy E. Barnes William L. Cole Los Angeles, CA Daniel A. Weber Kemieth Luke Connor Lake Wales, FL Mel R. Martinez Wendy Anne Coopersmith Media, PA Michael P. Dignazio Charles McClure Debele Jr. Savannah, GA Leroy C. Fowler William E. Doyle Lexington, KY William Bruce Cowden Jr. Samuel Eric Hans Ericsson Springfield, VA William Jay Hunter Jr. Gail E. Erwin Oswego, NY Kenneth Edward Ackerman Helen DeJoice Fortson San Diego, CA John J. Cleary James B. Fox Boston, MA Donald K. Stem A. Banner Frazer Jr. Mobile, AL William Boyd Reeves Richard H. French Jr. Cleveland, OH Michael Raymond Gallagher Daniel Robert Freytag Columbus, OH David LeRoy Day William S. Frommer New York, NY Leonard J. Santisi Richard D. Gaines Rockford, IL Donald Lewis Moore Patricia Mitchell Goldberg Rockville, MD John J. Mitchell Jack Alan Goldberger West Palm Beach, Howard A. FL Goldberger Lubbie Harper Jr. New Haven, CT Bruce L. Levin John P. Higgins Milwaukee, WI Daniel R. Riordan Kenneth Albert Hunt Albuquerque, NM John Edwin Farrow W. Orie Hunter III Shreveport, LA Frances Baker Jack Stephen C. Johnson San Francisco, CA Gary J. Torre William C. Johnson Suffolk, VA Charles F. Groom Jr. Charles S. Kamine Cincinnati, OH Mildred E. Kamine 186 MONDAY, NOVEMBER 5, 1984

Applicant City and State Movant

Thomas E. Kelly Jr. Seattle, WA Gordon G. Conger Thomas J. Kelly Jr. Washington, DC Joseph H. Koonz Jr. Thomas A. Leggette Roanoke, VA William B. Poff Amie Billings Lupton Greensboro, NC Harvey Arthur Lupton Randal G. Mathis DaUas, TX Royal H. Brin Jr. Stephen J. McGrath New York, NY Leonard J. Koemer Elizabeth A. McKanna Memphis, TN G. Philip Arnold Jay R. McKenzie Preston, ID James Albertus McClure Charles Gregory McMurdo Salem, OR Randall Blair Kester

James A. Meier Janesville, WI John C. Wickhem Michael Brian Mierzewski Washington, DC John Daniel Hawke Jr. Franklin A. Miles Jr. Harrisburg, PA Harvey Freedenberg Gregor N. Neff New York, NY John A. Mitchell Lewis Levick Neilson Jr. Philadelphia, PA Charles Cole Coyne David A. Newberg New York, NY Michael Edward Schoeman Christine Marie Fairfield, CT Merrell E. Clark Niedermeier Jr. Paul Averyt Pate Huntsville, AL Glenn Franklin Manning Luis Andrew Penichet White Plains, NY Roy G. Levy Richard Charles Popper Houston, TX David L. Zuber Richard L. Reers Williston Park, Robert J. McGuire NY Claudia Ribet Washington, DC William Woodruff Taylor III John Stephen Riper Seattle, WA Richard M. Stanislaw MONDAY, NOVEMBER 5, 1984 187

Applicant City and State Movant

Patrick Joseph Roach Arlington, VA John C. Christie Jr. Mitchel S. Ross Boston, MA James D. St. Clair Richard Jay Sanborn Wichita, KS Norman Keith Sanborn William Wellington Uakland, OA reter W. Davis Schofield III

Melvin J. Scolnick Westport, CT Leonard J. Santisi Lloyd Bruce Sokolow Albany, NY Denise McCarthy Kandall

Michael Ivan Spearing Huntsville, AL Glenn Franklin Manning Phillip Louis Spector Washington, DC Sheldon Stanley Cohen hlyria, OH Gregory Allen wmLe

Joel W. Stemman New York, NY Arnold I. Roth Robin Leslie Stewart Sacramento, CA Lloyd Hinkelman Andrew James Stites Washington, DC Harry Anthony Rissetto Theodore A. Sussan Spotswood, NJ William G. Brigiani Donald C. Templin Dallas, TX Daniel Edward Westbrook

Jay Tims Youngstown, OH WLiliam rj. riau Jr. Roger Townsend Houston, TX D. Dudley Oldham Thomas Gerald Treece Houston, TX T^David• J Crump John Oliver Tyler Jr. Houston, TX Thomas Drury Cordeil Robert Lee Washburn Los Angeles, CA James Robert Lahana Charles Robert Watkins Chicago, IL Lowell E. Sachnoff Mark Collins Watler Houston, TX Robert Alvin Hall 188 MONDAY, NOVEMBER 5, 1984

Applicant City and State Movant

William Sprague Wheeler South Pasadena, George A. Harris CA Elizabeth Louise White Jacksonville, FL Wm. Jo Sheppard Robert P. Wildau Atlanta, GA Frank Love Jr. William Allen Yerrick Newport Beach, Angelo J. Palmieri CA Thomas M. Zwilling Pittsburgh, PA H. Yale Gutnick

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Gail Marguerite San Francisco, CA Robert Edwin Heckemeyer Fremlin Mary Louise Ross Philadelphia, PA Alexander William Ross Jr. Alan Wayte Los Angeles, CA James Lawry Nolan James L. O'Connell Los Angeles, CA John D. O'Connell

Oral Arguments

No. 83-1307. United States, Petitioner v. Betty Lou Powell. Argued by Mr. Mark L Levy for the petitioner and by Mr. John J. Cleary for the respondent.

No. 83-1330. United States, Petitioner v. Thomas J. Hensley. Ar- gued by Ms. Kathryn A. Oberly for the petitioner and by Mr. Edward G. Drennen, II, for the respondent.

No, 83-1476. United States, Petitioner v, Mary Dann and Carrie Dann. Argued by Mr. Robert A. McConnell for the petitioner and by Mr. John D. O'Connell for the respondents.

No. 83-1622. Elizabeth Brandon, et al.. Petitioners v. John D. Holt, etc., et al. Argued by Mr. Eric Schnapper for the petitioners and by Mr. Henry L. Klein for the respondents.

Adjourned until tomorrow at 10 o'clock. X .

(JOURNAL) TUESDAY, NOVEMBER 6, 1984 189 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Janet M. Koehn Ventura, CA Solicitor General Rex E. Lee Douglas L. Stenzel Ventura, CA Solicitor General Rex E. Lee Stephen Spangler Trott McLean, VA Solicitor General Rex E. Lee Thomas G. Herring Washington, DC Solicitor General Rex E. Lee Bruce Edward Skrine Boston, MA Solicitor General Rex E. Lee Michael Peter Lindemann Fairfax, VA Solicitor General Rex E. Lee Barbara F. Hufham New York, NY Edward A. Miller Dan Marmalefsky Los Angeles, CA Dennis M. Perluss

Oral Arguments

No. 83-1292. David Alan Wayte, Petitioner v. United States. Argued by Mr. Mark D. Rosenbaum for the petitioner and by Mr. Solicitor Gen- eral Rex E. Lee for the respondent.

No. 83-1394. United States, et al., Appellants v. Madison D. Locke, et al. Argued by Ms. Carolyn F. Corwin for the appellants and by Mr. Harold A. Swofford for the appellees.

No. 83-1013. Chemical Manufacturers Association, et al.. Petitioners

V. Natural Resources Defense Council, Inc., et al.; and No. 83-1373. United States Environmental Protection Agency, Peti- tioner u Natural Resources Defense Council, Inc., et al. Argued by Mr. Samuel A. Alito, Jr., for the petitioners in both cases and by Ms. Frances Dubrowski for the respondents. No. 83-1632. Harper & Row, Publishers, Inc. and The Reader's

Digest Association, Inc., Petitioners v. Nation Enterprises and The 190 TUESDAY, NOVEMBER 6, 1984

Nation Associates, Inc. Argued by Mr. Edward A. Miller for the petitioners and by Mr. Floyd Abrams for the respondents.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) WEDNESDAY, NOVEMBER 7, 1984 191 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Manuel Domingo Verdugo Lordsburg, NM Jeff Bingaman Saucedo Daniel M. Pritchett III Washington, DC James F. Walker C, Robert Cox Reno, NV Nancy Whorton George Michael E. Malloy Reno, NV Nancy Whorton George Brian T. Fischer West Haven, CT Nathan Lewin Herbert Darcy Fischer West Haven, CT Nathan Lewin James E. Fischer West Haven, CT Nathan Lewin Robert Lownds Fisher Jr. Warren, CT Nathan Lewin

Oral Arguments

No. 82-5920. Kevin Michael Shea, Petitioner v. Louisiana. Argued by Ms. Frances Baker Jack for the petitioner and by Mr. Paul Joseph Carmouche for the respondent.

No. 83-935. United States, Petitioner v. John Clyde Abel. Argued by Mr. Stephen S. Trott for the petitioner and by Ms. Yoianda Barrera Gomez for the respondent.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. Argued by Mr. Arthur B. Spitzer for the petitioner and by Mr. Michael C. Turpen for the respondent. No. 83-1158. Estate of Donald E. Thornton and Connecticut, Peti- tioners V. Caldor, Inc. Argued by Mr. Nathan Lewin for the petitioner, Estate of Donald E. Thornton, by Mr. Joseph L Lieberman for the petitioner, State of Connecticut, and by Mr. Paul Gewirtz for the respondent.

Adjourned until Tuesday, November 13, 1984 at 10 o'clock. X

No. A-360. Timothy C. Pahnes, Applicant v. Louie L. Wainwright, Secretary, Florida Department of Corrections. The application for stay 192 WEDNESDAY, NOVEMBER 7, 1984 | of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied. Justice Brennan and Justice Mar- shall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v, Georgia, 428 U.S. 153, 227,, 231 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case.

I (JOURNAL) THURSDAY, NOVEMBER 8, 1984 193 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. 84-5717. Alvin R. Moore, Petitioner v. Ross Maggio, Jr., War- den, 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 final disposition of the petition for a writ of certiorari. Justice White and Justice Rehnquist dissent from the foregoing order. I (JOURNAL) MONDAY, NOVEMBER 12, 1984 195 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Certiorari Denied

No. 84-5687. Robert Lee Willie, Petitioner v. Ross Maggio, Jr., Warden. 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 Fifth Circuit is denied. Justice Brennan and Justice Marshall, dissenting: Adhering to views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant the application for stay, the petition for writ of certiorari and vacate the death sentence in this case.

(JOURNAL) TUESDAY, NOVEMBER 13, 1984 197 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice White, Justice Marshall, Jus- tice Blackmun, Justice Powell, and Justice Rehnquist. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 83-1367. Florida, Petitioner v. Damasco Vincente Rodriguez. On petition for writ of certiorari to the District Court of Appeal of Florida,

Third District. The petition for writ of certiorari is granted. The judgment is reversed and case remanded to the District Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Justice Marshall dissents. Dissenting opinion by Justice Stevens with whom Justice Brennan joins.

Appeals—Summary Disposition

No. 83-1722. Mississippi RepubHcan Executive Committee, Appel-

lant V. Owen H. Brooks, et al.;

No. 83-1865. Owen H. Brooks, et al.. Appellants v. WilHam A. Allain, Governor of Mississippi, et al.; and

No. 83-2053. William A. Allain, et al, Appellants v, Owen H. Brooks, et al. Appeals from the United States District Court for the Northern District of Mississippi. The judgment is affirmed. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Rehnquist with whom the Chief Justice joins.

No. 84-83. Gladys L. Trapf, Appellant v. Oscar Lohr, et al. Appeal from the Supreme Court of Missouri. The appeal is dismissed for want of a substantial federal question.

No. 84-326. John T. Cain, Appellant v. New York. Appeal from the Appellate Division, Supreme Court of New York, Second Judicial De- partment. The appeal is dismissed for want of a substantial federal question.

No. 84-198. Louis E. Ohvero, Appellant v. Illinois. Appeal from the Appellate Court of Illinois, Third 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. 198 TUESDAY, NOVEMBER 13, 1984

Orders in Pending Cases

No. . James Q. Home, Jr., Petitioner u Adolph Coors Company, et al. The application to declare notice of appeal as a petition for writ of

certiorari and to file a supplemental petition for writ of certiorari is denied.

No. 82-1832. Town of Hallie, et al. Petitioners v. City of Eau Claire. The motion of Illinois, et al. for leave to participate in oral argument as

amid curiae and for additional time for oral argument is denied.

No. 83-990. School District of the City of Grand Rapids, et al.. Peti-

tioners V. Phyllis Ball, et al. The motion of the Solicitor General to permit Michael W. McConnell, Esquire, to present oral argument as amicus curiae, pro hac vice, is granted.

No. 83-1032. Federal Election Commission, Appellant v. National

Conservative Political Action Committee, et al.; and No. 83-1122. Democratic Party of the United States and Democratic

National Committee, Appellants v. National Conservative Political Ac- tion Committee and Fund for a Conservative Majority, The motion of Democratic National Committee for divided argument is granted to be divided as follows: Federal Election Commission 20 minutes and Demo- cratic National Committee 10 minutes. No. 83-1660. Charles M. Atkins, Commissioner of the Massachusetts

Department of Public Welfare, Petitioner v. Gill Parker, et al; and

No. 83-6381. Gill Parker, et al.. Petitioners v. John R. Block, Secre-

tary, Department of Agriculture, et al. The motion of the Solicitor Gen-

eral to strike portions of the reply brief of Parker, et al. is denied.

No. 83-2146. Richard Wilson and Martin Vigil, Petitioners v. Gary Garcia. The motion of respondent for leave to proceed further herein in forma pauperis is granted.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Man- agement. The motion of National Association of Retired Federal Em- ployees for leave to participate in oral argument as amicus curiae is denied.

No. 84-444. Charles J. Connor, et al.. Petitioners v. Aerovox Incor-

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

No. 84-644. National Rifle Association of America, et al. , Petitioners

V. Minnesota State Ethical Practice Board. The application for stay of mandate addressed to the Chief Justice and referred to the Court is denied. TUESDAY, NOVEMBER 13, 1984 199

No. 84-5059. Patrick Ramirez, Petitioner v. Indiana. The motion of

petitioner for appointment of counsel is granted and it is ordered that Kenneth F. Ripple, Esquire, of South Bend, Indiana, is appointed to serve as counsel for the petitioner in this case.

No. 84-5268. Thelma P. Gordon, Petitioner v. Raymond J. Donovan, Secretary of Labor, etc. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 4, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For

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

No. 84-5350. Frederick M. Maxwell, Petitioner v. Pennsylvania. The application to suspend the effect of the order denying certiorari presented to Justice Brennan and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

No. 84-5506. Bemie J. E. Dingle, Appellant v. Calvin D. Simpkins, etc. The application for stay addressed to Justice Marshall and referred to the Court is denied.

Certiorari Granted

No. 84-468. City of Cleburne, Texas, et al.. Petitioners v. Cleburne Living Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K. Lan- dreth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The case is set for oral argument

in tandem with No. 84-165, Gould v. Ruefenacht.

No. 84-48. United States, Petitioner v. Hughes Anderson Bagley. 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. 84-165. W. George Gould, Petitioner v. Max A. Ruefenacht, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit granted. The case is set for oral argument in tandem with No. 83-1961, Landreth Timber Company v. Landreth. No. 84-438. Superintendent, Massachusetts Correctional Institution,

Walpole, Petitioner v. Gerald Hill and Joseph Crawford. The motion of respondents for leave to proceed in forma pauperis is granted. Petition 200 TUESDAY, NOVEMBER 13, 1984 for writ of certiorari to the Supreme Judicial Court of Massachusetts granted. Certiorari Denied

No. 83-1908. Shelby County Sheriff's Department, Petitioner t;. Deo- gracias Ruiz. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1974. North Platte Baptist Church, et al., Petitioners v. Nebraska. Petition for writ of certiorari to the Supreme Court of Ne- braska denied.

No. 83-6668. William Frederic Draper, Petitioner v. William Moul- trie Guerry, Judge, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-6715. John A. Frank, Petitioners Amos E. Reed, Secretary, Washington Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6758. Luis Co Marcano, etc., Petitioners Ronald Karabatsos, et aL Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-6794. Rudolfo Diaz, Petitioner u New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-6856. Hugh Trent Bland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6875. Aaron Delaney, Petitioner v. Ross Maggio, Jr., War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6899. Gary Lee Wiedemer, Petitioner v. Jim Ricketts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6935. Daniel K. Ferreira, Petitioner v. Michael Fair, Com- missioner, Massachusetts Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6981. Roger L. Caldwell, Petitioner v. Sam P. Garrison, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6997. Jerry Witherspoon, etc. , Petitioner v. Robert Cordier, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY, NOVEMBER 13, 1984 201

No. 83-7024. Gregory Foucha, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-30. Charles G. Copehn, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 84-112. Elliet N. Aronson, et al., Petitioners v. Servus Rubber,

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

No. 84-141. Henry Yarbrough and Howard L. Jenkins, Petitioners v. Small Business Administration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-145. Lawrence Krieger, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 84-215. Multi-State Communications, Inc., Petitioners 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. 84-232. Trustees of the University of Pennsylvania, Petitioner v. Sansom Committee; and Trustees of the University of Pennsylvania,

Petitioner v. Sansom Committee; and Trustees of the University of

Pennsylvania, Petitioner v. Sansom Committee. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-258. Roy L. Schapansky, Petitioners Department of Trans- portation, et al; and Richard T. Adams, et al.. Petitioners v. Depart- ment of Transportation; and Lawrence G. Martel, Petitioner v. Depart-

ment of Transportation, et al.; and Stephen J. Moylan, Petitioner v.

Department of Transportation, et al.; and Bernard Dorrance, Peti-

tioner V. Department of Transportation, et al.; and Anthony L.

DiMasso, Petitioner v. Department of Transportation, et al.; and

No. 84-259. Kipp Anderson, et al.. Petitioners v. Department of

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

No. 84-260. Faith Center, Inc., Petitioner v. City of Hartford, et al. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 84-287. Leroy Stewart, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 202 TUESDAY, NOVEMBER 13, 1984

No. 84-405. Jack Walters & Sons Corporation, Petitioner v. Morton Buildings, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-413. Hughes-Bechtol, Incorporated, Petitioner v. West Vir- ginia Board of Regents. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-420. Armond J. Eitmann, Petitioner v. New Orleans Public Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-426. Barbara Johnson, Petitioner v. Allyn & Bacon. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-429. International Indemnity Company, Petitioner v. Jimmy Enfinger, by and through his next friend, Johnnie Enfinger; and Inter- national Indemnity Company, Petitioner v. Tommy Lee Odom. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 84-437. The Evening News Association, et al. Petitioners v. Joseph Judeus Locricchio and Gary Francell. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No, 84-439. Leslie Daniel Caldwell, Jr., Petitioner v. Solus Ocean Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-440. Harris Cohen, et ux.. Petitioners v. City of Philadelphia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-441. Agri-Feeds, Inc., Petitioners. Hansens' Inc., etc. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 84-443. Ernest N. Morial, et al. Petitioners v. United Gas Pipe Line Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-445. First Assembly of God Church, et al. , Petitioners v. City of Alexandria, Virginia, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-446. Hyatt Legal Services, et al.. Petitioners v, Hyatt Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-447. Metropolitan Property and Liability Insurance Com- pany, Petitioner v. Earl M. Longenecker, et al. Petition for writ of TUESDAY, NOVEMBER 13, 1984 203 certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-455. Steven K. Hauser, Petitioner u Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-456. William J. Scott and Herbert Caplan, Petitioners v. Wil- liam J. Benson. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-457. Morton L. Minsky, etc., Petitioner v. Auto Driveaway

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

No. 84-464. Thomas D. Klemens, Thomas G. Giefer, Roy A. C. Hill, and Robert G. Maiers, Petitioners v. Air Line Pilots Association, Inter- national. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-471. National Federation of the Blind of California, et al, Pe- titioners V. County of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-477. Victor J. Felice, Petitioner v. William E. Foley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-486. Shearson/American Express Inc., et al. Petitioners v.

Charles E. Neely, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-507. T. B. & Z. Realty and Management Corporation and

Lester S. Barritt, Petitioners v. Coterie Seven Enterprises Corpora- tion. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-535. Paul S. Davis, Petitioner v. Donald J. Devine, Director, Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-617. Larry Flynt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5026. Donald R. Maghe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-5027. Willie Wilhams, et al. , Petitioners v. Transport Work- ers Union of America, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 204 TUESDAY, NOVEMBER 13, 1984

No. 84-5070. Robert Lee Boles, Jr., Petitioner v. Barry Mintzes, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5135. Samuel Howard Peeler, et al.. Petitioners v. Donald Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5147. Marcelino Gonzalez, Petitioner v. Charles Scully, Superintendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5161. Rudolph L. Lucien, Petitioner v. Glenn K. Seidenfeld, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5241. Alan Humphrey, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5256. Andrew Mugercia, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5270. Larry Burrell, Petitioner v. George Bowen, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5428. Richard L. Dankert, Petitioner v. Jim Wharton, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5461. Devemon LeGrand, Petitioner v. Charles Scully, Superintendent, Green Haven Correctional Facility, Stormville New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5482. Leonard Ray Wilson, etc., Petitioners Cleo Wilson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5511. Gary Golden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5513. Sherry Watson, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY, NOVEMBER 13, 1984 205

No. 84-5516. George Albrecht, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5521. William Louis Greer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5522. Coda Lloyd Vice, Petitioner v. William French Smith, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5531. Norman Gerwitz and Gene Chekanow, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-5536. Quema Holloway, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5540. Maurillo Gonzales, Sr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5542. William Levy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5544. Victoria Link Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5546. Benjamin F. Wingfield, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-5549. Juhan Del Prado-Montero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5550. George J. Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-967. Territory of Guam, Petitioner v. Concepcion Okada. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun and Justice Rehnquist would grant certiorari, vacate the judgment and remand the case to the United States Court of Appeals for the Ninth Circuit for further consideration in hght of Public Law No. 98-454. 206 TUESDAY, NOVEMBER 13, 1984

No. 83-1971. Illinois, Petitioner v. Charles Washington. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting opinion by Justice White, with whom the Chief Justice and Justice Rehnquist join.

No. 83-6809. Bruce H. Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting opinion by Justice Brennan, with whom Justice Marshall joins.

No. 84-267. WilHam P. Clark, Secretary of the Interior, et al. Peti- tioners V. Southern Oregon Citizens Against Toxic Sprays, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Justice O'Connor would grant certiorari.

No. 84-5173. Gregory Bernard Roberts, Petitioner v. Maryland. Pe- tition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 84-5330. Stanley Payne, Petitioner u Illinois. Petition for writ of certiorari to the Appellate Court of lUinois, First District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 84-5336. Aaron Z. Gosberry, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Ilhnois, First District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 84-5271. Randolph K. Reeves, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 84-5370. David Dene Martin, Petitioners Ross C. Maggio, War- den, 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. 84-5498. James Mitchell De Bardeleben, Petitioner v. United States. Petition for wit of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White, joined by Justice Brennan, would grant certiorari to settle the conflict between the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Ninth Circuit with respect to the proper resolution of the issue involved in this case.

No. 84-5515. Marty Curran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White took no part in the consideration or decision of this petition. TUESDAY, NOVEMBER 13, 1984 207 Rehearings Denied

No. 83-6688. Jim Hunter, Petitioner v. New Mexico;

No. 83-6876. Harris J. Gelber, Petitioner v. John 0. Marsh, Jr., Secretary of the Army;

No. 83-6915. Calvin Beam, Petitioner v. Alabama;

No. 83-6998. Graydon Roger Boles, Petitioner v. Guilford Technical Institute;

No. 84-96. Inland Marine Industries, et al., Petitioners v. Fletcher L. Houston;

No. 84-5022. Lamont R. Birden, Petitioner v. Edward Conan, etc., et al.;

No. 84-5099. Harold Brady, Petitioner v. William French Smith, At- torney General, etc.;

No. 84-5248. John Ferenc, etc.. Petitioner v. Greg Paite, et al.;

No. 84-5259. Walter Shemerdiak, Petitioner v. Worker's Compensa- tion Appeals Board of the State of California; and No. 84-5294. In Re James E. Cooper, Petitioner. The petitions for rehearing are denied.

No. 84-5061. Beulah M. Caldwell, Petitioner v. A. H. Robins Com- pany. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Thomas R. Acevedo Boulder, CO Thomas Wade Fredericks James C. Alexander Madison, WI Robert A. Pasch Patrick A. Barry Fort Lauderdale, Jose E. Martinez FL Ellen L. Bayard Santa Fe, NM Gerald B. Richardson John L. Belanger Sterling Heights, Jacob E. Perica MI Mark Robert Bosniak Philadelphia, PA A. Harold Datz Alfred F. Boustany II Lafayette, LA Walter J. Landry Francis Anthony Boyle Champaign, IL Charles Bradford Craver 208 TUESDAY, NOVEMBER 13, 1984

Applicant City and State Movant

MichaelJ. Burdge Dayton, OH James T. Lynn Jr.

HaHHnnfiplrl NT iVlidictciTVripVicjpl XPqiiIctUi MaHHpn Sue A. Cavness Denver, CO Louise Gean Fink Smith Linda Christ Brunswick, ME Hugh Calkins Terrence Allen Councilor Ellisville, MO Gould H. K. Blair Patricia M. Crippen Marion, NY Mary Ellen Walsh Dennis W. Daley Encinitas, CA Daniel Sheldon Hentschke Edwin D. Davis II Daytona Beach, Anthony C. Musto FL Donald Edward Dawson Nashville, TN William Harris Farmer Michael Anthony DeFino Philadelphia, PA Nicholas J. Nastasi Robert B. Edmondson Long Beach, CA James K. Batchelor Timothy Walt Evens Phoenix, AZ Albert R. Vermeire Victra L. Fewell Little Rock, AR Thomas Milton Carpenter Elizabeth Williams Fox Philadelphia, PA Arthur Makadon Bruce Cameron Eraser Winston-Salem, John Franklin NC Morrow Corinne A. Goldstein Washington, DC Theodore L. Garrett Peter W. Hanschen San Francisco, CA Malcolm H. Furbush Michael F. Hoellering New York, NY James Stewart McClendon Michael W. Homer Salt Lake City, Francis Herbert UT Suitter Alvin Dillard Hooner Tuckaseffee NC Harold L Follev Jr.

John Michael Huey Tallahassee, FL J. Kendrick Tucker Vicki C. Jackson Washington, DC Mitchell Rogovin TUESDAY, NOVEMBER 13, 1984 209

Applicant City and State Movant

T IHyTT 1* T T TTT * 1 J- Joseph M. Jenkins Jr. Greenville, SC James Wright HortonTT J_ mi- T Thomas J. Kassm Atlanta, GA James W. Callison Jeffrey P. Kielbasa Tallahassee, FL Joseph C. Mellichamp III Marc Samuel Klein Newark, NJ Barry M. Epstein

T T\ Tr 1 Til. 'T A 1J James Duncan Kopemak Memphis, TN G. Phmp Arnold Joseph C. Kosarek Abbeville, LA Durwood W. Conque

Richard D. Lameier Cincinnati, OH Norman I. Barron John B. Langel rhilaaelpnia, rA Arthur Makadon Jim E. Lavine Houston, TX Calvin Alfred Hartmann John J. Lawless New York, NY John G. Hall Joseph F. Lawless Jr. Philadelphia, PA Sidney Bernstein Thomas Patrick Lenzer Atlanta, GA Judge James Harold Weeks David R. Lord Seattle, WA Andrew Douglas Gill David Erik Lundin San Diego, CA Michael J. Roberts Michael P. Lynch Olympia, WA Kenneth 0. Eikenberry Steven J. Mandelsberg New York, NY Harry Robert Varon Jim J. Marquez Lawrence, KS Sam A. Crow Karen L. Mathews Buffalo, NY Hilary P. Bradford Ralph Mark McCareins Chicago, IL Earl Alfred Jinkinson Richard McKenna New York, NY Herbert Russell Frisby Jr. Leslie Samuel Miller Los Angeles, CA Albert J. Miller R. Wilson Montjoy II Jackson, MS Edmund L. Brunini Marty Eugene Moore Gainesville, FL WilUam T. Swigert Rick J. Mundt Madison, WI Stephen Jon Meyer 210 TUESDAY, NOVEMBER 13, 1984

Applicant City and State Movant

Edward D. Ohlbaum Philadelphia, PA Samuel B. Ohlbaum Jeffrey Neal Paule Los Angeles, CA Leo Geffner Dorothy Ann Pendergast Gretna, LA John Mitchell Mamoulides Vernon S. Pitts Jr. Atlanta, GA Stephanie A. Keams Michael T. Rooney Oklahoma City, John M. Merritt OK Steven Richard Rothman Englewood, NJ Robert Alan Schandler David G. Rozzelle Washington, DC Vincent J. Curtis Jr. William Bruce Russell Roanoke, VA David Lyle Lawrence M. Schall Philadelphia, PA Stephen F. Gold Robert Ashley Schwartz Los Angeles, CA Roy M. Brisbois Nancy Garvin Shor Pearl River, NY Steven Babitsky WilHam J. Slattery Santa Monica, CA David Allen Ziskrout David Charles Smith Fairfax, VA George Findley Griffith II Michael Paul Smith Los Angeles, CA Charles Franklin Gorder Jr. Theodore F. Stebbins Columbus, OH David Clark Stebbins Jefferson D. Stewart Jackson, MS John Marshall Grower Charles Kenneth Stowe Greenville, IL Freeman Douglas Marti WilHam E. Taylor III Houston, TX Calvin Alfred Hartmann Betty Rutland Todd Jackson, MS Suzanne Newton Saunders James Huston Toms Hendersonville, Brian Paul NC Murphy Lee Rangeley Wallace Washington, DC Elliott M. Seiden Donald J. Werner Massapequa Park, Murray Pudalov NY WHHam H. White Houston, TX Stephen Daily Susman TUESDAY, NOVEMBER 13, 1984 211

Applicant City and State Movant

Julius Anthony Williams Jr. Philadelphia, PA Leon W. Tucker Allan Yon Kwong Wong Boston, MA Irving S. Meyers

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Uavia Hi. Kobbms rJroomall, rA Judge Clement J. McGovem Jr. Leonard i bier New Brunswick, Konald otuart JNJ Kolsky oteven J . r>oaa iifdison, IN J Konald otuart Kolsky iimotny ivl. oasey Woodbridge, NJ Konaid btuart KolsKy Jerome J. Convery Uld bridge, JNJ Konald otuart Kolsky Marcia Ann Crowe New Brunswick, Konald otuart NJ Kolsky Bernard John Czech Hopelawn, NJ Konald otuart Kolsky

James P. Durek Woodbridge, IN J Konald otuart Kolsky Constantine George Gevas Hjdison, JNJ Konald otuart Kolsky Robert Howard Goodwin New Brunswick, Konald otuart NJXT T Kolsky Joel bemard Cjottlieb Carteret, NJ Konald otuart Kolsky William i. rlartn Jr. Woodbridge, JNJ Konald otuart Kolsky Thaddeus Joseph Hubert Morristown, NJ Ronald Stuart III Kolsky Louis J. R. Kady Carteret, NJ Ronald Stuart Kolsky Kenneth John Lebrato New Brunswick, Ronald Stuart NJ Kolsky Nancy Ann Lottinville Morristown, NJ Ronald Stuart Kolsky 212 TUESDAY, NOVEMBER 13, 1984

Applicant City and State Movant

Robert Joseph Mascenik Woodbridge, NJ Ronald Stuart Kolsky Julia Louise McClure New Brunswick, Ronald Stuart NJ Kolsky James Warren Millner New Brunswick, Ronald Stuart NJ Kolsky Stephen Charles Orosz New Brunswick, Ronald Stuart NJ Kolsky Diane Pincus New Brunswick, Ronald Stuart NJ Kolsky William B. Puskas Jr. New Brunswick, Ronald Stuart NJ Kolsky Mark Jay Richman Edison, NJ Ronald Stuart Kolsky Robert S. Sequin Milltown, NJ Ronald Stuart Kolsky

Richard J. Simon New Brunswick, Ronald Stuart NJ Kolsky Abraham Wilson Piscataway, NJ Ronald Stuart Kolsky Steven P. Barsamian Philadelphia, PA Judge Francis James Catania Matilda Beasley Bixby Media, PA Judge Francis James Catania Hugh J. Bracken Havertown, PA Judge Francis James Catania John J. Breen Drexel Hill, PA Judge Francis James Catania Richard Michael Cappelli Media, PA Judge Francis James Catania Edward J. Carney Jr. Media, PA Judge Francis James Catania Stephen Carroll Media, PA Judge Francis James Catania Joseph V. Catania Media, PA Judge Francis James Catania Lawrence Howard Cohn Chester, PA Judge Francis James Catania TUESDAY, NOVEMBER 13, 1984 213

Applicant City and State Movant

Joseph J. DelSordo Media, PA Judge Francis James Catania Jeanne M. Dunn Media, PA Judge Francis James Catania Stephen A. Durham Media, PA Judge Francis James Catania Lawrence R. Dworkin Media, PA Judge Francis James Catania Shelly Glenn Farber Media, PA Judge Francis James Catania Gene A. Foehl Media, PA Judge Francis James Catania Beverly Hawley Foster Wayne, PA Judsre Francis James Catania Barbara Kadish Hamilton Media, PA Judge Francis James Catania J. Joseph Herring Jr. Media, PA Judge Francis James Catania Kristine F. Hughey Media, PA Judge Francis James Catania Vincent Gabriel lannello Jr. Media, PA Judge Francis James Catania Bruce A. Irvine Newtown Square, Judge Francis PA James Catania Eugene F. Jarrell III Media, PA Judge Francis James Catania Nicholas James Kelly III Media, PA Judge Francis James Catania Joseph E. Lastowka Jr. Media, PA Judge Francis James Catania Thomas Hill Burke Fisher Media, PA Judge Francis Lawrie Jr. James Catania Keith N. Leonard Haverford, PA Judge Francis James Catania Nicholas S. Lippincott Media, PA Judge Francis James Catania George E. Litterer Media, PA Judge Francis James Catania 214 TUESDAY, NOVEMBER 13, 1984

Applicant City and State Movant

William Charles Mackrides Media, PA Judge Francis James Catania Daniel Joseph Maisano Media, PA Judge Francis James Catania Mi Baksh Majeed Lansdowne, PA Judge Francis James Catania Joseph T. Mallon Media, PA Judge Francis James Catania Vincent B. Mancini Media, PA Judge Francis James Catania Stephen Thomas Martin Philadelphia, PA Judge Francis James Catania Walter A. McClatchy Jr. Philadelphia, PA Judge Francis James Catania Teresa Ann Miller Media, PA Judge Francis Jaijies Catania Steven B. Moss Media, PA Judge Francis James Catania Edward J. O'Brien Haverford, PA Judge Francis James Catania Anthony Francis Pinnie Media, PA Judge Francis James Catania Mark S. Pinnie Media, PA Judge Francis James Catania Brian S. Quinn Havertown, PA Judge Francis James Catania John T. Salvucci Swarthmore, PA Judge Francis James Catania Francis T. Sbandi Media, PA Judge Francis James Catania Richard Augustine Stanko Media, PA Judge Francis James Catania M. Emmons Stivers Media, PA Judge Francis James Catania Allen Harold Tollen Media, PA Judge Francis James Catania Virgie M. Vakil Media, PA Judge Francis James Catania TUESDAY, NOVEMBER 13, 1984 215

iVlUVcUlL

David T. Videon Media, PA Judge Francis James Catania William J. Weber Jr. Philadelphia, PA Judge Francis James Catania Thomas P. Cadden Meriden, CT Norman J. Chachkin Kevin W. Condon Ansonia, CT Norman J. Chachkin Gary A. Hale Ansonia, CT Norman J. Chachkin Barbara J. Hampton Southbury, CT Norman J. Chachkin Peter E. Melien New Haven, CT Norman J. Chachkin Antoinette Leone Ruzzier Hartford, CT Norman J. Chachkin Angelo Paul Sevarino West Hartford, Norman J. CT Chachkin Frederick F. Ward II West Hartford, Norman J. CT Chachkin John R. Whalen Ansonia, CT Norman J. Chachkin

Adjourned until Monday, November 26, 1984 at 10 o'clock. X

(JOURNAL) MONDAY, NOVEMBER 26, 1984 217 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam

No. 83-1045. United States Department of Justice, et al.. Petitioners

V, Anthony Provenzano; and

No. 83-5878. Alfred B. Shapiro and Gregory J. Wentz, Petitioners v. Drug Enforcement Administration. On writs of certiorari to the United States Court of Appeals for the Third Circuit and the United States Court of Appeals for the Seventh Circuit. The motion of respondent in No. 83-1045 for summary affirmance of the judgment is denied. The motion of petitioners in No. 83-5878 for summary reversal is denied. The judgments are vacated and the cases are remanded to the Courts of Appeals for further proceedings in conformity with the opinion of this Court. Dissenting statement by Justice Stevens in No. 83-1045. Opin- ion per curiam.

No. 83-6775. Lillian Thompson, Petitioner v. Louisiana. On petition for writ of certiorari to the Supreme Court of Louisiana. Petitioner's motion for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is reversed and case remanded to the Supreme Court of Louisiana for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam.

Appeals—Summary Disposition

No. 84-349. Ellen Gibney, et al.. Appellants v. Toledo Federation of Teachers, et al. Appeal from the Court of Appeals of Ohio, Lucas County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-640. Martha B. Gaunce, Appellant v. National Transportation Safety Board and Federal Aviation Administration. Appeal from the United States Court of Appeals for the Ninth Circuit. The appeal is dis- 218 MONDAY, NOVEMBER 26, 1984 missed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-5506. Bernie J. E. Dingle, Appellant u Calvin D. Simpkins, etc. Appeal from the Supreme Court of South Carolina. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-366. Ray Bell Oil Company, Inc., Appellant v. New Mexico. Appeal from the Court of Appeals of New Mexico. The appeal is dismissed for want of jurisdiction.

No. 84-499. Fred V. Sasso, Appellant v. Ram Property Manage- ment, et al. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of a substantial federal question.

No. 84-5459. J. E. W,, Appellant, v. Estate of John Doe. Appeal from the District Court of Appeal of Florida, First District. The appeal is dismissed for want of a substantial federal question.

Orders in Pending Cases No. A-335. Robert E. Lockwood and Mary Warren Lockwood, Ap- plicants V. United States. The application for stay addressed to Justice Blackmun and referred to the Court is denied. No. D-448. In the Matter of Disbarment of Willis Walter Holloway, Jr. Disbarment order entered.

No. D-462. In the Matter of Disbarment of James C. Collier. It is ordered that James C. Collier, of Orlando, 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. 83-1362. Cleveland Board of Education, Petitioner v. James

Loudermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v. Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of

Education, et al. The motion of City Respondents in No. 83-6392 for correction of caption and for divided argument is denied.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Man- agement. The motion of Willard Bronger, et al. for leave to file a brief as amici curiae is granted. The motion of Margaret Cheeseman, et al.

for leave to file a brief as amici curiae is granted.

No. 83-6808. Eugene Dalton, Petitioner v. United States, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. MONDAY, NOVEMBER 26, 1984 Ziy

Petitioner is allowed until December 17, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

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

No. 84-248. Alfred Pino, Appellant v. District Court of the Second Judicial District's Children's Court, etc. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-627. City Council of the City of Chicago, Petitioner v. Mars Ketchum, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-483. Arkansas Public Service Commission, et al. , Petitioners

V. Southwestern Bell Telephone Company. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice O'Connor took no pait in the consideration or decision of this order.

No. 84-494. National Labor Relations Board, Petitioner v. Machin- ists Local 1327, International Association of Machinists, etc., et al. The motion of respondents Lapinski, et al. to expedite consideration of this case and No. 84-528, Lapinski v. Machinists Local 1327 and to consolidate with No. 83-1894, Pattern Makers' v. NLRB is denied.

No. 84-5029. Eugene Paleno, Appellant v. Robert C. Quinn, etc. The motion of appellant for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 84-5108. Frank Liparota, Petitioner v. United States. The motion for appointment of counsel is granted and it is ordered that William T. Huyck, Esquire, of Chicago, Illinois, is appointed to serve as counsel for the petitioner in this case.

Appeal-Jurisdiction Noted

No. 84-497. William D. Ruckelshaus, Administrator, United States

Environmental Protection Agency, Appellant v. Union Carbide Agri- 220 MONDAY, NOVEMBER 26, 1984 cultural Products Co., et al. Appeal from the United States District Court for the Southern District of New York. In this case probable jurisdiction is noted. Justice O'Connor took no part in the consideration or decision of this case.

Certiorari Granted

No. 84-476, Robert McDonald, Petitioner v. David I. Smith. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 84-320. National Farmers Union Insurance Companies and

Lodge Grass School District No. 27, Petitioners v. Crow Tribe of In- dians, et al. The motion of respondents LeRoy Sage and Flora Not Afraid 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. 84-351. Atascadero State Hospital and California Department of

Mental Health, Petitioners v. Douglas James Scanlon. 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. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri

Board of Probation and Parole, Petitioners v. Nicholas J. Romano. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 84-501. Barry Mintzes, Warden, Petitioner v. Nealy Buchanon. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 83-1903. Morris Mechanical Enterprises, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-2081. Leif R. Sigmond, Petitioner v. United States;

No. 83-6929, Mack Barnes, Petitioner v. United States; and No. 83-6952. Herbert G. Case, Jr., Petitioners. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, NOVEMBER 26, 1984 221

No. 83-6774. Eugene You-Chi Soong, Petitioner v. Hofstra Univer- sity. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6792. Larry Wayne Jones, Petitioner v, A. L. Lockhart, Di- rector, Arkansas Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6874. Franklin Garrett, Petitioner v. Oklahoma. Petition for writ of certiorari to the Supreme Court of OklalToma denied.

No. 83-6903. Reggie C. Madeley, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6953. William Alton Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6964. Paul Frank Throckmorton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-7009. Daniel Joseph Zavolta, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-7010. Brenda J. DePriest, Petitioner v. Sammie Lynn Puett, Commissioner, Tennessee Department of Human Services, et al. Peti- tion for writ of certiorari to the Court of Appeals of Tennessee, West- em Division, denied.

No. 83-7017. Terry L. Gann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-7025. Rudolph L. Lucien, Petitioner v. Kenneth L. McGinnis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-7044. Lloyd Franklin Mays, Petitioners R.K. Procunier, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-7048. Abdullah Ramadan Shabazz, Petitioner v. L. T. Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 222 MONDAY, NOVEMBER 26, 1984 j

No. 84-104. Russell Redhouse, Jr., Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-113. Heights Community Congress, Petitioner v. Veterans Administration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-114. Kenneth R. Amidon, Donald H. Lajoie and James M.

Elwood, Petitioners v. Casper Weinberger, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-140. Thomas Wendell Holliday, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-184. Williams Pipe Line Company, Petitioner v. Farmers Union Central Exchange, Inc., et al.;

No. 84-185. Texas Eastern Transmission Corporation, Petitioner v.

Farmers Union Central Exchange, Inc., et al.; and

No. 84-186. Association of Oil Pipe Lines, Petitioner v. Farmers

Union Central Exchange, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-195. Ohio Power Company, Petitioner v. United States Envi- ronmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-201. August Urbanek, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-266. Joseph Venneri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-268. A-1 King Size Sandwiches, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-272. Cornelius Chapman Scott, III, Petitioner v. Adeline Claudia Scott. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-285. William C. Lampton, Petitioner v. Don Bosse, Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, NOVEMBER 26, 1984 223

No. 84-289. David Mendia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-347. James Shaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-362. Glass Packaging Institute, et al.. Petitioners v. Donald T. Regan, Secretary of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-393. Wachovia Bank and Trust Company, N.A., Petitioner v. William K. Banister. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-395. Jerome H. Field, Petitioner v. Commissioner, Immigra- tion and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-454. L. E. Morrison, et ux.. Petitioners v. County of San Diego. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 84-472. Gary Francis Wilson, Petitioner v. Richard L. Dugger,

Superintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-475. Laughlin Recreational Enterprises, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-484. Margo Berkovitz, et al. , Petitioners v. Islamic Repubhc of Iran and Group of Kavir, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-493. S. E. Johnson Company, et al.. Petitioners v. Arthur S. Langenderfer, Inc. and Northern Ohio Asphalt Paving Co.; and

No. 84-508. Arthur S. Langenderfer, Inc. and Northern Ohio As- phalt Paving Co., Petitioners v, S. E. Johnson Company, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-511. Transcon Lines, Petitioner v. Manchester Products Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. i 224 MONDAY, NOVEMBER 26, 1984

No. 84-512. DeHavilland Aircraft of Canada, Ltd. , Petitioner v. Cris- pin Maunder, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 84-515. Margaret Spaulding, et al., Petitioners v. University of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. (

No. 84-516. Anthony Delmonaco, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 84-521. Edwin P. Kriegesmann, Petitioner v. Barry-Wehmiller Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-522. Victor Dante and Edward Levine, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-523. Varsted C. Jizmejian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-524. United States Fire Insurance Company, Petitioner v. Gene L.-Cavanaugh and Cathy Cavanaugh. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-529. Ed Jones, Chairman, Subcommittee on Services of the United States House of Representatives' Committee on House Admin- istration, et al.. Petitioners v. Anne W. Walker. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-530. Roman Welyczko, Petitioner u U. S. Air, Inc., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-531. Charles P. Mahoney, Petitioner v. Frank J. Trabucco, Commissioner of Massachusetts Department of Public Safety, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-534. Hugh James Quigley, Petitioner v. First Federal Sav- ings and Loan Association of Winter Haven. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 84-536. Mark Landsberg, Petitioner v. Scrabble Crossword Game Players, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, NOVEMBER 26, 1984 225

No. 84-538. Eleanor Snyder, Executrix of the Estate of Leroy Lilje- dahl, Petitioner v. Bruton Smith. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-539. MOL, Inc., Petitioner v. Peoples Republic of Bangla- desh. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-541. Eric S. Smith, Petitioner v. Kentucky Bar Association. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-543. Warren L. Smith, Petitioner v. Contra Costa County Su- perior Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-546. McGill Incorporated, Petitioner v. John Zink Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-547. Travis Ward, Petitioner v. Sentry Title Co., Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. * No. 84-551. United Presbyterian Church of the United States of

America, et al. , Petitioners v. First Presbyterian Church of Schenec- tady, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-552. Joseph H. Stanziani, et al.. Petitioners v. Kaseem Cole- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-554. MA^ "Albert F," Petitioner v. Industria Nacional del Papel, C.A. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-557. Manuel Agromayor, Petitioner v. Severo Colberg. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-558. Clem Perrin Marine Towing, Inc. , Petitioner v. Panama Canal Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-560. Walter Podrog and J. Frank Manning, etc.. Petitioners V. Waring, Cox, James, Sklar & Allen. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. No. 84-561. G. M. Shupe, Inc., Petitioner u Dravo Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 226 MONDAY, NOVEMBER 26, 1984

No. 84-562. Nicolet Instrument Corporation, Petitioner v. Bio-Rad Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-565. Massachusetts, Petitioner v. Paul Donovan. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 84-574. Paul Vario, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 84-576. William A. King, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, County of Los Angeles, denied.

No. 84-580. John H. Bradley, Petitioner v. Caspar W. Weinberger, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-584. Land & Lake Tours, Inc., Petitioner v. Elizabeth Dole, Secretary of the Department of Transportation, and the United States Coast Guard. Petition for writ of certiorari to the lAiited States Court of Appeals for the Eighth Circuit denied.

No. 84-596. John DiSalvo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-597. William B. Chapman, Petitioner v. National Aeronautics and Space Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-609. Bryant R. Britt, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-611. Robin Dooley and Patrick Matz, Petitioners v. Jerome

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

No. 84-614. Sally Cord Hummel, et al.. Petitioners v. Mont Pelerin Corporation, N, V. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-615. Ronald Strawser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 84-619. Charles F. McLaughlin, Petitioner u Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, NOVEMBER 26, 1984 227

No. 84-642. Edward Ross Knezevich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-655. Moses Hana, Petitioner v. Raih-oad Retirement Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-660. Humberto Calero and Luis Amoldo Botero, Petitioners

V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5008. Peter Leahey, Petitioner v. Michael Hanrahan, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5018. Paul Solina, Petitioner v. United States; and

No. 84-5214. Ronnie Bruscino, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5036. Tyrone Victor Boone, Petitioner v. Sebastian Valenti, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5051. Burl Anderson Howell, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-5054. Julian B. Rodriguez, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-5074. Charles E. Lentz, Petitioners Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5132. Terry Mitchell, Petitioner v. United States; and

No. 84-5133. Alvin Mitchell, etc., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5164. Elliott Brender, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5227. Barry J. Hoffman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 228 MONDAY, NOVEMBER 26, 1984 M " No. 84-5297. Nathaniel Davis, Petitioner v. Thomas Fulcomer, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. I No. 84-5329. Rufus Junior Mincey, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 84-5375. Glen Hicks, Jr., Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-5417. Jerry Lewis Thomas, Petitioner v. John Brown, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5432. Debra Melanie Udell, Petitioner v. District of Columbia Court of Appeals Committee on Admissions. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 84-5439. Arthur Brennan Malloy, Petitioner u T. C. Martin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5440. Howard Williams, Petitioner v. Fulton County Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5446. Ralph J. Seagle, Petitioner v. Harry L. Allsbrook, Su- perintendent, Odom Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5452. Jules M. Boivin, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-5456. William Staples, Petitioner v. Mark Towne, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5457. Dennis C. Fulsom, Petitioner v. Carl White, Superin-

tendent, Moberly Training Center. Petition for writ of certiorari to the ; United States Court of Appeals for the Eighth Circuit denied.

No. 84-5462. David Chow, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 84-5464. Philip Alexander Tomarchio, Petitioner v. The Eighth

Judicial District Court of Nevada, et al. Petition for writ of certiorari to I the Supreme Court of Nevada denied.

v. No. 84-5467. Johnny Bradley, Petitioner Richard DeRobertis, J Warden. Petition for writ of certiorari to the United States Court of ' Appeals for the Seventh Circuit denied. MONDAY, NOVEMBER 26, 1984 229

No. 84-5468. Henry Lee, Petitioner v. New York City Police Labora- tory. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 84-5469. Allen Stanbeary, Jr. , Petitioner v. Illinois Prison Re- view Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5480. Abdullah Ramadan Shabazz, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-5487. Larry Graves, Petitioner v. James P. Tinney, III, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5488. Gilbert Gomez, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5489. Edward Clifton Cleveland, Jr., Petitioners. Richard L. Duggerf Superintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5490. Ali El-Tayeb, Petitioner v. United Progress, Inc. Peti- tion for writ of certiorari' to the United States Court of Appeals for the Third Circuit denied.

No. 84-5496. George Washington Kennedy, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5499. Charles E. Larsen, Petitioner v. Oklahoma, et al. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-5501. William Ray Johnson, Petitioner v. Yellow Freight Sys- tem, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5503. David L. Worthy, Jr., Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New

York, Fourth Judicial Dept. , denied.

No. 84-5517. Troy Dace, Petitioner v. Herman S. Solem, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 230 MONDAY, NOVEMBER 26, 1984 \

No. 84-5519. Edwrick V. Fowler, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 84-5528. Barbara Piatkowska, Petitioner v. Industrial Indemnity Company. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied.

No. 84-5532. Jimmy Louis Philhps, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-5533. Randall G. Stephens, Petitioner v. William S. Sneath, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5534. Larry Raymond Smith, Petitioner v. Steve Welker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5537. Elvert Street, Jr., Petitioner v. George H. Collins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5539. John D. Coleman, Petitioner v. Robert Corbin, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6541. Robert Leo Dunlap, Petitioner v. Tennessee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5557. Nicholas James Romano, Petitioner v. Lee Roy Black, Director, Department of Corrections and Human Resources. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5558. Katie Laretta Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5559. Jorge Eliecer Salazar Lobo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5562. James Edward McFadden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5570. Harry H. Franks, Petitioner v. Larry V. Starcher, Judge. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. MONDAY, NOVEMBER 26, 1984 231

No. 84-5571. John Huey Honore, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-5573. Donald Lee Espenshade, Petitioner v. Pennsylvania State University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5574. John A. Ellsworth, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5575. Everett Henry Boone, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5577. Lewis Henderson, Petitioner v. CaHfomia. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-5580. Calvin Brooks Zeigler, Petitioner v, Frank D. Gris- wald. Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5587. Ralph Brumbach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-5588. In the Matter of Wendy Marie Baker, Petitioner. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied.

No. 84-5641. Lonnal R. Davenport, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-5651. Allen Glenn Finke, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-5657. William David Harris, Petitioner v. J. F. Tompkins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1845. Alpha Otis O'Daniel Stephens, Petitioner v. Ralph Kemp, Superintendent, Georgia Diagnostic & Classification Center. The order entered December 13, 1983 staying execution of sentence of death is vacated. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting statement by Justice Stevens.

No. 83-6866. Alvin Means, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth 232 MONDAY, NOVEMBER 26, 1984

Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan joins in this case and in No. 84-605, post.

No. 84-328. George Washington Cooper, III and Jerry Herbert Jones, Petitioners u United States;

No. 84-5163. John C. McCulloch, Petitioner v. United States;

No. 84-5219. Ferrol "Bud" McKinney, Petitioner v. United States; and

No. 84-5319. Frances Lockamy, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 84-470. Weyerhaeuser Company, Petitioner v. Western Seas

Shipping Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 84-390. Leon S. Wolk, Petitioner u Supreme Court of New Jer- sey. The motion of petitioner to defer consideration of the petition for writ of certiorari is denied. The motion of petitioner for reinstatement to the Bar of this Court is denied. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 84-427. Janet A. Moore, Petitioner v. George P. Shultz, Secre- tary of State, et al. The motion of petitioner to defer consideration of the petition for writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 84-453. California, Petitioner v. Walter McCovey, Jr. and Lance R. Wilkie. The motion of respondent Walter J. McCovey, Jr., for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of California denied.

No. 84-466. Ohio, Petitioner v. Michael Burkholder. 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. 84-491. Chevron Chemical Company, Petitioner v. Richard Le- ander Ferebee, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No, 84-503. Betty Adams, et al.. Petitioners v. Union Carbide Cor- poration. Petition for writ of certiorari to the United States Court of

I ! MONDAY, NOVEMBER 26, 1984 233

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

No. 84-605. Marvin Roth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan joins in this case and in No. 83-6866, ante.

No. 84-5134. Harlin PhiUip Seritt, Jr., Petitioner v. Alabama. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall would grant certiorari.

No. 84-5389. Ehgaah Ardalle Jacobs, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-5425. James Clifford Fisher, 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. 84-5491. Hugh W. Melson, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, West- em Division, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall. No. 84-5530. William Groseclose, Petitioner u Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

Common Law Certiorari Denied

No. 84-478. In Re August J. C. Egle, Petitioner. Petition for writ of common law certiorari denied.

Rehearings Denied

No, 83-1715. Richard Gajewski, Petitioner v. Commissioner of Inter- nal Revenue;

No. 83-1755. Brotherhood of Teamsters, Local No. 70, Petitioner v. California Consolidators, Inc.;

No. 83-1832. Jimmie Alexander, Petitioner v. Los Angeles County, et al.; No. 83-1950. Mary jean McAllister and Judith E. Kline, Petitioners V. Gulf Federal Savings and Loan Association; No. 83-2003. Gretchen Hemingway, Administratrix of the Estate of

Glen R. Hemingway, Deceased, Petitioner v. Ochsner Clinic, etc.; 234 MONDAY, NOVEMBER 26, 1984 | No. 83-2008. Don Ray Phinney, Petitioner v. First American Na- tional Bank; No. 83-2019. Edward M. Zolla, Petitioner u United States; I No. 83-2028. James W. Butler, Petitioner u Federal National Mort- gage Association; No. 83-2040. Wilcomb E. Washburn, Petitioner u Lelia K. Washburn; No. 83-2109. Rodney E. Dominey, Petitioners Atchison, Topeka & Santa Fe Railway Company;

No. 83-2164. Nicholas Angleton, et al.. Petitioners v. Samuel R. Pierce, Jr. Secretary, United States Department of , Housing and Ur- ban Development, et al.;

No. 83-6580. Doyle Edward Skillem, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections;

No. 83-6670. Nellie Washington Roy, et al.. Appellants v. City of Middletown; No. 83-6778. Donald Ray Thomas, Petitioner u Gerber Productions, et al; j

No. 83-6811. Charles Silagy, Petitioner v. Illinois;

No. 83-6827. Melvin Avon Wesson, Petitioner v. Thomas A. Coughlin;

No. 83-6833. Brandon A. Jones, Petitioner v. Robert 0. Francis, Warden;

No. 83-6873. Arshard Baig, Petitioner v. United States;

No. 83-6882. Victor Roberts, Petitioner v. Georgia; | No. 83-6910. Matthew Leo Faison, Petitioner v. Florida, et al.; No. 83-6939. Robert Lee Brown, Petitioner u William B. Flure, et al.;

No. 83-6947. Dolores Novel, Petitioner v. Judge Patrick Picariello, et al.;

No. 83-7002. Paul William Polin, et ux., Petitioners v. Jews for Jesus, et al; No. 83-7008. Chris N. Perry, Appellant u District of Columbia;

No. 83-7027. Sadie Smith, Appellant v. Chattanooga-Hamilton County Hospital, et al.; No. 84-11. Lowell M. Stroom, Petitioner u 'James E. Carter, formerly President of the United States, et al.;

No. 84-85. Ellis Wayne Felker, Petitioner v. Georgia; \

No. 84-208. August (Gus) Caito, Appellant v. Indiana;

No. 84-247. Lavaun Chetister, Appellant v. James G. Chetister; MONDAY, NOVEMBER 26, 1984 235

No. 84-5046. Theodore H. Ingram, Petitioner v. Industrial Commis- sion of Illinois (North Central Airlines);

No. 84-5049. Joseph Carl Shaw, Petitioner v. Joseph R. Martin, Warden;

No. 84-5062. Joan Gumz, et al., Petitioners v. Pioneer Nursing Home, et al.; No. 84-5080. Leroy L. McKee, Petitioners. AMAF Industries, Inc.;

No. 84-5089. Amjad Baig, Petitioner v. United States;

No. 84-5093. Nancy Walker, Petitioner v. Navajo-Hopi Indian Re- location Commission;

No. 84-5095. Jerome Frank Harris, Petitioner v. District of Colum- bia Department of Employment Services;

No. 84-5217. Beatrice L, Robinson, Appellant v. Governor James Thompson, et al.;

No. 84-5284. Manuel Fuentes, Petitioner v. Fred Ross, etc.;

No. 84-5296. James E. Cooper, Petitioner u J. 0. Davis, Warden;

No. 84-5300. Brenda G. Royster, Petitioner v. Ronald W. Adams, et al.; No. 84-5382. In Re Bal K. Thaper, Petitioner; and No. 84-5404. William Walter Perry, Petitioner u A. L. Lockhart, Di- rector, Arkansas Department of Corrections. The petitions for rehearing are denied.

No. 83-1916. Jarboe-Lackey Feedlots, Inc., Petitioner v. United States. The motion of petitioner to withdraw the petition for rehearing is denied. The petition for rehearing is denied.

No. 83-2005. Bertram Zweibon, et al., Petitioners v. John N. Mitch- ell. The petition for rehearing is denied. Justice Rehnquist took no part in the consideration or decision of this petition. No. 84-5287. Talakkottur R. David, Petitioner u American Tele- phone and Telegraph Company, et al. The petition foi* rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael D. Abzug Los Angeles, CA Alvin S. Michaelson Don Almerico Destrehan, LA Joel T. Chaisson 236 MONDAY, NOVEMBER 26, 1984

Applicant City and State Movant

Joseph Fletcher Anderson Edgefield, SC Raymond Kiefer Jr. Wicker Steven Michael Angel Oklahoma City, Carl Douglas OK Hughes Thomas Michael Antone Washington, DC Joseph E. Casson WilHam M. Aul San Diego, CA Arthur W. Campbell Stephen Fletcher Avery Spencer, lA Leo E. Fitzgibbons John Achim Baade Tucson, AZ Janice A. Wezehnan David A. Baker Milwaukee, WI James P. Brody Dennis Joseph Barron Cincinnati, OH James Ralph Adams Dale W. BeU Emporia, KS Michael Clinton Helbert Jonathan A. Bernstein Washington, DC David Schwartz Michael Jackson Betts Pittsburgh, PA Walter T. McGough Agnes Thornton Bird Maryville, TN H. Morris Denton Ronald L. Bliss Anchorage, AK Michael H. Woodell Philip David Bogdanoff Akron, OH Frederic L. Zuch Ralph Arthur Bradley Eugene, OR John Earle Bonine Michael Zane Buncher Lambertville, NJ Richard Erwin Shapiro John Thomas Burhans Grand Rapids, MI Albert R. DiUey Brian B. Burke Milwaukee, WI Daniel J. Burke Charles L. Bussey Jr. St. Louis, MO Darold E. Crotzer Jr. William P. Byrne New York, NY Victor S. Cichanowicz Ted R. Cackowski Austin, TX James S. Damron J. Gerard Callahan Jr. Dayton, OH John T. Shanks Catherine J. Capuano Waterbury, CT Walter H. Scanlon William Castro Miami, FL Vincent J. Flynn Cathy Ann Christian Sacramento, CA Daniel George Stone A

MONDAY, NOVEMBER 26, 1984 237

Applicant City and State Movant

Joseph Mario Ciarciaglino St. Petersburg, George M. Jr. FL Osborne Gerard S. Citera Washington, DC David Anthony Sirignano Beniamin Clarke Highland Park, Eugene J. NJ Sullivan Tom p. Conom Lynnwood, WA John Andrew Hoglund David L. Crutchfield Oklahoma City, Joe E. Edwards OK Cathleen Mary Curl Palo Alto, CA Robert Oscar Wilhelm Deanne L. Darling Oregon City, OR Michael Damian Walsh Frank Edmund Deale New York, NY Morton Stavis David B. Deda PhUUps, WI Danny Lee Cowser Aubrey E. Denton Lafayette, LA Thomas Robert Shelton

' David M. Donaldson Philadelphia,IT PA Maria Parisi Vickers Arthur Thomas Donato Jr. Media, PA S. Stanton Miller Jr. Robert Lawrence Dunn San Francisco, CA James R. Bancroft Ralph Daniel Dwyer Jr. New Orleans, LA Richard Henry Speidel William Brown Ellis Richmond, VA Lee Bernard Zeugin W. Gaston Fairey Columbia, SC John Watson Williams Jr. Peter D. Fenzel New York, NY Charles G. Herbermann Jr. Scott A. Fink San Francisco, CA Robert Stanley Venning

Joseph Leo Fitzgibbons Estherville, I Francis Fitzgibbons Mark Fleming Trenton, NJ Michael R. Cole William Charles Fleming Stamford, CT Joseph R. Fogarty 238 MONDAY, NOVEMBER 26, 1984

Applicant City and State Movant

Daniel Robert Foley Honolulu, HI Arthur Ngiraklsong Ronald L. Futterman Chicago, IL Aram A. Hartunian Michael Daniel Gayda Los Angeles, CA Eddie R. Island Michael S. Glassman Cincinnati, OH Stephen Sloan Eberly Douglas R. Grim Portland, OR John Raymond Gilbertson William Allen Grocholski Fayette, AL Ronald L. Davis George A. Hahn New York, NY Gabriel B. Schwartz John C. Hamilton South Bend, IN Timothy William Woods J. Michael Hansen Salt Lake City, LeRoy S. Axland UT Stewart M. Hanson Jr. Salt Lake City, LeRoy S. Axland UT Daniel H. Harmon Jr. Benton, AR Ray Baxter J. Mark Hart Birmingham, AL J Ross Forman IV Rodney T. Hartman Billings, MT Arthur F. Sampson III Bruce Steven Harvey Atlanta, GA Frank Lynn Derrickson Janice Marie Hayes Las Vegas, NV Harry Reid Berge M. Heede Jr. Philadelphia, PA Robert George Sur Joseph R. Henri Anchorage, AK Leroy Eugene DeVeaux Robert L. Hinkle Tallahassee, FL John Karl Aurell Allwin E. Horn III Birmingham, AL J. Ross Forman III A. E. Dick Howard Charlottesville, John Wesley VA Baker Deborah S. Hunt Frankfort, KY Donna L. Boyce Terrance Joseph Ingrao New York, NY Stephen A. Fritz Lloyd J. Jordan St. Louis, MO Darold E. Crotzer MONDAY, NOVEMBER 26, 1984 239

Applicant City and State Movant

Scott T. Jordan Reno, NV John A Lefcourte Philip Alan Ken- Sacramento, CA Douglas Latham Lashley Leo Ihor Keryczynskyj Chicago, IL Richard J. Troy Steven L. Komstein Boston, MA Dante G. Mummolo Dennis William Lane Seattle, WA Phil Mahoney Chuck Lanehart Lubbock, TX Clifford W. Brown Alexander T. LaBrecque Elmira, NY Vemando Joseph Bonsignore Goodman Griffin Ledyard Mobile, AL Samuel M. McMillan Karen Lea Long Oklahoma City, Arthur R. Angel OK Chanoch Lubling Brooklyn, NY Edwin Scott Joanne Cain Marier New Orleans, LA WilUam R. Campbell Jr. Patricia A. Martone New York, NY Herbert Frederick Schwartz Steven Anthony Mayans Cincinnati, OH Susan Judy Dlott David L. Mazaroli New York, NY Jeffrey Lee Neandross Thomas Anthony McAdam Louisville, KY George S. III Schuhmann Craig Mehrens Phoenix, AZ Thomas Arthur Thinnes Harry Garabed Melkonian Malibu, CA Louis Nizer John David Mickus Los Angeles, CA M. Walter Hulkower W. Currie Milliken BowHng Green, PhilUp Irl KY Huddleston Irwin Jerome MilUnger East Brunswick, Ronald Stuart NJXT T Kolsky Harry J. Morel Jr. Hahnville, LA Joel T. Chaisson David F. Morris Oklahoma City, Arthur R. Angel OK Marsha Jones Moutrie Los Angeles, CA Robert M. Myers 240 MONDAY, NOVEMBER 26, 1984

Applicant Liiy ana otate Movant

Allene Downey Nicholson Miami, r L David L. Sullivan Swami Anutosh Nion Rajneeshpuram, Swami Premsukh OR Timothy J. Norris Miami, FL Aubrey V. KendaU Sharon 0 Keeie Providence, RI Susan E. McGuirl Michael John O'Shee Lafayette, LA Michael Ray Mangham Lee Ofman Nashville, TN William Donnell Young Jr. Robert Ohlbach San Francisco, CA Malcohn H. Furbush James Warren Olson Armour, SD Mark Vernon Meierhenry Carroll D. Padgett Jr. Loris, SC James P. Stevens Jr. Phillip Joseph Patrick Houston, TX Charles B. Swanner Ted L. Perryman St. Louis, MO W. Munro Robert Jr. Jacqueline Smith Pierce Jackson, MS Bowman Stirling Tighe Russell W. Porter Jr. Pittsburgh, PA Cloyd Rowe Mellott Nancy A. Regan Fair Oaks, CA Clarence D. Walters Rudolph F. Regez Monroe, WI Rodney 0. Kittelsen C. Wesley Richards Mount Vernon, Lawrence Edward WA Moller Susan M. Roberts Boston, MA Francis X. Bellotti William L. Robinson San Francisco, CA R. Frederic Fisher John F. Rogers Pittsfield, MA David 0. Burbank Kenneth E. Rogers Bartlesville, OK Thomas Leon Cubbage II Patrick Robert Russell Milwaukee, WI C. Donald Straub W. Michael Ryan Northampton, MA William H. Collins Jr.

i MONDAY, NOVEMBER 26, 1984 241

Applicant City and State Movant

Elizabeth Ann Marie Albuquerque, NM William Joseph Sanchez Lock Bernard L. Sanoff New York, NY Peter P. Garam Miguel SanPedro Miami, FL Humberto Aguilar Harry Sauthoff Jr. Madison, WI Robert A. Pasch Peter William Scalisi Huntington Dennis Allen Beach, CA McConaghy Ma Prem Sheelu Rajneeshpuram, Ma Prem Sangeet OR James A. Simpson Birmingham, MI Vivian B. Perry Kurt F. Sins Hahnville, LA Joel T. Chaisson Richard Paul Slivka Denver, CO Royce D. Sickler Stephen J. Smith Burlington, KS Michael Clinton Helbert Howard Richard Snyder Huntington, NY Frederick Peter Mose L. Vance Stanton Dallas, TX Dewey R. Hicks Jr. Stephen Shane Stark Santa Monica, CA Robert Michael Myers Harry P. Stinespring III Chicago, IL Jerry L. Lambert Vernon LaGrange Terrell New Orleans, LA WnUam F. Jr. Goodman Jr. Mark James Tidd Indianapolis, IN Linley E. Pearson John E. Tomlinson Atlanta, GA Paul Chapman Parker John Ward Trueax Denver, CO Robert C. Ozer Enrique N. Vela-Colon San Juan, PR Ramon Lloveras- Otero Lucius Stacy Weaver Jr. Fayetteville, NC John E. Raper Jr. David L. Weinstein Chicago, IL Sheldon Karon Rebecca Hanner White Cincinnati, OH Stephen Sloan Eberly

John Christopher Wiltse Falls City, NB Harold I. Mosher Christopher H. Wright Philadelphia, PA Judge Francis James Catania John Brundige Wyatt HI Dayton, OH Charles F. Buck Gerald F. Young Lansing, MI Louis J. Caruso 242 MONDAY, NOVEMBER 26, 1984

Applicant City and State Movant

Chris Robert Youtz Seattle, WA Anne Ellison Mickey

Admissions to the Bar on Oral Motions

Applicant City and State Movant

WilKam E. Kirk III Wilmington, DE WilHam E. Kirk

Richard Dillon Kirk Wilmington, DE WilHam E. Kirk Jr. Susan H. Kirk-Ryan Wilmington, DE William E. Kirk Jr.

Oral Arguments

No. 35, Original. United States of America, Plaintiff v. States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida. Argued by Mr. Louis F. Claiborne for the plaintiff and by Mr. John G. Proudfit for the defendant State of New York and Mr. J. Peter Doherty for the defendant State of Rhode Island.

No. 9, Original. United States of America, Plaintiff u State of Loui- siana, et al. Argued by Mr. Louis F. Claiborne for the plaintiff and by Mr. Jim R. Bruce for the defendant State of Mississippi and Mr. Benja- min Cohen for the defendant State of Alabama.

No. 82-1832. Town of HalHe, et al.. Petitioners v. City of Eau Claire. Argued by Mr. Claude J. Covelli for the petitioners and by Mr. Freder- ick W. Fischer for the respondent.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al.,

Petitioners v. United States. Argued by Mr. Allen I. Hirsch for the petitioners and by Mr. Lawrence G. Wallace for the respondent.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) TUESDAY, NOVEMBER 27, 1984 243 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

John David Nelson Lubbock, TX Kent Ronald Hance Kevin Patrick Donovan Alexandria, VA Edwin Cline Gillenwater John D. Tew FaUs Church, VA Edwin Cline Gillenwater Oral Arguments

No. 83-529. United States, Petitioner v. William Harris Sharpe and Donald Davis Savage. Argued by Mr. Andrew L, Frey for the petitioner and by Mr. Mark J. Kadish as amicus curiae in support of the judgment below, by special order of the Court, for the respondents. No. 83-963. Board of License Commissioners of the Town of Tiver- ton, Petitioner v. Louis H. Pastore, Jr., etc., et al. Argued by Ms. Kathleen Managhan for the petitioner and by Mr. John H. Hines,

Jr. , for the respondents. No. 83-1660. Charles M. Atkins, Commissioner of the Massachusetts

Department of Public Welfare, Petitioner v. Gill Parker, et al.; and

No. 83-6381. Gill Parker, et al., Petitioners v. John R. Block, Secre- tary, Department of Agriculture, et al. Argued by Mr. Samuel A. Alito for John R. Block, Secretary, Department of Agriculture, et al., by Ms. Ellen L. Janos for Charles M. Atkins, and by Mr. Steven A. Hitov for Gill Parker, et al. No. 82-2157. Central States, Southeast and Southwest Areas Pen-

sion Fund, et al.. Petitioners v. Central Transport, Inc., et al. Ar- gued by Mr. Russell N. Luplow for the petitioners, by Mr. Joshua L Schwartz for the United States as amicus curiae in support of the petitioners, by special leave of Court, and by Mr. Patrick A. Moran for the respondents.

Adjourned until tomorrow at 10 o'clock.

(JOURNAL) WEDNESDAY, NOVEMBER 28, 1984 245 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Michael Jeffrey Kator Washington, DC Irving Kator

Oral Arguments

No. 83-1590. Robert Francis, Warden, Petitioner v. Raymond Lee Frankhn. Argued by Ms. Susan V. Boleyn for the petitioner and by Mr. Ronald J. Tabak for the respondent.

No. 83-1625. United States, Petitioner v. Lyle Gerald Johns, et al.

Argued by Mr. Alan I. Horowitz for the petitioner and by Mr. William G. Walker for the respondents.

No. 83-1032. Federal Election Commission, Appellant v. National

Conservative PoHtical Action Committee, et al.; and No. 83-1122. Democratic Party of the United States and Democratic

National Committee, Appellants v. National Conservative Political Ac- tion Committee and Fund for a Conservative Majority. Argued by Mr. Charles N. Steele for the appellant in No. 83-1032, by Mr. Steven B. Feirson for the appellants in No. 83-1122, and by Mr. Robert R. Sparks, Jr., for the appellees in both cases. No. 83-1015. National Association for the Advancement of Colored

People, etc., et al., Appellants v. Hampton County Election Commis- sion, etc., et al. Argued by Mr. Armand Derfner for the appellants, by Mr. David A. Strauss for the United States as amicus curiae supporting appellants, by special order of Court, and by Mr. Treva G. Ashworth for the appellees.

Adjourned until Monday, December 3, 1984 at 10 o'clock. X

(JOURNAL) MONDAY, DECEMBER 3, 1984 247 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said:

"Today's orders of th'fe Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal—Summary Disposition

No. 84-717. Richard C. Lussy, Appellant v. Mark S. Davidson, et al. Appeal from the Supreme Court of Montana. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 83-7034. Richard P. Viccarone, Petitioner v. Drug Enforcement Administration, et al. 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 is granted. The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Seventh Circuit is vacated and the case is remanded to that court for reconsideration in light of Section 2(c) of the

Central Intelligence Information Act, Pub. L. 98-477, Stat. , and for such further proceedings as are indicated. See Shapiro v. Drug Enforcement Administration, 469 U.S. (1984).

Orders in Pending Cases

No. A-326. Edward Conrad Sawyer, Applicant v. United States. The application for release pending appeal addressed to Justice Brennan and referred to the Court is denied.

No. D-463. In the Matter of Disbarment of Larry W. Hopt. It is ordered that Larry W. Hopt, of Seattle, Washington, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-464. In the Matter of Disbarment of Marlin K. McDaniel. It is ordered that Marlin K. McDaniel, of Richmond, Indiana, be suspended from the practice of law in this Court and that a rule issue, returnable 248 MONDAY, DECEMBER 3, 1984 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-465. In the Matter of Disbarment of Michael A. Pelle. It is ordered that Michael A. Pelle, of North 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. 83-1545. Western Air Lines, Inc., Petitioner v. Charles G. Cris- well, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-1748. Allis-Chalmers Corporation, Petitioner v. Roderick S. Lueck. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The motion of Ameri- can Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae is granted. No. 83-1785. Air France, Petitioner u Valerie Hermien Saks. The motion of International Air Transport Association for leave to file a brief as amicus curiae is granted. The motion of The Republic of

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

No. 83-2146. Richard Wilson and Martin Vigil, Petitioners v. Gary Garcia. The motion for appointment of counsel is granted and it is ordered that Steven G. Farber, Esquire, of Santa Fe, New Mexico, is appointed to serve as counsel for the respondent in this case.

No. 83-2166. Philip Q. Zauderer, Appellant v. Office of Disciplinary Counsel of the Supreme Court of Ohio. The motion of American Civil

Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. The motion of petitioner for leave to file a supplemental brief after argument is granted.

No. 84-4. WiUiamson County Regional Planning Commission, et al.,

Petitioners v. Hamilton Bank of Johnson City. The motion of National

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

No. 84-28. Donald C. Brockett, Appellant v. Spokane Arcades, Inc., et al.; and No. 84-143. Kenneth Eikenberry, Attorney General of Washington, et al.. Appellants v. J-R Distributors, Inc., et al. The motion of Moral- ity in Media, Inc. for leave to file a brief as amicus curiae is granted. MONDAY, DECEMBER 3, 1984 249

No. 84-205. Virginia Department of Conservation and Economic

Development, et al., Petitioners v. William P. Clark, Secretary of the Interior, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 84-480. P. LA. Asheville, Inc., et al.. Petitioners v. North Caro- lina, ex rel., Rufus Edmisten, Attorney General. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-5350. Frederick Maxwell, Petitioner v. Pennsylvania. The respondent is invited to file a response to the petition for rehearing within thirty days.

No. 84-5564. Vojtech Dano, Petitioner v, Maria Szombathy. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 24, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co,, Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 84-5605. Moustafa Mohamed, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 24, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brmun v. Herald Co,, Inc, 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-2032. Immigration and Naturalization Service, Petitioner v, Bernardo Rios-Pineda and Estamilada Rios-Pineda De Rios. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 84-510. Aspen Skiing Company, Petitioner v. Aspen Highlands Skiing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 83-1624. United States, Petitioner v, James Vincent Albertini. Petition for writ of certiorari to the United States Court of Appeals for 250 MONDAY, DECEMBER 3, 1984 the Ninth Circuit granted. In addition to the question presented in the petition, the parties are requested to address the following question: Whether the respondent's attendance at the "open house" at Hickam Air Force Base on May 16, 1981, was the kind of reentry that Congress intended to prohibit in 18 U. S. C. Section 1382? No. 84-433. School Committee of the Town of Burlington, Massachu- setts, et al., Petitioners v. Department of Education of the Common- wealth of Massachusetts, et al. The petition for a writ of certiorari to the United States Court of Appeals for the First Circuit is granted limited to Questions I and V presented by the petition.

No. 84-5240. Maria Lucie Jean, et al.. Petitioners v. Alan Nelson, Commissioner, Immigration and Naturalization Service, et al. Motion of petitioners for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit granted.

Certiorari Denied

No. 83-1836. Melvin M. Burton, Jr., Petitioner v. Board of Profes- sional Responsibility of the District of Columbia Court of Appeals. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-1986. Harold Haimowitz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Coxirt of Appeals for the Eleventh Circuit denied.

No, 83-2073. Bette Ruth S. Ferguson, Petitioner v, Harry N. Wal- ters, Administrator of the Veterans Administration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-6990. Richard A. Lauchli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-223. Triple "A" Machine Shop, Inc., Petitioner u Southwest Marine, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-236. Joseph Alberici, Petitioner v. United States. Petition for writ of certiorari to the Uniteid States Court of Appeals for the Third Circuit denied.

No. 84-241. William Garvey, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. MONDAY, DECEMBER 3, 1984 251

No. 84-324. David Lee Gamble, Petitioner v. Anita Marie Van Der Eyken. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 84-332. Agency Holding Corporation, et al.. Petitioners v. Malley-Du£f & Associates, Inc.; and

No. 84-340. Crown Life Insurance Company, et al., Petitioners v. Malley-Duff & Associates, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-338. A & P Steel, Inc., Petitioner v. Rosebud Sioux Tribe. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-352. John Cody, et al.. Petitioners v. Raymond J. Donovan, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-358. Local 1814, International Longshoremen's Association,

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. 84-404. John Christopher Beale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-407. Delbert Paul Hoskins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-460. Clifton S. Greene, Petitioner u New York City Health & Hospital Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-492. Melvin Arrington, Jr., Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 84-563. Century Air Freight, Inc., Petitioner v. American Air- lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-567. John L. Nord, Jr., Petitioner v, Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 84-568. Phillip D. Armstrong, Trustee of the Estates of Layne

A. Lindberg and Barbara Jean Lindberg, Petitioner v. Layne A. Lind- berg and Barbara Jean Lindberg. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 252 MONDAY, DECEMBER 3, 1984

No. 84-569. Pennzoil Company, Petitioner v. Public Service Commis- sion of West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-570. Joan Ranee Vuyanich, et al., Petitioners v. Republic Na- tional Bank of Dallas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-582. Spyridon Kollias, Petitioner v. Bay Tankers, Inc., et al. i Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-583. Hosea Lorenzo Williams, Petitioner v. Wayne Melton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-602. City of Alameda, Petitioner v. Premier Communications Network, Inc. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 84-613. EMI Limited, Petitioner u William Bennett, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-618. Willie R. Bratton, Administrator of the Estate of Sarah

Mallissia Bratton, Deceased, Petitioner v. Safeway Stores, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-622. Eddie Steamship Company Ltd., Petitioner v. P. T. Karana Line. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-624. Haralabos Manetas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit deniedc

No. 84-625. Sharon Gale Taylor, Petitioner v. California Unemploy- ment Insurance Appeals Board (San Diego State University, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-674. John Napoli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-704. Tropigas, S. A., Petitioner v. Richard Anderson, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. MONDAY, DECEMBER 3, 1984 253

No. 84-705. Miguel M. Tapia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-726. Elizabeth M. Brady, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-737. Samuel T. Gindes, et ux., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 84-5260. Joseph H. Shaw, Petitioner v. Joseph Dixon, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5282. Paul R. Layton, Petitioner v, Florida Parole and Proba- tion Conmiission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5314. Alexander Kulik, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 84-5473. James Alex Bollin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5551. Paul Martin Winchester, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-5552. Julius Petrofsky, Petitioner v, Intermountain Research and Engineering Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5561. Robert Barrows, et al.. Petitioners v. Idaho, et al. Peti- tion for writ of certiorari to the Supreme Court of Idaho denied.

No. 84-5563. John Tarrant, Petitioner v. Joseph Ponte, Superintend- ent, Massachusetts Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5565. Ronald Telepo, Petitioner v. Judge Diana, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5567. David Allen Moore, Petitioner v. Nathan Rice, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 254 MONDAY, DECEMBER 3, 1984

No. 84-5569. Samuel Earl Williams, Petitioner v, Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5576. David Garcia, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 84-5578. Brian Rothschild, Petitioner v. Robert Carroll, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5579. Harvey Johnpoll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5581. Stephen Rodger Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-5583. Dennis Schirripa, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5584. Mark Vlasic, Petitioner v, R. J. Lippman, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5586. Robert L. Bennett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5589. Archie Travis Beldin, et al.. Petitioners u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5590» Markus C. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-5600. Lowery W. Webb, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5603. Alex Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5604. Anthony R. Martin-Trigona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, DECEMBER 3, 1984 255

No. 84-5615. Michael Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5617. John Willard Reed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5619. Timothy Lee Ruble, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the ~ Eleventh Circuit denied.

No. 84-5620. Richard Owen Long, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5621. Lorenzo Lawrence Jose de la Luz Gallegos, Petitioner

V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5629. Ted Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5633. Bernardo Sando, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5638. Clinton David Labadie, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5639. William W. Foster, Petitioner v. Raymond V. Clifford, Clerk. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5643. Willie Arthur Parker, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5645. Richard M. Wolff, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5646. Patrick Stanley, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5647. John R. Mazak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 256 MONDAY, DECEMBER 3, 1984

No. 84-5652. John Howard Hirsch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-5653. Milton W. Greene, Jr., Petitioners United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-2089. Larry W. Burdgick, Petitioner v, Florida. The motion of respondent to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 84-188. Energy Reserves Group, Inc., et al.. Petitioners v. De- partment of Energy, et al. Petition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-594. Alvin W. Smith, Petitioner v. Honeywell, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. The Chief Justice took no part in the consideration or decision of this petition.

Noc 84-608. Westinghouse Electric Corporation, et al., Petitioners v. S/S Leslie Lykes, etc. and Lykes Bros. Steamship Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

NOo 84-5606. Roy Lee Engberg, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. Dissenting statement by Justice Brennan and Justice Marshall.

Rehearings Denied

No. 83-6468. James Askew, Petitioner u F& W Express, Inc., et al.;

No. 83-6832. Durlyn Eddmonds, Petitioner v, Illinois;

No. 84-5002. Donald R. Willis, Petitioner v, Raymond K Procunier, Director, Texas Department of Corrections;

No. 84-5073. James Walton Mack, Jr., Appellant v. W. R. Grace Company, et al.;

No. 84-5206. Charles M. Albanese, Petitioner v. Illinois;

No. 84-5244. Joseph J. Attwell, et ux., Petitioners v, U. S. Postal Service, et al.; and MONDAY, DECEMBER 3, 1984 257

No. 84-5249. Walter Stewart, Petitioner v. Illinois. The petitions for rehearing are denied.

No. 83-6862. James Walton Mack, Jr., Petitioner v, American Tele- phone and Telegraph Company, et al. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Monday, December 10, 1984, until

Monday, January 7, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

David F. Anderson Spartanburg, SC Fletcher D. Thompson Georgia Vaught Anderson Spartanburg, SC Fletcher D. Thompson William 0. Ashcraft Dallas, TX Michael David Wims Edwin Thomas Basl Reno, NV Mills Lane Carl Warren Behner Winslow, AR Judge Johnny Ralph Lineberger Gregory P. Borgognoni Miami, FL Philip Bloom Norman C. Bourget Augusta, ME Joseph M. O'DonneU Alice Ann Bruno New Haven, CT Richard Greenwood Bell Armando J. Bucelo Jr. Miami, FL WiDiam H. Karo Norma Chase Pittsburgh, PA James Anthony Wymard Robert Joseph Costello New York, NY Rudolph William Giuliani William Vinson Cummings Spartanburg, SC John Bruce Foster John Furman Daniel Jr. Greenville, SC Barney Oveyette Smith Jr. David A. Deem Vincennes, IN Arthur L. Hart 258 MONDAY, DECEMBER 3, 1984

Applicant City and State Movant

Dennis W. DeCuir Sacramento, CA Martin McDonough Michael Diamond westneia, jnj Ronald Stuart Kolsky iNicnoias v^. uiriaZZSL lYiount omaiy in i Vincent DePaul Farrell Richard James Driscoll Philadelphia, PA Constance B. Foster wiiiiam A, Jiiagies \jrranam, inv^ Susan Beth Kaplan joei \j, x-^stes oan jjiego, kjA Dewitt A. Higgs Barry Seth Feigenbaum Hartford, CT John Rose Jr. jvennetn j . r lorence Los Angeles, CA Seymour Swerdlow xvooert d onn vjraiietie HiSsex, kji Ronald Lee Souders Michael Jules Garson New York, NY Kenneth K. Fisher James Hamilton Geer Jr. Colimibia, SC Terry Bruce McDaniel Richard Kevin Gienapp Sterling Heights, Paul Douglas lYLl Womack Jr. Howard Warren Goldstein New York, NY Donald J. Zoeller Tkir TT XT T> 1_ George Monroe Hannen Newport Beach, Raymond Richard CA Famell George R. Hirsch Livingston, NJ Mark Richard Decker braoiey John Histed Oxford, OH James G. Robinson T* 1 J T» TT n* Ronald R. Hollinger Kansas City, MO James R. Wyrsch Daniel 0. Kellogg Renton, WA Slade Gorton Allen Wayne Kimbrough Dallas, TX Michael Lewis Parham Stuart Libicki Los Angeles, CA Laurence David Steinsapir Deborah Joyce Long Birmingham, AL Foumier J. Gale ] ni

Gerald L. Maatman Jr. Chicago, IL Francis D. i Morrissey

I MONDAY, DECEMBER 3, 1984 259

Applicant City and State Movant

Thomas Redmond Matias Albany, NY James J. Cahill Joseph B. McDonald Greenlawn, NY Charles G. Herbermann Jr. Frank Bobbitt McGregor Hillsboro, TX David B. Kultgen Jr. Mark P. McMahon Longview, TX John M. Smith Donald Merkin San Diego, CA Lee B. Bartell Daniel John Micciche Dallas, TX Herbert Spencer Kendrick Tony George Miller Birmingham, AL Founder J. Gale III Gary Allan Moreland Medina, OH L. Thomas Skidmore Charles W. Murdock Chicago, IL Jill Wme-Banks John Paul Nicoara Peoria, IL Richard Lane Steagall William J. O'Shea New York, NY Jules L. Wacht John Paul Parks Lakeland, FL John Fredric Wendel John Terrance Peoples Berkeley Heights, John S. Luckstone NJ Stephen S. Phillips Philadelphia, PA John G. Harkins Jr. Bertram Polls Tucson, AZ Walter B. Nash III John H. Quinn III St. Louis, MO Frank N. Gundlach Cynthia Dersh Schein Los Angeles, CA Irving Dersh Jon Michael Smith Gilmer, TX John M. Smith Michael Joseph Stecher San Francisco, CA Duane Brooks Beeson Sharon Lee Stedman Orlando, FL Dennis Joseph WaU David W. Steuber Los Angeles, CA Leonard S. Janofsky John E. Stively Jr. West Chester, PA Judge John S. Halsted Donald Richard Stricklin Houston, TX Calvin Alfred Hartmann 260 MONDAY, DECEMBER 3, 1984

Applicant City and State Movant

Walter Wright Thompson Clarksdale, MS Ralph E. Chapman Swami Prem Vikas Rajneeshpuram, Swami Prartho OR Subhan James Robert Vogler Chicago, IL Duane Matthew Kelley Lawrence J. Warren Renton, WA Slade Gorton David S. Weiss Boston, MA James F. O'Brien Robert Kent Westberry Marion, KY Alan Edward Sears Dori Ann Wind Houston, TX Marsha L. Wolowic Wendy Ann Wood Port Clinton, OH Frank William Reinheimer Cathy S. Wright Birmingham, AL Foumier J. Gale III Marion R. Stout Yagman Los Angeles, CA Charles R. Garry

Admissions to the Bar on Oral Motions

Applicant City and SUte Movant

Stephanie Lyle Benson New York, NY FrandsJ. Lorson Walter K. Coffin Colonial Heights, John F. VA Cunningham Hugh James McMenamin Richmond, VA John F. Cunningham James A. UUman Phoenix, AZ Frederick John Krebs

Oral Arguments

No. 83-1362. Cleveland Board of Education, Petitioner u James

Loudermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v, Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of Education, et al. Argued by Mr. James G. Wyman for the petitioners in Nos. 83-1362 and 83-1363 and the respondents in No. 83-6392, and by MONDAY, DECEMBER 3, 1984 261

Mr. Robert M. Fertel for the respondents in Nos. 83-1362 and 83-1363 and the petitioner in No. 83-6392. No. 83-1878. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Larry Leon Chaney, et al. Argued by Mr. Ken- neth S. Geller for the petitioner and by Mr, Stephen M. Kristovich for the respondents.

No. 83-1623. Phyllis A. Anderson, Petitioner v. City of Bessemer City, North Carolina. Argued by Mr. Jonathan Wallas for the petitioner, by Ms. Carolyn F. Corwin for the United States and the Equal Employment Opportunity Commission as amid curiae supporting petitioner, by special leave of Court, and by Mr. Philip M. Van Hoy for the respondent.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Management. Argued by Mr. John Murcko for the petitioner and by Mr. Edwin S. Kneedler for the respondent.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) TUESDAY, DECEMBER 4, 1984 263 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinion

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., 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 Stevens. Concurring opinion by Justice O'Connor with whom Justice Powell joins.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Paul J. Dubow San Francisco, CA Eugene W. Bell Kevin Kim Fitzgerald Los Angeles, CA Eugene W. Bell Cimron Campbell Washington, DC Michael P. Farris Oral Arguments

No. 83-812. George C. Wallace, Governor of the State of Alabama, et al., Appellants v. Ishmael Jaf&ee, et al.; and

No. 83-929. Douglas T. Smith, et al.. Appellants v. Ishmael Jaffi-ee, et al. Argued by Mr. John S. Baker, Jr., for the appellants, by Mr. Paul M. Bator for the United States as amicus curiae^ by special order of the Court, and by Mr. Ronnie L. Williams for the appellees.

No. 83-1075. Central Intelligence Agency, et al.. Petitioners v, John Cary Sims and Sidney M. Wolfe; and

No. 83-1249. John Cary Sims and Sidney M. Wolfe, Petitioners v. Central Intelligence Agency and William J. Casey, Director, Central Intelligence Agency. Argued by Mr. Richard K. Willard for the petitioners in No. 83-1075 and the respondents in No. 83-1249, and by Mr. Paul Alan Levy for the respondents in No. 83-1075 and the petitioners in No. 83-1249.

No. 83-1708. Dean Witter Reynolds Inc., Petitioner v. A. Lamar Byrd. Argued by Mr. Eugene W. Bell for the petitioner and by Mr. Eric V. Benham for the respondent. 264 TUESDAY, DECEMBER 4, 1984

No. 83-1452. R. Anthony Marrese and Michael R. Treister, Peti-

tioners V, American Academy of Orthopaedic Surgeons. Argued by Mr. Charles W. Murdock for the state of Illinois, et al. as amid curiae in support of petitioners, by special order of the Court, by Mr. Michael T. Sawyer for the petitioners and by Mr. D. Kendall Griffith for the respondent.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) WEDNESDAY, DECEMBER 5, 1984 265 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Breiman, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Randall R. Rader Washington, DC Solicitor General Rex E. Lee Stephen J. Markman Washington, DC Solicitor General Rex E. Lee Dee V. Benson Salt Lake City, Solicitor Greneral UT Rex E. Lee Thomas Dee Parry Washington, DC Solicitor General Rex E. Lee

I. Leo Motiuk Flemington, NJ Mary Ann Burgess Timothy Dean Lucas West Covina, CA Michael J. Pangia

Oral Arguments

No. 83-990. School District of the City of Grand Rapids, et al.. Peti- tioners V, Phyllis Ball, et al. Argued by Mr. Kenneth F. Ripple for the petitioners, by Mr. Michael W. McConnell for the United States as

amicus curiae y pro hoc vicCy by special leave of Court, and by Mr. A. E. Dick Howard for the respondents.

No. 84-237. Yolanda Aguilar, et al.. Appellants v. Betty-Louise Felton, et al.; No. 84-238. Secretary, United States Department of Education,

Appellant v. Betty-Louise Felton, et al.; and No. 84-239. Chancellor of the Board of Education of City of New York, Appellant v. Betty-Louise Felton, et al. Argued by Mr. Solicitor General Rex E. Lee for the appellants and by Mr. Stanley Geller for the appellees. No. 83-1437. Jeffrey Marek, Thomas Wadycki and Lawrence Rhode, Petitioners v. Alfred W. Chesny, Individually and as Administrator of the Estate of Steven Chesny, Deceased. Argued by Mr. Donald G. Pe- terson for the petitioners, by Mr. Jerrold J. Ganziried for the United WEDNESDAY, DECEMBER 5, 1984

States as amicus curiae j by special order of the Court, and by Mr. Vic- tor J. Stone for the respondent.

Adjourned until Monday, December 10, 1984 at 10 o'clock. X (JOURNAL) MONDAY, DECEMBER 10, 1984 267 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, and Justice O'Connor. The Chief Justice said: "Toda/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. 84-5332. Steven Smith, Petitioner v. Illinois. On petition for writ of certiorari to the Supreme Court of Illinois. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is reversed and case remanded to the Supreme Court of Illinois for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice Powell join.

Appeals—Summary Disposition

No. 83-6673. Rodrigo Rodrigues, Appellant v. Hawaii. Appeal from the Supreme Court of Hawaii. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 84-150. Wisconsin Elections Board, et al.. Appellants v. Re-

publican Party of Wisconsin, et al. Appeal from the United States Dis- trict Court for the Eastern District of Wisconsin. The judgment is vacated and the case is remanded to the United States District Court for the Eastern District of Wisconsin with instructions to dismiss the complaint.

No. 84-603. George Freeman, Appellant v. Washington. Appeal from

the Court of Appeals of Washington, Division 1. 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. 84-658. Frontier Properties, etc., et al., Appellants v. Thomas

D. Elliott, etc., et al.; and John M. Ross, Appellant v. Standing Com- mittee on Discipline, etc. Appeal from the United States Court of Ap- peals for the Ninth Circuit. The appeal is dismissed for want of jurisdic- 268 MONDAY, DECEMBER 10, 1984 tion. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 84-55. Employers National Insurance Company, Petitioner v. Jorge Ochoa. On writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit. The judgment is vacated and the case is remanded to the United States Court of Appeals for the FifthXircuit for further consideration in light of Pub. L. 98-426. No. 84-97. William B. Robinson, Former Commissioner of Bureau of

Corrections of Pennsylvania, et al.. Petitioners v. Stanton Story, et al., etc. On petition for writ of certiorari to the United States Court of Ap- peals 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 Pennhurst v. Halderman, 465 U.S. • (1984). Justice White, Jus- tice Blackmun and Justice Stevens dissent. No. 84-115. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v, Mario Lopez, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of respondents Mario Lopez, et al. for leave to proceed informa pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit to be remanded to the United States District Court for the Central District of California with instructions to: (1) remand the cases of the named respondents to the Secre- tary for review pursuant to Section 2(d)(2)(C) of the Social Security Disability Benefits Reform Act of 1984; (2) make any necessary clarifications in the definition and scope of the class; (3) remand the cases of the unnamed class members to the Secretary for proceedings pursuant to Section 2(d)(3) of that Act; and (4) take other actions appropriate in hght of that Act.

No. 84-5412. Raymond L. Lindsey, Petitioner v. United States Bu- reau of Prisons, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of the Solicitor General's present interpretation of Fed. R. Crim. P. 32 asserted in his brief filed November 14, 1984, on behalf of the respondents. MONDAY, DECEMBER 10, 1984 269

Orders in Pending Cases

No. A-417. Billy Joe Nichols, Applicant v. United States. The application to recall and stay the mandate addressed to Justice Brennan and referred to the Court is denied. No. D-456. In the Matter of Disbarment of Francis Edward O'Brien. Disbarment order entered.

No. IX-466. In the Matter of Disbarment of Bobby L. Hill. It is ordered that Bobby L. Hill, of Savannah, 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-467. In the Matter of Disbarment of Howard Allen McGlasson, Jr.. It is ordered that Howard Allen McGlasson, Jr., of Savannah, 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-468. In the Matter of Disbarment of Lawrence James DlAngelus. It is ordered that Lawrence James DiAngelus, of Media, 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. 79, Original. State of Oklahoma, Plaintiff v. State of Arkansas. The motion of plaintiff to dismiss the bill of complaint is denied.

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. The Report of Special Master on motion of the National Governors' Association for leave to intervene is received and ordered filed.

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioner v. Pa- cific Stationery and Printing Co. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-1492. National Railroad Passenger Corporation, Appellant v. Atchison, Topeka and Santa Fe Railway Company, et al.; and No. 83-1633. Atchison, Topeka and Santa Fe Railway Company, et sd.. Appellants v. National Railroad Passenger Corporation. The motion of the Solicitor General for divided argument is granted. 270 MONDAY, DECEMBER 10, 1984

No. 83-1673. Donald J. Devine, Director, Office of Personnel Man- agement, Petitioner u Allison E. Nutt, et al. The motion of the Solici- tor Greneral to dispense with printing the joint appendix is granted.

No. 83-2161. Montana, et al.. Petitioners v. Blackfeet Tribe of Indi- ans. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 84-4. Williamson County Regional Planning Commission, et al..

Petitioners v. Hamilton Bank of Johnson City. The motion of California, et al. for leave to participate in oral argument as amid curiaCy 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. 84-48. United States, Petitioner v. Hughes Anderson Bagley.

The motion for appointment of counsel is granted and it is ordered that Thomas W. Hillier, II, Esquire, of Seattle, Washington, is appointed to serve as counsel for the respondent in this case. No, 84-68. Kerr-McGee Corporation, Petitioner u Navajo Tribe of Indians, 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. 84-262. Mountain States Telephone and Telegraph Company, Petitioner u Pueblo of Santa Ana. The motion of Public Service Com- pany of New Mexico 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. 84-438. Superintendent, Massachusetts Correctional Institution,

Walpole, Petitioner v, Gerald Hill and Joseph Crawford. The motion for appointment of counsel is granted and it is ordered that Jamie Ann Sabino, Esq., of Wellesley, Massachusetts, is appointed to serve as counsel for the respondents in this case. No. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri Board of Probation and Parole, Petitioners u Nicholas J. Romano. The motion for appointment of counsel is granted and it is ordered that Jordan B. Cherrick, Esquire, of St. Louis, Missouri, is appointed to serve as counsel for the respondent in this case.

No. 84-851. Mobil Oil Corporation, et al.. Applicants v. Dow Jones & Company, Inc., et al. The application for stay or temporary injunctive relief addressed to the Chief Justice and referred to the Court is de- MONDAY, DECEMBER 10, 1984 271 nied. Justice Marshall, Justice Powell and Justice O'Connor took no part in the consideration or decision of this application. No. 84-5662. Mark Christopher Wright, Petitioner u United States. The application for stay addressed to Justice Marshall and referred to the Court is denied.

Appeals—Jurisdiction Noted

No. 84-571. Harry N. Walters, Administrator of Veterans* Affairs, et al., Appellants v. National Association of Radiation Survivors, et al. Appeal from the United States District Court for the Northern District of California. In this case probable jurisdiction is noted.

No. 84-592. Norman Williams and Susan Levine, Appellants v. Ver- mont, et al. Appeal from the Supreme Court of Vermont. In this case probable jurisdiction is noted.

Certiorari Granted

No. 84-5743. Brian Keith Baldwin, Petitioner v. Alabama. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Alabama granted.

Certiorari Denied

No. 83-2060. Bob A. Clapps, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-2160. Robert Lee Elliott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6481. Enoch Dickinson, Jr., Petitioner v. Mary Peeples. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6908. Oscar J. Nichols, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-82. William Robert Parker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Texarkana, denied. No. 84-87. Kenneth D. Hanes, Petitioner u Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 272 MONDAY, DECEMBER 10, 1984

No. 84-168. Raymond J. Even, Petitioner v. National Guard Bureau and John A. Johnston. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-311. Dominic Albert DeAngelis, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-348. W. L. Ballard, Petitioner u Paul Blount, etc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-367. Tober Saifer Shoe Company, Petitioner u Robert Lee Allman and James Larry Poston. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-368. Patino's, Inc., Petitioner v. James Larry Poston and Robert Lee Allman. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-379. Clark Oil & Refining Corporation, Petitioner v. Alpine Shipping Company, et aL Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-410. O'Connell Machinery Company, Inc., Petitioner u M. V. "Americana," et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-451. Jefferson County Conmiunity Center for Developmental

Disabilities, Inc., Petitioner v. National Labor Relations Board. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-459. Paul E. Nelms, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 84-461. Piscataway Township Board of Education, Petitioner v. T. G. and P. G., Individually and on behalf of their infant child, D. G., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-467. Carter-Glogau Laboratories, Inc., Petitioner u National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-469. Stewart W. Williams, Petitioner u Virginia National Bank. Petition for writ of certiorari to the Court of Appeals of Washing- ton, Division 1, denied. MONDAY, DECEMBER 10, 1984 273

No. 84-593. Travis N. Beeson, Petitioner u Henry E. Hudson, etc., et d. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-599. Vintero Corporation, Petitioner v. Corporation Venezo- lana de Fomento. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-601. Wheeling Pittsburgh Steel Corporation, Petitioner u Douglass M. Duffy. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-607. Laborers' International Union of North America, AFL-

CIO, Petitioner v, Pasquale Petramale, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-639. Clark B. Gathercole, Petitioner v. Global Associates. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-665. J. A. Massaro, et al.. Petitioners v. Brotherhood of Loco- motive Engineers, et al. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973, denied. No. 84-669. James Porter, Petitioner u Peter Butterick, Commis- sioner for the Borough of Beach Haven, New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-671. Eddie Rye, Jr. and Andrea Rye, Petitioners v. Seattle Times Company, et al. Petition for writ of certiorari to the Court of

Appeals of Washington, Division 1, denied.

No. 84-676. Frank E. Bamett, Petitioner v. United Air Lines, Inc. and Association of Flight Attendants. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-686. Fizer Corporation t/a The Go Go Rama, Petitioner v, John F. Vassallo, Jr., Director, New Jersey Division of Alcoholic Bev- erage Control. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-729. J. D. Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-758. Vincent Caci, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 274 MONDAY, DECEMBER 10, 1984

No. 84-759. Robert Wagman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-771. L. Robert Leisner, Petitioner v. Victor S. Bahou, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-781. Iowa Express Distribution, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5063. Raymond B. Weatherless, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5081. Darwin Neil Kinzhuma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5085. Glen David Curry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5104. Larry O'Neal Champion, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-5116. Eva M. Brodine, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5257. Jerry Wayne Smith, et al., Petitioners u Kansas, et al. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 84-5262. Robert E. Barnes, Petitioner v, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Van Wert County, denied.

No. 84-5321. Darlene Fuller, Petitioners William E. Osborne, Sher- iff, Tazewell County. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5322. John Earl Lemeron, Petitioner v. Larry Powers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5430. Frank E. Forrester, Petitioner v. Chase Manhattan Bank. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, DECEMBER 10, 1984 275

No. 84-5441. Henry C. Mysliwiec, Petitioner v. Raymond Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5466. Shelton Roberts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-5553. Maria Vega-Barvo, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5591. Ronald Cooley, Petitioner v, Crispus Nix, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5592. John M. Ferenc, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 84-5593. Robert A. Burton, Petitioner v. American District Telegraph Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5595. Joseph V. Foster, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 84-5596. Carl 0. Cunningham, Petitioner v. Manfred Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-5611. Frederick A. R. Drew, Petitioner v, Augusta Brice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5612. Ernest Larsen, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-5654. Joseph Braxton McKinney, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-5658. David Culp, Petitioner u United States Parole Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-5667. Paul Andre DeBordez, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 276 MONDAY, DECEMBER 10, 1984

No. 84-5669. Julio Berriel-Ochoa, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-5671. Allan Ray Hattaway, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5674. Wilbert Brown, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5686. Michael William Gaynor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-5693. Donald Black, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5694. Walter J. Lawrence, Sr., Petitioners. Commissioner of Internal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5697. Eugenio Zaldivar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5698. Ronnie Vigil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5705. Larry E. Stead, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No, 84-5708. Oscar P. Rowell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Noo 84-5709. Robert Carl Robinson, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5711. Melvin E. Jones, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-5715. Alphonso D'Arco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, DECEMBER 10, 1984 277

No. 84-169. John N. Brown, Warden, Petitioner v. Larry Leon Chaney. The motion of respondent for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting opinion by The Chief Justice with whom Justice White and Justice Rehnquist join.

No. 84-5399. Howard Monteville Neal, Petitioner v. Mississippi. Pe- tition for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5609. Roosevelt Green, Jr., Petitioner v. Walter D. Zant, Superintendent, Georgia Diagnostic & 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. 84-5613. Walter Hill, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5642. John William Rook, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Superior Court of North Carolina, Wake County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5672. Davidson Joel James, III, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Brennan and Justice Marshall.

Rehearings Denied

No. 84-5324. Phillip Brown, Petitioner u Lansome Newsome, War- den, et al.; and

No. 84-5450. In Re Delano Benjamin Harris, Petitioner. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Alan K. Achen Los Angeles, CA Vincent N. Tittle David Arthur Acton West Palm Beach, Barry E. Krischer FL John Charles Ale Houston, TX Judge Edward Allen Tamm 278 MONDAY, DECEMBER 10, 1984

Applicant City and State Movant

Peter Louis Altieri New York, NY Malcolm A. Ho&iann Benjamin Vahan Ammeian Los Angeles, CA Constance Arlene Bynum Bridget Arimond Chicago, IL Judson Hirsch Miner Saundra Brown Armstrong Oakland, CA Solicitor General Rex E. Lee Robert Michael Aurbach Santa Fe, NM Frank A. Murray Diana A. Bell Los Angeles, CA George Xanthos Lazar Benrubi San Diego, CA Vincent N. Tittle Jan Bond St. Louis, MO Jerome Anthony Diekemper Alexander D. Bono Philadelphia, PA Edwin P. Rome Carl W. Breeding Lexington, KY David James Obradovich Joyce Murphy Brooks Charlotte, NC George Shackleford Daly Jr. Edward Franklyn Butler Memphis, TN David D. Silberberg Steven D. Caley Dothan, AL Thomas Edward Haigh Jerry Leroy Carlton Dallas, TX Dewey R. Hicks Jr. Thomas H. Caruolo Providence, RI Dennis J. Roberts II Barbara Ann Casino San Diego, CA Peter Norman Larrabee Clifton George Caudle Chattanooga, TN Thomas 0. Helton Lonnie E. Chunn New Braunfels, David A. TX Schlueter Bennett M. Cohen San Francisco, CA Albert R. Abramson Richard A. Cross Riverside, CA William Robert DeWolfe James E. Dobrott Jr. Irvine, CA Coby N. KeUer Robert Allan Dutton Coeur d'Alene, ID Michael M. Downes MONDAY, DECEMBER 10, 1984 279

Applicant Citv and State Movant

Frank D. Eaman Detroit, MI Clarice Jobes Paul Robert Ezatoff Jr. Tallahassee, FL Larry R. Morgan Thomas Allen Forbes Austin, TX Lloyd P. Lochridge Jr. James Jeffiries Goodwin Sacramento, CA Rodney A. Klein Guy Benjamin Greco Newport, OR William A. Barton David Norman Greer Albuquerque, NM Richard Jay Grodner Wlbur H. Haines III Sacramento, CA Jon Douglas Smock Carl E. Hartley Chattanooga, TN Thomas 0. Helton Kenneth Gale Hawkes Tampa, FL Edward F. Gerace Linda Hayman Columbus, OH Marc P. Chemo Gary W. Hoecker Los Angeles, CA Taylor Rastrick Briggs Blair Wilbur Hoffinan San Francisco, CA Robert R. Granucd Leslie A. Hoffinann Fairfax, VA Marilyn Tebor Shaw Larry Currell Jones Houston, TX Dudley Richard Dobie Jr. Herbert Jordan Roxbury, NY K. Randlett Walster Stuart Alan Kirsch Atlanta, GA Mark D. Roth J. Murray Kleist Seattle, WA Philip Gates Arnold Jean Burlando Lawson Charlotte, NC Walter H. Bennett Jr. Mark Levy Vestal, NY Burton Alan Amemick Ann Rita Loeb New York, NY Harold R. Tyler Jr. Bryan A, Lowe Las Vegas, NV R. Ian Ross Dianna Chapman Lyons Sacramento, CA Manuel Michael Medeiros Karen Fisher McGee Staten Island, NY David W. Lehr Richard McGee Nashville, TN Lionel Robert Barrett Jr. 280 MONDAY, DECEMBER 10, 1984

Applicant City and State Movant

John D. McMahon New York, NY Peter P. Garam Joe Horn Mount Tampa, FL Wm. Reece Smith Jr. Sandra H. Nathan New Orleans, LA Helen S. Kohhnan Dennis Michael Patterson Brunswick, ME Joseph Hooper Field James Francis Peam Jr. Philadelphia, PA Charles A. Lord William Joel Pearson Saint Joseph, MI John Edward Dewane John Ernest Phillips Dallas, TX Royal H. Brin Jr. M. Kristina Pickering Reno, NV Stephen L. Morris Harry Leo Powazek San Diego, OA Davida Stotland William Francis Montgomery, AL Mary Lee Stapp Prendergast Rosalyn Heather Richter New York, NY Barbara Dale Underwood Vincent P. Salvi Portland, OR Ronald Gilbert Birch Walter Allen Schroeder Houston, TX Paul Marc Tendler Harvey Seth Shapiro Boston, MA Richard Wayne Cole George Barnes Spencer Tulsa, OK Don E. Gasaway Gerald Von Thomas Oklahoma City, Louis J. Bodnar OK James Galloway Thomas Nashville, TN James Franklin Sanders David Mark Verizzo Miami, FL '^i^^am L. Rogers Dennis P. Walker Denver, CO John F. Rotole Eileen M. Walsh Louisville, KY Robert W. Hensley Robert William Walter Denver, CO Robert C. Ozer Ellen S. Weisburd New York, NY Jeffrey Philip Sinensky John Russell Wheeler Chicago, IL George M. Burditt Jeffrey Brian Whitt Chicago, IL William J. Harte Mark J. Wolff Miami, FL Judge Richard S. Fuller MONDAY, DECEMBER 10, 1984 281

Opinions

No. 83-935. United States, Petitioner v. John Clyde Abel. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist.

No. 83-1307. United States, Petitioner v. Betty Lou Powell. On writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit.Judgment revelled and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Rehnquist.

No. 83-6061. Jose Garcia and Francisco Garcia, Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Rehn- quist. Dissenting opinion by Justice Stevens with whom Justice Bren- nan and Justice Marshall join.

No. 83-912. Edward Luce, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by the Chief Justice. Concurring opinion by Justice Brennan with whom Justice Marshall joins. Justice Stevens took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Daniel Franklin Bridgers Decatur, GA Byron Thomas Cook Jr. George Bryant Culpepper Fort Valley, GA Byron Thomas Cook Jr. William J. Doll Atlanta, GA Byron Thomas Cook Jr. William Ashley Hawkins Forsyth, GA Byron Thomas Cook Jr. Mitchel P. House Jr. Macon, GA Byron Thomas Cook Jr. John Larkin Lynch Macon, GA Byron Thomas Cook Jr. John Robert Sikes Macon, GA Byron Thomas Cook Jr. 282 MONDAY, DECEMBER 10, 1984

Applicant City and Stote Movant

James Mathew Thomas Augusta, GA Byron Thomas Cook Jr. John Milton Turner Jr. Atlanta, GA Byron Thomas Cook Jr. Kenneth Ray Waldrep Forsyth, GA Byron Thomas Cook Jr. Robert Wilbum Wommack Sandersville, GA Byron Thomas Jr. Cook Jr. Norman Eugene Zoller Atlanta, GA Byron Thomas Cook Jr. Patrick Joseph Cunningham Kingman, AZ Solicitor General Rex E. Lee Robert W. Bruce Jr. Washington, DC Solicitor General Rex Ec Lee John Beadle Holt Washington, DC Solicitor General Rex E. Lee Robert Clayton Seaman Jr. Washington, DC Solicitor General Rex E. Lee Robert E. Ferencik Jr. Miami, FL Solicitor General Rex E. Lee Thomas James Benjamin Quincy, IL Solicitor General Rex E. Lee John Francis Bumette Louisville, KY Solicitor Greneral Rex E. Lee Joseph Sidney Kistler Charlotte, NC Solicitor General Rex E. Lee Michael Warren Hoadley Tulsa, OK Solicitor General Rex E. Lee Samuel Joseph Rob Butler, PA Solicitor General Rex E. Lee Joel M. Oxley Universal City, Solicitor General TX Rex Eo Lee Christena Gordon Green Alexandria, VA Solicitor General Rex E. Lee Robert Gregory Sosnowski Alexandria, VA Solicitor General Rex E. Lee David Othel VoUenweider Alexandria, VA Solicitor General III Rex E. Lee Garreth Elliott Shaw Shelbume, VT Solicitor General Rex E. Lee MONDAY, DECEMBER 10, 1984 283

^plicant City and State Movant

Robert F. Adams West Chester, PA Judge John E. Stively Jr.

Stephen I. Baer Phoenixville, PA Judge John E. Stively Jr. Mark Blank Jr. Paoli, PA Judge John E. Stively Jr. Rita Kathryn Borzillo West Chester, PA Judge John E. Stively Jr. Robert Peter Brendza West Chester, PA Judge John E. Stively Jr. Richard Alexander Breuer Paoli, PA Judge John E. Stively Jr. Dennis Daniel Brogan West Chester, PA Judge John E. Stively Jr. C. Barry Buckley West Chester, PA Judge John E. Stively Jr. Holbrook Miller Bunting Jr. Paoli, PA Judge John E. Stively Jr. Catherine S. Clark West Chester, PA Judge John E. Stively Jr. Charles Hugg Cox III West Chester, PA Judge John E. Stively Jr. Kim Dowden Dalgliesh West Chester, PA Judge John E. Stively Jr. Charles Thomas DeTuUeo West Chester, PA Judge John E. Stively Jr. John A. Featherman III West Chester, PA Judge John E. Stively Jr. Douglas 0. FitzSimons Phoenixville, PA Judge John E. Stively Jr. John Brian Frock West Chester, PA Judge John E. Stively Jr. W. Richard Gentry West Chester, PA Judge John E. Stively Jr. Lawrence A. Goldberg West Chester, PA Judge John E. Stively Jr. Allan B. Greenwood Phoenixville, PA Judge John E. Stively Jr. William Robert Hagner Paoli, PA Judge John E. Stively Jr. 284 MONDAY, DECEMBER 10, 1984

Applicant City and State Movant

Carol Ehrlich Haltrecht West Chester, PA Judge John E. Stively Jr. John Emerson High Hayti, PA Judge John E. Stively Jr. Kevin HoUeran West Chester, PA Judge John E, Stively Jr. Merle G. Horwitz West Chester, PA Judge John E. Stively Jr. P. Richard Klein West Chester, PA Judge John E. Stively Jr. Madeline Hartsell Lamb West Chester, PA Judge John E. Stively Jr. Jeffi-ey Patterson Lewis West Chester, PA Judge John E. Stively Jr. John J. Mahoney PaoU, PA Judge John E. Stively Jr. Dominic T. Marrone West Chester, PA Judge John E. Stively Jr. Justin John McCarthy West Chester, PA Judge John E. Stively Jr. Candace G. McCoy West Chester, PA Judge John E. Stively Jr. Anthony Morris West Chester, PA Judge John E. Stively Jr. Allen J. Mutzig West Chester, PA Judge John E. Stively Jr. Sean James O'Callaghan Philadelphia, PA Judge John E. Stively Jr. Allen Orville Olin West Chester, PA Judge John E. Stively Jr. Maria Catherine Pecoraro West Chester, PA Judge John E. Stively Jr. Rochelle Sandra Rabin West Chester, PA Judge John E. Stively Jr. William Edward Riggs Paoli, PA Judge John E. Stively Jr. Paul J. Rubino West Chester, PA Judge John E. Stively Jr. MONDAY, DECEMBER 10, 1984 285

Applicant City and State Movant

Kevin J. Ryan West Chester, PA Judge John E. Stively Jr. John Clinton Sawyer West Chester, PA Judge John E. Stively Jr. Andrea W. Schaeffer Paoli, PA Judge John E. Stively Jr. Richard L. Schuster West Chester, PA Judge John E. Stively Jr. Robert J. Shenkin West Chester, PA Judge John E. Stively Jr. Kevin Hopkins Smith Valley Forge, PA Judge John E. Stively Jr. John D. Snyder III West Chester, PA Judge John E. Stively Jr. Stuart B. Suss West Chester, PA Judge John E. Stively Jr. Nannette Marie Swadey West Chester, PA Judge John E. Stively Jr. John J. Teti Jr. West Chester, PA Judge John E. Stively Jr. Ubel G. Velez West Chester, PA Judge John E. Stively Jr. Andrew Stuart Wade West Church, PA Judge John E. Stively Jr. Ann Osborne Wade West Chester, PA Judge John E. Stively Jr. Kenneth R. Werner West Chester, PA Judge John E. Stively Jr. Nancy J. Wille-Winther West Chester, PA Judge John E. Stively Jr. Frank J. Williams PaoH, PA Judge John E. Stively Jr. Thomas R. Wilson West Chester, PA Judge John E. Stively Jr. John Henry Wollman West Chester, PA Judge John E. Stively Jr. Joseph Francis Wusinich West Chester, PA Judge John E. III Stively Jr. 286 MONDAY, DECEMBER 10, 1984

Applicant City and State Movant

George Charles Zumbano West Chester, PA Judge John E. Stively Jr.

Adjourned until Monday, January 7, 1985 at 10 o'clock. X (JOURNAL) TUESDAY, DECEMBER 11, 1984 287 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-445, Alpha Otis O'Daniel Stephens, AppHcant v. Ralph Kemp, Superintendent, Georgia Diagnostic & Classification Center. The application for stay of execution of the sentence of death presented to Justice Powell and by him referred to the Court is denied. Dissenting statement by Justice Brennan with whom Justice Marshall joins. Dissenting statement by Justice Blackmun and Justice Stevens.

Certiorari Denied

No. 84-5411. Edwin P. Wilson, Petitioner u United States. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Rehearing Denied

No. 83-1845. Alpha Otis O'Daniel Stephens, Petitioner v. Ralph Kemp, Superintendent, Georgia Diagnostic & Classification Center. The petition for rehearing is denied. The supplementary application for stay of execution of sentence of death is denied. Dissenting statement by Justice Brennan with whom Justice Marshall joins. Justice Black- mun and Justice Stevens would grant the supplementary application for stay of execution.

(JOURNAL) MONDAY, JANUARY 7, 1985 289 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally." Opinion Per Curiam

No. 83-1947. United States, Petitioner v. Charles Noel Woodward. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted. Court of Appeal's judgment reversing respondent's 18 U. S. C. Sec. 1001 conviction is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam.

Appeals—Summary Disposition

No. 84-450. Central Jersey Industries, Inc., et al.. Appellants v.-

United States Railway Association, et al. Appeal from the Special Court, Regional Rail Reorganization Act of 1973. The judgment is affirmed. No. 84-720. George Deukmejian, Governor of the State of California, et al. Appellants v. National Meat Association, et al. Appeal from the , United States Court of Appeals for the Ninth Circuit. The judgment is affirmed.

No. 84-695. Gwendolyn L. King, etc.. Appellant v. United States

District Court for the Central District of CaUfomia, et al. (Integrity Home Loan Co., Inc., et al.. Real Parties in Interest). Appeal from the United States Court of Appeals for the Ninth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-766. John H. Jamason and James Gabbard, Appellants v. Florida. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-733. David H. Rogers, Appellant v. North Carolina. Appeal from the Court of Appeals of North Carolina. The appeal is dismissed for want of a substantial federal question. 290 MONDAY, JANUARY 7, 1985

No. 84-828. National Association for the Advancement of Colored

People, Inc., etc., et al., Appellants v. Michael Roland Daniel, Lieu- tenant Governor of South Carolina, et al. Appeal from the United States District Court for the District of South Carolina. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

No. 83-1554. United States, Petitioner v. Richard DiMatteo, Morris Kessler and James Suggs. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of respondent Morris Kessler for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Luce v. United States, 469 U. S. (1984). Justice Powell took no part in the consideration or decision of this motion and this case.

Orders in Pending Cases

No. . George W. Bonin, Petitioner u American Airlines, Inc., et al. The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of this Court is denied.

No. . California and Public Utilities Commission of California,

Petitioner v. Federal Communications Commissioner, et al. The motion to direct the Clerk to file a petition for writ of certiorari, out-of-time, is denied. Justice Powell took no part in the consideration or decision of this motion.

No. A-423. Donald L. Gold, Applicant v. United States. The application for stay and/or bail addressed to Justice Brennan and referred to the Court is denied.

No. 79, Original. State of Oklahoma, Plaintiff v. State of Arkansas. The Report of the Special Master is adopted. It is ordered that the parties are directed to submit a proposed decree to the Special Master for his approval and submission, together with any recommendations, to this Court. No. D-447. In the Matter of Disbarment of Michael Thomell. Disbar- ment order entered. No. D-450. In the Matter of Disbarment of Erich Reisch. Disbarment order entered. No. D-460. In the Matter of Disbarment of Eugene Patrick Hines. Disbarment order entered. MONDAY, JANUARY 7, 1985 291

No. D-469. In the Matter of Disbarment of Warren Douglas Uter- mahlen. It is ordered that Warren Douglas Utermahlen, of Milford, 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-470. In the Matter of Disbarment of Frank Alan Hayes. It is ordered that Frank Alan Hayes, of San Antomo,^ 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. 83-812. George C. Wallace, Governor of the State of Alabama, et al.. Appellants v. Ishmael Ja^ee, et al.; and

No. 83-929. Douglas T. Smith, et al.. Appellants v. IshmaelJaffree, et al. The motion of appellants in No. 83-929 for leave to file a supplemental brief after argument is granted. No. 83-1329. Joseph Ponte, Superintendent, Massachusetts Correc- tional Institution, Walpole, Petitioner v. John Real. The motion of Barbara A. H. Smith, Esq., to permit Martin E. Levin, Esquire, to present oral argument pro hoc vice on behalf of petitioner is granted.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and

No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioner v. Mitsubishi Motors Corporation. The motion of International Chamber of Com- merce for leave to file a brief as amicus curiae is granted. The motion of American Arbitration Association for leave to file a brief as amicus curiae in No. 83-1569 is granted.

No. 83-1673. Donald J. Devine, Director, Office of Personnel Man- agement, Petitioner v. Allison E. Nutt, et al. The motion of the Solic- itor General to permit Charles A. Rothfeld, Esquire, to present oral argument pro hoc vice is granted.

No. 83-1750. United States, Petitioner v James Rual Miller. 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 Jerrold M. Ladar, Esquire, of San Francisco, California, is appointed to serve as counsel for the respondent in this case.

No. 83-1785. Air France, Petitioner v. Valerie Hermien Saks. The motion of The Republic of France for leave to participate in oral argument as amicus curiae and for divided argument is granted. 292 MONDAY, JANUARY 7, 1985 ^ No. 83-2143. Tennessee, Petitioner v. Harvey J. Street. The motion for appointment of counsel is granted and it is ordered that George Stuart Hampton, Esquire, of Elizabethtown, Tennessee, is appointed || to serve as counsel for the respondent in this case.

No. 84-28. Donald C. Brockett, Appellant v. Spokane Arcades, Inc.,^ et al.; and m No. 84-143. Kenneth Eikenberry, Attorney General of Washington, ^ et al.. Appellants v. J-R Distributors, Inc., et al. The motion of Mis- sissippi Citizens for Decency through Law for leave to file a brief as amicus curiae is granted.

No. 84-261. Commodity Futures Trading Commission, Petitioner v,

Gary Weintraub, et al. The motion of John K. Notz, Jr. , Trustee for the

| Chicago Discount Commodity Brokers, Inc. for leave to file a brief as amicus curiae is granted.

No. 84-267. William P. Clark, Secretary of the Interior, et al.. Peti- tioners V, Southern Oregon Citizens Against Toxic Sprays, Inc. The motion of respondent for attorney's fees is denied.

No. 84-315. Leonard G. Leverson, Appellant v. William H. Conway, Commissioner, Vermont Department of Motor Vehicles. The appellee is directed to file a response to the petition for rehearing within thirty days. No. 84-320. National Farmers Union Insurance Companies and Lodge Grass School District No. 27, Petitioners u Crow Tribe of In- dians, et al. The motion for appointment of counsel is granted and it is ordered that Clarence T. Belue, Esquire, of Hardin, Montana, is appointed to serve as counsel for the respondents Leroy Sage and Flora Not Afiraid in this case. Justice White took no part in the consideration or decision of this motion.

No. 84-634. Chevron U. S. A., Inc., et al.. Petitioners v. Jay S. Hammond, Governor of Alaska, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Jus- tice O'Connor took no part in the consideration or decision of this order. No. 84-5004. Truman Lewis Ball, Petitioner u United States. The motion of the Solicitor General to permit Andrew J. Pincus, Esquire, to present oral argument pro hac vice is granted.

No. 84-5266. Maxine Denise Wynne Chambers, Petitioner v, Ameri- <

can Greetings Corporation. The motion to direct the Clerk to file a peti- i tion for writ of certiorari that does not comply with the order of this ' Court entered October 9, 1984, is denied. Justice Powell took no part in the consideration or decision of this motion. MONDAY, JANUARY 7, 1985 293

No. 84-5424. Howard R. Herships, Petitioner v. Robert M. Rees, Su-

perintendent, D. V. I. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. 84-5706. Jeannette M. Paleno, et vir, Appellants v. County of Lake, et al. The motion of appellants for leave to proceed informa pauperis is denied. Appellants are allowed until January 28, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brawn v. Herald Co,, Inc., 464 U, S. (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, we would deny certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 84-498. United States, Petitioner v. National Bank of Com- merce. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 84-679. Bateman Eichler, Hill Richards, Incorporated, Peti- tioner u Carl F. Bemer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 84-363. Northeast Bancorp, Inc., et al.. Petitioners v. Board of

Governors of the Federal Reserve System, et al. The motion of Chase Manhattan 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 Second Circuit granted.

Certiorari Denied

No. 83-1751. John R. Robinson, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 83-2012. Thomas G. Heyward, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-2051. Vladimir N. Etlin, Petitioner v, Michell Etlin. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-2112. Gordon E. Gouveia, Trustee, Petitioner v, Hammond Clinic and General Finance Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 294 MONDAY, JANUARY 7, 1985

No. 83-2130. Rene G. Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6846. Frank C. Alerte, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6891. Moises Alvarez, Petitioner v. United States; No. 83-6911. Ismael Llanez-Diaz, Petitioner u United States; and

No. 83-6925. Francisco Nunez-Varela, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6951. William F. Crouch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6965. Francois B, Bagwell, Petitioner v, Mabel Powell Brannon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-276. Texas Farm Bureau, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-318. David Castanon Perez, et al.. Petitioners v. Abbot Budd

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

No. 84-329. Bank of Nova Scotia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-333. Steve Richards, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-339. Gerald Scarpelli, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-357. Samuel D. Wright, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-364. Stephen Gibbs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, JANUARY 7, 1985 295

No. 84-387. Stanford Barre* and Joseph Womble, Petitioners v. Civil Service Commission of the City of New Orleans. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-389. W. Henson Moore, U. S. Representative, Sixth District,

Louisiana, et al.. Petitioners v. United States House of Represent- atives, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-400. Marvin L. Winnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-416. Kathryn Mae Swisher, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 84-458. James A. Hendrix, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-505. Donald E. Percy, et al., Petitioners v. Cameo Convales- cent Center, Inc., et al.; and

No. 84-680. Cameo Convalescent Center, Inc., Petitioner v. Darla C. Senn, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-506. Metropolitan Hospital, Petitioner v. Provider Re- imbursement Review Board of the United States Department of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-517. Larry R. Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-527. Security Bank & Trust Company of Lawton, Oklahoma,

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

No. 84-540. Township of Winslow, et al.. Petitioners v. Ronald Booth and New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 84-548. National Transient Division, International Brotherhood of Boilermakers, etc., AFL-CIO, et al.. Petitioners v. Raymond J. Donovan, Secretary of Labor, U. S. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 296 MONDAY, JANUARY 7, 1985

No. 84-556. American Security Council, Petitioner v. Federal Com- munications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-566. Timothy O'Leary, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-606. Lorraine Kromnick, et al.. Petitioners v. School District of Philadelphia and Board of Education of the School District of Phila- delphia. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-620. New Jersey-Philadelphia Presbytery of the Bible Pres- byterian Church, et al.. Petitioners v. New Jersey State Board of Higher Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-630. Lindsey Mclnnes, Petitioner v, Yamaha Motor Corpora- tion, U. S. A. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 84-645. Hustler Magazine, Inc., Petitioner v. LaJuan Wood and Billy Wood. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-649. Blinder, Robinson & Co., Inc. and Meyer Blinder, Peti- tioners V. Securities and Exchange Commission. Petition for writ of j certiorari to the United States Court of Appeals for the Tenth Circuit ' denied.

No. 84-653. Roberta Schleifer, Petitioner v. Children's Memorial Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-670. Judith Schmertz and Barbara Josepher, Petitioners v.

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

No. 84-672. Islamic Republic of Iran, Petitioner v. Mohammed Reza Pahlavi and Farah Diba Pahlavi. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-673. Stanley J. Perwin, Petitioner v. Robert N. Wilentz, Chief Justice, Supreme Court of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

ai MONDAY, JANUARY 7, 1985 297

No. 84-675. State Farm Fire & Casualty Company, Petitioner v. June T. Perry. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-678. R. J. Wolf, Petitioner v. Banco Nacional de Mexico, S. A. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-687. Sybil Brown, et al.. Petitioners u Puget Sound Electri- cal Apprenticeship and Training Trust, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-688. Carol Jean Vosch, etc., et al.. Petitioners v. Werner Continental, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-689. Bruce Poolaw, Petitioner v. City of Anadarko, Okla- homa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-692. Gerald S. Hawkins, Petitioner v. Alex. Brown & Sons, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-697. Tiem-Quang Nguyen, Petitioner v. Despina H. Nguyen. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 84-709. Sejrmour Buxbom, Petitioner v. Naegele Outdoor Ad- vertising Company of California, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-712. Virgil Ayers, et al., Petitioners v. Spartan Grain & Mill Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-725. Snapper Power Equipment Division of Fuqua Indus- tries, Inc., Petitioner v. Patricia J. Wood. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-727. Michael J. Koonce, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 84-728. Philip D. Aldous, Petitioner v. Catherine B. Aldous. Pe- tition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 84-734. Helen Smith, Petitioner v. Fred H. Harmsen, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JANUARY 7, 1985

No. 84-740. June G. Moore, Petitioner v. Reynolds Metal Company Retirement Program for Salaried Employees. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-742. Claire Crane, et al., Petitioners v. Edward Hines Lum- ber Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-745. Louis DeMaise, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-752. Laronce Beard, Petitioner v. United States District Court for the Southern District of Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-775. Robert Butterworth, Sheriff, et al., Petitioners v. Ray Sandstrom. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-784. Francis P. Tracey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-785. Joseph Ferlito, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department denied. No. 84-811. H. G. Gibson, J. Scott Kennedy and Gary N. Banks, Pe- titioners V. The Boeing Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-819. Richard Clements, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-829. James J. Pryor, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-831. Andrew J. DeRosa, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5077. John J. Tomiero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5110. Michael Neal, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. MONDAY, JANUARY 7, 1985 299

No. 84-5119. Fernando A. Jackson, Petitioner v. Reginald Pulley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5154. Mounira Kamyan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5210. Melvin Leroy Tyler, Petitioner v. Lee Roy Black, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5224. Chester Jordan Johnston, Jr., Petitioner u Edwin Lloyd Pittman, Attorney General of Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-5251. Charles Allan Bamman and Claude Howard Harlow,

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

No. 84-5254. Eloy Salazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5258. Frank J. Maybusher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5288. Howard E. Caldwell, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5304. Wali Farid Rashed, Petitioner v. Delaware County,

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

No. 84-5317. James Butler, Petitioner v, Louie L. Wainwright, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5323. Tonuny Anthony Earnest, Petitioner v, James E. Van-

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

No. 84-5346. James Volanty, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth Supreme Judi- cial District, denied. 300 MONDAY, JANUARY 7, 1985

No. 84-5363. Richard Eugene Brymer, Petitioner v. James Rose, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5372. Jerry Jackson and Larry Joe Riggsbee, Petitioners v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-5408. Bruce Allen, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 84-5410. Fred W. Sans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5420. James Pollard, Petitioner v. J. D. White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-5435. Franklin Delano Prince, Petitioner u Louie L. Wain- wright. Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5443. Thomas Shields, 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. 84-5492. Adolph Reynosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Noo 84-5500. Thomas E. Silverstein, et al.. Petitioners v. United StateSc Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5523. Richard Allen Young, Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 84-5527. Harold E. Richards, Petitioner v. John Lehman, Secre- tary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5601. Robert Walker, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5608. Willie J. Braswell, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. MONDAY, JANUARY 7, 1985 301

No. 84-5623. Burl Anderson Howell, Petitioner v. Marvin Trum- power, Warden. Petition for writ of certiorari to the Umted States Court of Appeals for the Fourth Circuit denied.

No. 84-5624. James Duke Creel, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5627. John Fulford, Petitioner v. Ross Maggio, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5628. Tyrone Jack Allsberry, Petitioner v. Marvin Trum- power. Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5631. Craig Thomas Seifert, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 84-5655. Robert E. Cotner, Petitioner v. Bill Museman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5656. Burl Anderson Howell, Petitioner v. Judge Donaldson C. Cole, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5660. Jerry T. Melton, Petitioner v. Richard H. Rison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5661. Willis Ridley, Jr., Petitioner v. Waymon Walker. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5663. Angel Luis Colon-Rivera, Petitioner v. Puerto Rico De- partment of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 84-5664. Victor Howard Van Sant, Petitioner u Charles Stevens Russell. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5665. David E. Miller, Jr., Petitioner v. Harry Allsbrook, Su- perintendent, Odom. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5666. Donald Glenn, Petitioner v. Glen R. Jeffes, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 302 MONDAY, JANUARY 7, 1985

No. 84-5670. Thomas J. Paul, Jr., Petitioner v. Continental Group,

Inc., et al.; and Thomas J. Paul, Jr., Petitioner v. Continental Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5673. William Jackson, Petitioner v. Harold J. Smith, Super- intendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5676. Robert Hall, Petitioner v. Medical College of Ohio at Toledo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5677. James Cody, Sr., Petitioner v, Olive L. Poole, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-5678. Cephus Donald Dyer, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-5680. Dennis Jurgins, Petitioner v. Executive Director Rich- ard Caliguiri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5682. Louis Earl Hayes, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5684. Graydon Roger Boles, Petitioner u J. T. Baker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5685. Kathryn LaGrange, Petitioner v. Ted Butler, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5688. Michael Nelson Oberski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5691. Eliceo Rodriguez, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5695. Kenny Gerson, Petitioner v. Sgt. Terrance Byrne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, JANUARY 7, 1985 303

No. 84-5701. James 0. Hendrix, Petitioner v. Jack R. Duckworth, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5703. Russell D. Wood, Petitioner v. Allis-Chalmers Corp. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5704. Ronnie Edward Smith, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Circuit Court of Sunflower County, Mississippi, denied.

No. 84-5712. Robert Golden, II, Petitioner v. Lanson Newsome, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5713. Coleman A. Lewis, Petitioner v. Robert A. Frosch, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5718. Bobby Lee Hubbard, Petitioner v. Henry Wade, Dis- trict Attorney, Dallas County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5729. Gary Golden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5733. Clemente Valdovinos-Valdovinos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5734. Larry Morris Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5737. Ralph Joseph Palumbo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5740. Zubair Ahmad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-5750. Jimmy Dingus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5755. Louise Miles Thibodeaux, Petitioner v. Kideam Thibo- deaux, et al. Petition for writ of certiorari to the Supreme Court of Lou- isiana denied. 304 MONDAY, JANUARY 7, 1985

No. 84-5756. John Douglas Rasco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5763. Richard P. Viccarone and Theodore Ricci, Petitioners

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

No. 84-5764. Bal K. Thaper, Petitioner v. New Jersey Department of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5767. William M. Boyer, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-5771. Ricky Stuart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5775. Edward T. Illsley, Petitioner v. William Storey, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5784. Walter J. Harlan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-2025. Monte R. Mordaunt and Dorothy Mordaunt, Petitioners

V. Incomco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White, with whom the Chief Justice and Justice Brennan join.

No. 83-6824. Walter Williams, Jr., Petitioners Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Jus- tice Brennan and Justice Marshall would grant certiorari.

No. 84-336. James Bushey, et al.. Petitioners v. New York State Civil Service Commission, et aL Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissent- ing opinion by Justice Rehnquist, with whom the Chief Justice and Jus- tice White join.

No. 84-384. Gould, Inc. and First Trust Company of St. Paul, Minne- sota, Petitioners v. Robert J. Adams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice White, with whom Justice Brennan and Justice Powell join. MONDAY, JANUARY 7, 1985 305

No. 84-385. Honda Motor Co., Ltd., Petitioner v. Walter P. Coons; and No. 84-591. Walter P. Coons, Petitioner u Honda Motor Company, Ltd. Petitions for writs of certiorari to the Supreme Court of New Jersey denied. Dissenting opinion by Justice Rehnquist.

No. 84-421. Robert Rowland, etc. and Joseph Cosentino, etc.. Peti- tioners V. Leroy W. Demery. 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. 84-533. Louie L. Wainwright, Secretary, Florida Department of

Corrections, Petitioner v. Luis Carlos Arango, aka Carlos Luis Arango. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-714. District of Columbia Board of Parole, et al. , Petitioners

V. Roosevelt Brandon. 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 District of Columbia Circuit denied.

No. 84-736. Florida, Petitioner v. Morgan Jamison, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 84-629. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner

V. Ernest M. McCollum, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judicial District, denied. Dissenting opinion by Justice White, with whom Justice Black- mun joins.

No. 84-646. Peat, Marwick, Mitchell & Co., Petitioner v. David A. Lipton and Sylvia S. Lipton; and

No. 84-651. Documation, Inc., et al. Petitioners v. David A. Lipton and Sylvia S. Lipton. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Bren- nan would grant certiorari.

No. 84-654. Chevron Corporation, et al., Petitioners v. Arizona, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-668. Western Airlines, Inc., Petitioner v. CaHfomia. The motion of Air Transport Association of America for leave to file a brief 306 MONDAY, JANUARY 7, 1985 as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-694. Arkansas Power & Light Company, et al. , Petitioners v. Union of Concerned Scientists, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Blackmun would grant certiorari.

No. 84-707. Willie J. Dunn, Petitioner v. United States, et al. The motion of petitioner to secure Rule 28.2 affidavit is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-711. Edward Ronwin, Petitioner v. United States District Court for the District of Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-731. Joseph B. Shumate, Jr., Petitioner v. James F. Douthat, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5333. Jimmy Dwayne Spicer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5545. Ronald Keith Spivey, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5689. Gary Burris, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5808. Arthur James Julius, 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. 84-5690. Carl Ray Songer, Petitioner v. Louie L, Wainwright, Secretary, Florida Department of Corrections, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Dissenting opinion by Justice Brennan, with whom Justice Marshall joins.

Habeas Corpus Denied

No. 84-5824. In Re Luis Reyes Solis, Petitioner. Petition for writ of habeas corpus is denied. MONDAY, JANUARY 7, 1986 307 Mandamus Denied

No. 84-5782. In Re Calvin F. Ayers, Petitioner. Petition for writ of mandamus is denied.

Rehearings Denied

No. 83-1710. Patrick Coussens and Mary Coussens, Petitioners v. Carpenters District Council of Detroit, United Brotherhood of Carpen- ters and Joiners of America, AFL-CIO, et al.;

No. 83-1908. Shelby County Sheriff's Department, Petitioner v. Deo- gracias Ruiz;

No. 83-2039. Thomas J. Kavanagh, Petitioner v. Sarah D. McShea;

No. 83-6633. Larry Dale Green, Petitioner v. Oklahoma;

No. 83-6777. William Ronson, Petitioner v. Commissioner of Correc- tion of the State of New York;

No. 83-6840. John Shannon, Sr., Petitioner v. Richard W. De- Robertis, Warden, et al.;

No. 83-6996. Rose M. Smith, Petitioner v. Union Mutual Life Insur- ance Company;

No. 84-175. George Brooks Schreiber, etc.. Petitioner v. Gencorp, Inc., et al.;

No. 84-343. James C. Gabriel, Petitioner v. Interstate Commerce Conmiission and United States;

No. 84-408. Clear-View Cable T. V., Inc., Appellant v. Town of Narrows;

No. 84-5045. Roger Collins, Petitioner v. Robert Francis, Warden;

No. 84-5170. Robin Wayne Owens, Petitioner v. Illinois;

No. 84-5175. Robin Wayne Owens, Petitioner v. Illinois; and

No. 84-5292. Howard F. Hatch, Petitioner v. Ronald W. Mason, et al. The petitions for rehearing are denied.

No. 83-2017. Chin Nien Tsang, Petitioner v. Board of Governors of Wayne State University. The petition for writ of mandamus and petition for rehearing are denied.

No. 83-6886. Gilbert G. Velilla, Appellant v. UTC/Hamilton Stand- ard Division, et al. The motion for leave to file a petition for rehearing is denied.

No. 84-5609. Roosevelt Green, Jr., Petitioner v. Walter D. Zant, Superintendent, Georgia Diagnostic & Classification Center. The appli- 308 MONDAY, JANUARY 7, 1985

cation for stay of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied. The petition for rehearing is denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting statement by Justice Blackmun and Justice Stevens. Justice Powell took no part in the consideration or decision of this application and petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Arthur J. Akullian Los Angeles, CA George C. Montgomery

Richard Charles Alkire Cleveland, OH Marshall I. Nurenberg Charles Edward Ambrose Washington, DC Kenneth R. Jr. Rengert Jose M. Aponte Jimenez Caguas, PR Luis A. Feliciano Carreras Roger C. Appell Birmingham, AL George C. Longshore Mark Bradley Bailus Las Vegas, NV Michael Allan Cherry Mary Eleanor Baluss Washington, DC George B. Mickum III Janet Louise Hoover Roselle, IL Melvin B. Lewis Bassitt J. Eugene Beckham Jr. Carrollton, GA Thomas Ensley Greer Rita L. Bender Seattle, WA Jane Molnar McCormmach Karl W. Bengtson Lafayette, LA Byron P. Legendre Spiro Bereveskos Indianapolis, IN John Cameron McNett Dene R. Bergman Albany, NY Sol Greenberg David Roy Blackwell Raleigh, NC Rufiis L. Edmisten James B. Blumenstiel Columbus, OH Mark A. Adams J. Bruqe Boisture Hartford, CT William George DeLana A 1

MONDAY, JANUARY 7, 1985 309

Applicant City and State Movant

Thomas Ernest Booth Johnson City, TN John Fichter De Pue John Edward Boyle Denver, CO Aldo G. Notarianni Lawrence S. Branton ban Diego, LA haward Carrol iviuns rvODert i\.enneLn creaK Newport Beach, Morris Ashcroft i nurs ton Thomas John Brescia L/nlcagO, IL Richard Frank r eiiegrmo Edmunds Jazeps Brokans rnilaaelpnia, r Edward F.

liArtI 1 1 1 1 XKJ Jospnh Pranklin Rnicp Arnold MD Rushworth Lawrence V. Burkett Jr. Springfield, MA John E. Nolan Jr. Ira A. Burnim Montgomery, AL Dennis N Balske

noianu w . i5urris iviitcneu w are

Mercedes Crespo Busto iVLiami, r L Vjruy buraette

iLSmeraiaa v-zaurera DrooKiyn, in i oteven noDert Abrams

Rvinn -TncipriVi Neary

-TVUClH V_/cUIl[JUCll til. Lance Craig Cantor uaKton, VA Robert Gregory Sosnowski

John C. Carlisle Grosse Pointe, MI Don R. Berschback

Linton W. Carney Jr. New Orleans, LA John D. Wogan p. 11 on rrrvflViov C^OTi*^f\'n VV aoiililgwUll, i~y\j vUoCpil XJ. XVCltUl Jr. Frank D. Celebrezze Columbus, OH John C. Elam Llovd Arnold Chartnn Tustin CA Thomas M Gordon

Morris Cheston Jr. Philadelphia, PA H. Ober Hess Kathi Susan Child Dallas, TX Jack Pew Jr. 310 MONDAY, JANUARY 7, 1985

Applicant City and State Movant

Yvonne Elisabeth Chotzen Honolulu, HI Charles Stephen Sims James Edward Clapp New York, NY William Eldred Jackson Gary Lee Cline Springfield, IL Richard Henry Mills David Louis Cohen Philadelphia, PA Joseph S. Lord III Kenneth Stuart Cohen Springfield, MA John E. Nolan Jr. Laurence Kevin Coleman New Orleans, LA Robert C. Lowe Jack Comart Brunswick, ME Hugh Calkins Celeste A. Contrucci New York, NY Peter P. Garam James S. Coon Portland, OR Samuel J. Imperati David Lawrence Cooper Palo Alto, CA Perry A. Irvine Thomas H. Crofts Jr, San Antonio, TX Ray A. Weed Kenneth J. Cusack Kenai, AK Joseph L. Kashi Brian Ellis Cutbirth Abilene, TX Carlisle G. Whitten Michael Joseph Daley- Chicago, IL William J. Bauer Walter Harvey Dalton Rutherfordton, John Hayde NC Snyder Stephen Mark Dane Toledo, OH Richard S. Walinski Donald K. Davis Seattle, WA Philip Gates Arnold Miles Davis Pensacola, FL E. Dixie Beggs Edgar Delgado-Garcia Ponce, PR Hector Mendez Loucil

Lrregory L/ amine ijenaro iviiami, r Li Kurt Marmar Steven Douglas Dennis Columbia, SC James Edward HoUer John Thomas DeCarlo Los Angeles, CA Gordon K. Hubel Joseph M. Dietz Indianapolis, IN James E. Rocap Jr. Thomas H. Dinkelacker Hazleton, PA David Charles Larson Henry Calvin Doby Jr. Albemarle, NC Richard Lane Brown III MONDAY, JANUARY 7, 1985 311

Applicant City and State Movant

Stephanie Domitrovich Erie, PA Ronald James Susmarski Phyllis A. Dow Albuquerque, NM John Edwards Conway Gregory G. Drutchas Detroit, MI John Patrick Jacobs John Michael Dugan Chicago, IL Gerald L. Sbarboro Thomas M. Eden III Birmingham, AL J. Mark Hart Lonzy F. Edwards Macon, GA James Sewell Elliott Ernest R. Eldred Baton Rouge, LA William J. Guste Jr. Sandra L. Elias Media, PA Francis James Catania James Ellward Elliott Jr. Denver, CO Brice A. Tondre Charles Joseph Escher New Orleans, LA Deborah Faust Zehner James J. Ewers Madison, WI Sarah Furey Crandall Stephen J. Fearon New York, NY Thomas J. Whalen John Lee Fellows III Newport Beach, M. Rogue Hemley CA Manuel Adam Fernandez Chalmette, LA William Paul Schuler Steven Fishman Detroit, MI Arthur J. Tamow Rene A. Foglia Fort Lauderdale, Alexander Cocalis FL Hugh Craig Forshner New Orleans, LA John Land McDavid Michael J. Freedman Tampa, FL Arnold David Levine Don Hammond Gallian Ivanhoe, CA William A. Richmond Ray D. Gardner Anchorage, AK James D. Rhodes John A. Garvey Jr. Pittsburgh, PA William B. Dixon Andrew I. Gavil Chicago, IL John Riley Myers Brian Lee Gennity Houston, TX Donald Ray Amett 312 MONDAY, JANUARY 7, 1986

Applicant City and State Movant

Louise Gibson Albuquerque, NM Raymond Anthony Baehr Arnold Harris Gillmer Los Angeles, CA Frank Anthony Campbell William A. Granam San Juan, rK Jose Antonio Fuste John J. Greer Spencer, lA Edward A. McDermott David Weston Gregory Centreville, MD Luther Weston Gregory Samuel A. Guiberson iiouston, lA Randolph L. Schaffer Jr.

Michael K. Guidry New Orleans, LA Owen J. Bradley '

Marsh John Halberg Chaska, MN Mark G. Ohnstad \ Michael Lolin iianalon Valparaiso, IN Donald Wayne Rice Janet Curtis Hanson Portland, OR Frank W. Ostrander Jr.

- - - - 1 J O TT < 1 Gerald o. ilartman Washington, DO Stanley Robert Strauss Richard Gene Harwell Sr. Stone Mountain, Michael D. Schmid GA Karen Allene Haugen Chicago, IL Robert Bruce McCaw Roger L. Heath Oklahoma City, Jack Rogers Bard OK Mark Weslif Hektner Miami, FL William A. Meadows Jr. David G. Hendricks Oklahoma City, Osmun Redding OK Latrobe David F. Heroy Chicago, IL Laurence A. Carton ^ Vicki Ellen Hen- Media, PA Edgar Yamall |l Harris m Robert Stephen Herrera Santa Fe, NM Robert Richard jl Rothstein Thomas Erskine Hite Jr. Abbeville, SC Marvin R. Watson Ronald Mark Hochberg Melville, NY Steven M. Schanker

i i MONDAY, JANUAEY 7, 1986 313

Applicant City and State Movant

Ottis W. Hollowell Seattle, WA A. Kobert E. Thomson joines waiter nopper ivicnniona, v a juiian iviitcneu i5rown

Otcpncii x . xiorvut jr. topringneia, ivj-ri jonn £j. iNoian jr. Mark Davia rlowara reoria, IL Rex Kenneth Linder Joseph J. Huss Mianu, FL Bruce S. Rogow Andrew Paul Interdonato Camp Springs, Lawrence Anthony iviarzetti

fiii_ _ _ Tp\ ^ • ^ 1 Jem*ey Eugene Jackson Los Angeles, CA 1 nomas Darnel v^iarKe Kobert ocott Janney Luray, VA Joshua L. Robinson Joseph F. Jennings Mianu, FL Charles A. Jtumoreii Stephen L. Jones Santa Monica, CA Wimam K. IN icnoias rjawara K. i\iinaier San Francisco, CA x5arDara Hiiien jvarsmner

Gregory George Keane otuart, r Li r . omeias McManus Greorge P. Kelesis Las Vegas, r^v Micnaei Allan Cherry Francis Xavier Kelly x^miaueipma, x^a jonn iviattiom jjonaia rj. iung icicnmonci, va Anne Marie Whittemore Domel Kitt New York, NY James Edward uowers rmiip C Klingsmitn 111 (jrunnison, CU 1 nomas Lriioert Sharpe Jr. JVLUton r ord ivnignt loieao, uu Kicnarci o. Walinski Dorean M. Koenig Lansing, MI Norman Otto Stockmeyer, Jr. Kenneth Arthur Kotarski Los Angeles, CA William Edward Burby Jr. 314 MONDAY, JANUARY 7, 1985

Applicant City and State Movant clUIlil iTXe XVLUXtvU W oAJ. A 1HiiniiPi*miP John B. Tittmann Lawrence B. Kurland West Chester, PA Robert A. Stein Houston TX William Pannill Steven C. Lausell San Juan, PR Nicolas Jimenez

V.TnplvCl TXJ«J XJCVUlT iPviTi v^icvcicuiu,nipvpland OHvyxx Jerome Steven Kalur TT'lpTTiin ifXiv^iiadl\Tif»Viapl xvciiiJiCwXiTCpnnptVi xjiguxcuiuTiiornTflnn X ICiiXUlgLUll,o+nn JLlcJM-T Richard M. Conley Hollv Nan Lindeman Washincton. DC Jacob A. Bouknight Jr.

.T AndpTson Tjittlp Chanel Hill NC John Arlington Northen

XtXCUT^flrk

XJCUxjrTiaTTv xlJllXlilcUlIldTTlTTunaTinpl XJjrlliCMST.vma^- TT'oTf TianHpTHalp Alexander Cocalis Johnson FL

XviÎlCUT?.ipVia"rHU XUIUXUSlÎriniQ XTXaJivrllCjrlâVinriPv OlflaVioma (îfv James Gail Hamill OK TCai"! l^nnViPiTn IVTonipa riA I^Clt Jl JLtX* IrXAlXliCXIXl ocuii/aSantu ifxuiuvci, v.>^^ Robert Michael Myers Ramon P. Marks Houston, TX John B. Abercrombie Paul Bryan Martins Honolulu, HI John William Matthews Dante Mattioni Philadelohia PA S. Gerald Litvin

William Griffin McDaniel Washington, DC Robert S. i ' McDaniel Susan Douglas McGreivy Los Angeles, CA Fred Okrand

Samuel S. McHard Rock Island, IL Stuart Ronald t Lefstein j Charles B. McNeil Poison, MT Jean Allen Tumage

i MONDAY, JANUARY 7, 1985 315

Applicant City and State Movant

Charles M. Merkel Jr. Clarksdale, MS Edward P. Connell Mary-Michaelle Milford Dallas, TX Earl Luna Lawrence Thomas Miller Chicago, IL Dean Michael Trafelet Robert Thomas Miller Jr. DaUas, TX Earl Luna Steven Albert Miner Chicago, IL Ross A. Miller G. Jeffrey Moeller Flemington, NJ Richard M. Conley Edward Harris Mogul Chicago, IL James Richard Streicker Ronald Angelo Mollis Santa Ana, CA Warren Sikora Robert Joseph Molloy Soldotna, AK Joseph L. Kashi Thomas W. Moon Houston, TX John M. O'Quinn Timothy L. Moorehead Washington, DC Steven C. Kahn Jan lombrello Morgan Birmingham, AL Leo F. Costello Robert Erwin Morgan Birmingham, AL Leo E. Costello Mow Ynrlf MV ocoLt r . iviorgon IN ew 1 orK, IN I Glenn William Dopf Michael W. Moskowitz Fort Lauderdale, Gary Michael FL Farmer Owen L. Murray Jr. Cazadero, CA Albert G. Rizzo Jr. Thomas Howard Nelson Portland, OR Robert F. Harrington Peter Nichols Beverly Hills, CA Anthony G. Amsterdam Taylor Nichols Virginia Beach, R. Emmett Harris VA W. C. NoblinJr. Jackson, MS John Land McDavid Stevan Travis Northcutt Tampa, FL Arnold David Levine Mitchell Jay Notis Washington, DC WiUiam James Stone John R. O'Brien Chicago, IL Laurence Sherwin Robbins Bemie Ofiiaem Tulsa, OK G. Nash Lamb 316 MONDAY, JANUARY 7, 1985

Applicant City and State Movant

Carol Wendelin Pollack Los Angeles, CA Edward T. Fogel Jr. Gerald Hadley Pugh Highland Park, IL Gerard C. Heldrich Jr. A. Peter Quiiin Jr. Longmeadow, MA John E. Nolan Jr. Gene 6. RadcMe Black River Falls, James C. WI Alexander Virgilio Ramos Gonzalez San Juan, PR Ariel L. Mendez Bartholomew J. Rebore Lindenhurst, NY Robert C. Mitchell Cameron L. Reeves Lakeport, CA Fredric S. Crump Douglas Evan Ress Philadelphia, PA Patrick W. Kittredge Steven J. Revitz Los Angeles, CA Howard M. Knee Robert Frank Rider Roanoke, VA Clifford Robert Weckstein Lance J. Rogers Charlottesville, Deborah Chasen VA Wyatt James A. Romanyak Chicago, IL Dean Michael Trafelet James Maclin Rudder Jr. Atlanta, GA G. Ernest Tidwell Daniel F. Ryan III Philadelphia, PA J. Clayton Undercofler III Ira S. Sacks New York, NY Allen Kezsbom Rhea D. Sanderson Odessa, TX Edward Lewis Lasof Pedro J. Santa-Sanchez San Juan, PR Juan R. Torruella del VaUe N. Leslie Saunders Jr. Richmond, VA James Madison Minor Jr. A. Curtis Sawyer Jr. San Francisco, CA Martin J. Jarvis Jonathan Ralph Schmidt Hammond, LA Leonard E. Yokum Charles Vincent Senatore Miami, FL Parker Davidson Thomson Shirley Adele Shank Columbus, OH David Clark Stebbins Terence M. Sheen Elmhurst, IL Carrol C. Bryan Ross H. Sidney Des Moines, lA Edward A. McDermott MONDAY, JANUARY 7, 1986 317

Applicant City and State Movant

Samuel M. Sipe Jr. Washington, DC Betty Jo Christian James Steven Sirok Saipan, Northern Michael Alan M.L White John M. Skonberg San Francisco, CA Richard Hunt Harding Samuel E. Slaiby Torrington, CT Edward W. Manasse _Stuarf L. Somach Sacramento, CA Martin McDonough Norman Spiegel New York, NY Nancy Steams Catherine Baker Stetson Albuquerque, NM Albert T. Ussery Charles D. Stewart Birmingham, AL Allwin E. Horn III George Duane Street Dallas, TX Fred Time Michael Jay Strumwasser Los Angeles, CA John K. Van de Kamp Bernard R. Suchocki Houston, TX Otto D. Hewitt III J. D. Sullivan Oskaloosa, LA Brent Edward Vallens Paul E. Sutton Shawnee, OK James D. Sill Dennis Charles Sweet III Montgomery, AL Stephen B. Bright Joy Tannian New York, NY Peter P.Garam Philip G. Tannian Detroit, MI Sara Oltarz- Schwartz John Elton Tate Dayton, OH Michael Patrick Moloney Ruti Gabriela Teitel New York, NY Jeffrey Philip Sinensky Joseph P. Thacker Toledo, OH Cary Rodman Cooper Philip C. Thorpe Phoenix, AZ Ruth Van Roekel McGregor Andrew Edward Thurman Oklahoma City, Charles L. OK DoUarhide II Walter D. Thurow Madison, WI James C. Alexander Nancy E. Tripp Chicago, IL Stephen Philip Sawyer 318 MONDAY, JANUARY 7, 1985

Applicant City and State Movant

Gary Charles Tucker iincnorage, ajy r rancis iiiawara 14^1 /ill AW Tw r le tcner j r. Thomas Joseph Tucker lOieuO; Uxi Cary Rodman Cooper rri-1 _ J - Theodore B. Tucker III ioieao, UJlrill Koger William Groranson WiUiam Masten Tugman waiia waiia^ wa Malcolm L. Edwards Lizbeth Ann Tully Owensboro, KY Morton J. xiolDrooK John roster lyra Jackson, MS John Land ivicjjavia Wayne Elliott Uhl ^asnvuie) lis Jerry Lynn Smith rvonaia iv. vanotocKum jr. iiOUisvuie, w ai ter j . owyers Jr.Ti. John W. VanWijk Denver, CO Donald E. Lincoln James d, Vasile Washington, DC John Hiawara Holtzinger Jr. otepnen Oolomo Villarreal lucson, AZ Alfreao \j. Marquez rpn_ ttt Thomas George Wagner rlouston, lA J. iLiVans Attweil Lawrence D. Walker Omcinnati, Uil Kobert lemple Keeler Anne Shere Wallwork Washington, DC Martin David Minsker Katnleen Watson Mew York, P4Y Paula Jones i/iactia Lynn D. Weir Seattle, WA Judith A. Lonnquist William Eric West Jackson, MS John Land McDavid Robert Alan Wiener Oklahoma City, Gene A. OK Castleberry Norman Charles Wmiams North Clarke A. Gravel Ferrisburgh, VT Robert Stuart Willis Jacksonville, FL Samuel S.Jacobson John L. Wilson Hiltoon Head R. Theodore W. Island, SC Meyer Mark Sander Wolin Miami, FL Burton Young Peter Bartlett Wu New York, NY E. Douglas Hamilton MONDAY, JANUARY 7, 1985 319

Applicant City and State Movant

Terry F. Wynne Pine Bluff, AR Jack Allison McNulty Marc Joel Yellin New Orleans, LA Ralph L. Kaskell Jr. John C. Youngman Jr. Williamsport, PA John C. Youngman Sr. Keith C. Zagar St. Louis, MO William Sitzer

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Michael W. McConnell Washington, DC Solicitor General Rex E. Lee Paul John Ondrasik Jr. Palmerton, PA Stephen Ailes Antonia Beatrice lanniello East Rockaway, John E. Nolan Jr. NY Joanne Yancey Hitchcock Camden, NJ Cornish Frank Hitchcock

Oral Arguments

No. 83-1911. Christopher L. Lowe, et al.. Petitioners v. Securities and Exchange Conmiission. Argued by Mr. Michael E. Schoeman for the petitioners and by Mr. Solicitor General Rex E. Lee for the respondent.

No. 83-2166. Philip Q. Zauderer, Appellant v. Office of Disciplinary Counsel of the Supreme Court of Ohio. Argued by Mr. Alan B. Morri- son for the appellant and by Mr. H. Bartow Farr, III, for the appellee.

No. 83-1944. Holly Jensen, etc., et al.. Petitioners v. Frances J. Quaring. Argued by Ms. Ruth Anne E. Gaiter for the petitioners and by Mr. Thomas C. Lansworth for the respondent.

No. 83-1673. Donald J. Devine, Director, Office of Personnel Man- agement, Petitioner v. Allison E. Nutt, et al. Argued by Mr. Charles A. Rothfeld for the petitioner, pro hoc vice^ by special order of the Court, and by Mr. Charles A. Hobbie for the respondents.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) TUESDAY, JANUARY 8, 1985 321 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-1132. Park 'N Fly, Inc., Petitioner v. Dollar Park and Fly, Inc. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens.

No. 83-1330. United States, Petitioner v. Thomas J. Hensley. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Concurring opinion by Justice Brennan.

No. 83-1153. Mills Music, Inc., Petitioner v. Marie Snyder and Ted Snyder, Jr., etc. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Dissenting opinion by Justice White with whom Justice Brennan, Justice Marshall, and Justice Blackmun join.

No. 83-832. Harold T. Paulsen, et ux.. Petitioners v. Conmiissioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Dissenting opinion by Justice O'Connor with whom the Chief Justice joins. Justice PoweU took no part in the decision of this case.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H. Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v. Harold H. Thurston, et al. On writs of certiorari to the United States Court of Appeals for the Second 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 Powell announced by the Chief Justice. TUESDAY, JANUARY 8, 1985

No. 83-963. Board of License Commissioners of the Town of Tiver- ton, Petitioner v. Louis H. Pastore, Jr., etc., et al. On writ of certiorari to the Supreme Court of Rhode Island. The writ of certiorari is dismissed as moot. Opinion per curiam announced by the Chief Justice.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Sandra Mendez Dawahare Lexington, KY Robert L. Chenoweth Michael John Dennis Washington, DC Carter D. Phillips Patricia Diaz Dennis Washington, DC Carter G. Phillips Robert D. Allen Oklahoma City, Richard Ennis OK Mahoney

Oral Arguments

No. 83-1919. City of Oklahoma City, Petitioner u Rose Marie Tuttle, etc. Argued by Mr. Burck Bailey for the petitioner and by Mr. Carl Hughes for the respondent.

No. 83-2097. Burger King Corporation, Appellant v. John Rudze- wicz. Argued by Mr. Joel S. Perwin for the appellant and by Mr. Thomas H. Oehmke for the appellee.

No. 83-1798. T. H. Bell, Secretary of Eduction, Petitioner v. Ken- tucky Department of Education. Argued by Mr. Kenneth S. Geller for the petitioner and by Mr. Robert L. Chenoweth for the respondent

No. 83-2064. T. H. Bell, Secretary of Education, Petitioner v. New Jersey. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Argued by Mr. Michael W. McConnell for the petitioner and by Ms. Mary Ann Burgess for the respondent.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) WEDNESDAY, JANUARY 9, 1985 323 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-727. Lamar Alexander, Governor of the State of Tennessee, et al., Petitioners v. Hershel Choate, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

No. 83-1007. Tiffany Fine Arts, Inc., et al.. Petitioners v. United States, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Marshall.

No. 83-240. Lawrence County, et al., Appellants v. Lead-Deadwood School District No. 40-1. Appeal from the Supreme Court of South Dakota. Judgment reversed and case remanded to the Supreme Court of South D^ota for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Rehnquist with whom Justice Stevens joins. No. 83-1020. Ohio, Petitioner v. William Lee Kovacs, dba B & W Enterprises, etc., et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice White. Concurring opinion by Justice O'Connor.

No. 83-1266. United States, Petitioner v. Robert W. Boyle, Execu- tor of the Estate of Myra W. Boyle, Deceased. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the CWef Justice. Concurring opinion by Justice Brennan with whom Justice Marshall, Justice Powell, and Justice O'Connor join. Admissions to the Bar on Oral Motions

Applicant City and State Movant

Antonia A. Stan- New York, NY Stephen D. Alexander A. Gilchrist Sparks III Wihnington, DE Stephen D. Alexander 324 WEDNESDAY, JANUARY 9, 1985

Applicant City and State Movant

Bonnie Kayatta-Steingart New York, NY Stephen D. Alexander

Oral Arguments

No. 83-6766. Joe Hayes, Petitioner v, Florida. Argued by Mr. Mi- chael E. Raiden for the petitioner and by Mr. William I. Munsey, Jr., for the respondent.

No. 84-5004. Truman Lewis Ball, Petitioner v. United States. Ar- gued by Ms. Jo S. Widener for the petitioner and by Mr. Andrew J. Pincus for the respondent, pro hoc vice, by special leave of Court. No. 83-1329. Joseph Ponte, Superintendent, Massachusetts Cor- rectional Institution, Walpole, Petitioner v, John Real. Argued by Mr. Martin E, Levin for the petitioner, pro hoc vice, by special leave of Court, and by Mr. Jonathan Shapiro for the respondent.

No. 83-2129. Barbara R. Schreiber, Petitioner v, Burlington North- em, Inc., et al. Argued by Mr. Irving Bizar for the petitioner and by

Mr. Marc P. Chemo for the respondents. i

Adjourned until Monday, January 14, 1985 at 10 o'clock. X

i (JOURNAL) MONDAY, JANUARY 14, 1986 325 SUPREME COURT OF THE UNITED STATES

Appeals—Summary Disposition

No. 84-581. Michael W. Lasky, Appellant v, John Van Lindt, et al. Appeal from the Appellate Division, Supreme Court of New York, First Judicial Department. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case. No. 84-632. Allan Wilk and Palos Verdes Shores Mobile Estates,

Ltd., Appellants v, California. Appeal from the Appellate Department, Superior Court of California, County of Los Angeles. The appeal is dismissed for want ofjurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Jus- tice Powell took no part in the consideration or decision of this case.

No. 84-753. Olga Ogrod, Appellant v. Tomlinson Court Apartments. Appeal from the Court of Common Pleas of Pennsylvania, Philadelphia County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-5696. Randolph E. Neal, Jr., Appellant v. Alabama. Appeal from the Supreme Court of Alabama. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-5762. James C. Rawlinson, Appellant v. Merit Oil Company, et al. Appeal from the United States Court of Appeals for the First Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case. 326 MONDAY, JANUARY 14, 1985

No. 84-739. Severo Pasillas, Appellant v. Agricultural Labor Rela- tions Board; and

No. 84-746. Maria Guadalupe Navarro, Appellant v. Agriculture Labor Relations Board of CaUfomia and United Farm Workers of America, AFL-CIO. Appeals from the Court of Appeal of California, First Appellate District. The appeals are dismissed for want of jurisdiction. Justice Powell took no part in the consideration or decision of these cases.

No. 84-768. Allstate Insurance Company, et al., Appellants v. Rich- ard Baksalary, et al. Appeal from the United States District Court for the Eastern District of Pennsylvania. The motion of appellees for leave to proceed in forma pauperis is granted. The appeal is dismissed for want of jiurisdiction. Justice Brennan and Justice Stevens would affirm the judgment. Justice Powell took no part in the consideration or decision of this motion and this case. No. 84-5060. Charles Wright, Appellant u New Jersey. Appeal from the Supreme Court of New Jersey. The appeal is dismissed for want of a substantial federal question. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Powell took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 83-1963. Barrett Toan, etc., et al., Petitioners v, Lucinda Cun- ningham, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of respondent Lu- dnda Cunningham for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of the Deficit Reduction Act of 1984, Pub. L. No. 98-369. Justice Powell took no part in the consideration or decision of this motion and this case.

No. 84-681. Prudential Federal Savings and Loan Association, Peti- tioner u Equal Employment Opportunity Commission. 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 Trans World Airlines, Inc. v. Thurston, 469 U. S. (1985). Justice Powell took no part in the consideration or decision of this case. MONDAY, JANUARY 14, 1985 327

Orders in Pending Cases

No. . In the Matter of Application of Stanley Charles Shapiro for Readmission to the Bar of this Court. The application of Stanley Charles Shapiro for readmission to the Bar of this Court is denied. Jus- tice Powell took no part in the consideration or decision of this order. No. D-449. In the Matter of Disbarment of Ralph Hochstein. Disbar- ment order entered. Justice Powell took no part in the consideration or decision of this order. No. D-451. In the Matter of Disbarment of Rafford Eugene Jones. Disbarment order entered. Justice Powell took no part in the consideration or decision of this order.

No. D--471. In the Matter of Disbarment of Cletus H. Brault, Jr. It is ordered that Cletus H. Brault, Jr., of Crown Point, 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. Justice Powell took no part in the consideration or decision of this order.

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioner v. Pacific Stationery and Printing Co. The motion of Indian Head Inc. for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioners Mitsubishi Motors Corporation. The motion of American Arbitration Association 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. Justice Powell took no part in the consideration or decision of these motions.

No. 84-231. Alvin D. Hooper and Mary N. Hooper, Appellants v. Bernalillo County Assessor. The motion of American Legion, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-325. Metropolitan Life Insurance Company, Appellant v. Commonwealth of Massachusetts; and

No. 84-356. Travelers Insurance Company, Appellant v. Common- wealth of Massachusetts. The motion of Ajnerican Chiropractic Associ- ation for leave to participate in oral argument as amicus curiae in No. 84-325, for divided argument and for additional time for oral argument is denied. The motion of appellants for divided argument is 328 MONDAY, JANUARY 14, 1985 granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-468. City of Cleburne, Texas, et al.. Petitioners v. Cleburne Living Center, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied. The motion of The Federation of Greater Baton Rouge Civic Associations Inc. for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied. Justice Powell took no part in the consideration or decision of these motions.

No. 84-761. Data General Corporation, Petitioner v. Digidyne Cor- poration, et al. The motion of Control Data Corp. for leave to file a brief as amicus curiae is granted. The motion of Mercedes-Benz of North America for leave to file a brief as amicus curiae is granted. The motion of Computer Automation, Inc. , et al. for leave to file a brief as amici curiae is granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of these motions. No. 84-780. Margaret M. Heckler, Secretary of Health and Human

Services, et al., Appellants v, Stephen J. Roy, et al. The motion of appellees for leave to proceed in forma pauperis is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-782. South Carolina, et al.. Petitioners v. Catawba Indian Tribe of South Carolina. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-1074. Lowell M. Stroom, Petitioner v. James E. Carter, etc., et al. The application for an injunction addressed to the Chief Justice and referred to the Court is denied. The motion of petitioner to expedite consideration of the petition for writ of certiorari is denied. Justice Powell took no part in the consideration or decision of this appHcation and motion.

No. 84-5873. Melvin Davis and Maria T. Davis, Petitioners v. United States Government, et al. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until Febru- ary 4, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compHance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Justice Powell took no part in the consideration or decision of this motion. MONDAY, JANUARY 14, 1985 329 Appeal-Jurisdiction Noted

No. 83-1925. Hillsborough County, Florida, et al.. Appellants v. Automated Medical Laboratories, Inc. Appeal from the United States Court of Appeals for the Eleventh Circuit. In this case probable jurisdiction is noted. Justice Powell took no part in the consideration or decision of this case.

Certiorari Granted

No. 84-778. Maryland, Petitioner v. Baxter Macon. Petition for writ of certiorari to the Court of Special Appeals of Maryland granted. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-849. Kentucky, dba Bureau of State Police, Petitioner v. James E. Graham, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Powell took no part in the consideration or decision of this petition. No. 84-310. In Re Robert J. Snyder, Petitioner. The motion of Ohio State Bar Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-518. Robert W. Johnson, et al. , Petitioners v. Mayor and City Council of Baltimore, et al.; and No. 84-710. Equal Employment Opportunity Commission, Petitioner

V. Mayor and City Council of Baltimore, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-589. Paul Edmond Bowling, Petitioner v. United States. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question I presented by the petition. Justice Powell took no part in the consideration or decision of this petition.

No. 84-648. Sedima, S. P. R. L., Petitioners Imrex Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. The case is set for oral argument in tandem with No. 84-822, American National Bank v. Haroco, Inc. Justice Powell took no part in the consideration or decision of this petition. No. 84-822. American National Bank and Trust Company of Chicago, et al., Petitioners v. Haroco, Inc., et al. Petition for writ of certiorari to 330 MONDAY, JANUARY 14, 1985 the United States Court of Appeals for the Seventh Circuit granted. The case is set for oral argument in tandem with No. 84-648, Sedima, S. P. R. L. V. Imrex Company. Justice Powell took no part in the consideration or decision of this petition.

No. 84-835. New Jersey Department of Corrections, Petitioner v. Richard Nash; and

No. 84-776. Philip S. Carchman, Mercer County Prosecutor, Peti- tioner V. Richard Nash. On petitions for writs 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 in 84-835 is granted. The petition for writ of certiorari in 84-776 is granted limited to Question I presented by the petition. The cases are consoHdated and a total of one hour is allotted for oral argument. Justice Powell took no part in the consideration or decision of these petitions.

Certiorari Denied

No. 83-1999. Sidney M. Eisenberg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-2011. William 0. Nishibayashi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6884. Julio Marcial Vistoso, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-15. Howard Young Sigler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-17. Robert Kent Lahodny and Barry Tarlow, Petitioners v. Peter Nunez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-197. Robert B. Sutton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 14, 1985 331

No. 84-269. Edward J. Bloom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-371. John J. Risko, Jr., Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-380. James David Osticco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-397. Leonard Melvin Weisser and Nana Hart, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-402. Emanuel Barshov and James E. Ross, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-432. Vito Mirabile, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-449. Roger Swift, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-490. Texas Oil & Gas Corp., Petitioner v. Arkla Exploration Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-496. Expedient Services Incorporated, et al.. Petitioners v. James M. Beggs, Administrator, National Aeronautics and Space Ad- ministration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-500. 162.20 Acres of Land, More or Less, Situated in Clay

County, Mississippi, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth 332 MONDAY, JANUARY 14, 1985

Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-519. Clark Oil & Refining Corporation, Petitioner u Lehman Brothers Kuhn Loeb, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-526. Gordon Pennell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-549. Irving M. Drobny, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-564. Germantown Hospital and Medical Center, et al.. Peti- tioners u Margaret M. Heckler, Secretary of Health and Human Serv- ices. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-575. Oak Beach Inn Corp., et al.. Petitioners v. Babylon Beacon, Inc., dba Babylon Beacon Newspaper, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Pow- ell took no part in the consideration or decision of this petition. No. 84-598. Burlington Northern Railroad Company, etc.. Petitioner

V. Ray Fravel. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-616. Edward R. Mub-oy, dba Mulroy Dairy Farms, Petitioner

V, John R. Block, Secretary of Agriculture of the United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-652. Chas. S. Tanner Co., et al., Petitioners u Air Products and Chemicals, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-715. Alabama and Charles A. Graddick, Attorney General,

Petitioners v, Darryl Pruitt. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 14, 1985 333

No. 84-719. Mark Wayne, et ux., Petitioners v. Tennessee Valley Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-747. Donald N. Lloyd, et ux., Petitioners v. Professional Re- alty Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-749. Clarence Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-760. Rose Hall Limited, Petitioner v. Chase Manhattan Over- seas Banking Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-772. Gannett Co., Inc., et al.. Petitioners v. Hammer De- Roburt. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-777. Arlington County and Michael Kyle, Petitioners v. Alvin B. Biscoe, Jr. and Eleanor L. Biscoe. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-779. Richard J. Lorette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-788. Robert F. Landers, Petitioner u State Farm Mutual Automobile Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition. No. 84-789. C. Amholt Smith, Petitioner u California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-791. Robert Gallaher, et aL, Petitioners v. Roman Catholic Archbishop of San Francisco, et al. Petition for writ of certiorari to the 334 MONDAY, JANUARY 14, 1985

Court of Appeal of California, First Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-793. Adjusters Replace-A-Car, Inc., et al.. Petitioners v. Agency Rent-A-Car, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-794. Mid-America National Bank of Chicago, etc., et al.. Peti- tioners V. First Savings and Loan Association of South Holland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-795. Herbert D. Howard, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-796. Trace X Chemical, Inc., et al.. Petitioners v. Canadian Industries, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-799. M. Frenville Co., Inc. and Rudolph F. Frenville, Sr.,

Petitioners v. Avellino & Bienes. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

Noc 84-800. American Fundamentalist Church, Petitioner v. County of Hennepin. Petition for writ of certiorari to the Supreme Court of Minnesota denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-802. J. D. Spencer, Jr., Petitioner v. Missouri Pacific Rail- road Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-804. Royal Drug Company, Inc., etc., et al.. Petitioners u Group Life and Health Insurance Company, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-859. Wilton Johnson, Petitioner v. Consolidated Rail Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 14, 1985 335

No. 84-860. Robert J. Patton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-864. Miller Brewing Company, Petitioner v. Brewery Work- ers Local Union No. 9, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-891. Jacqueline M. Yarrington, Petitioner v. United States Department of Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-947. Joann Williams, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5019. Eugene Couser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5025. Gary Arthur Teague, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5174. Vidal Aguirre, Jr., Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5197. Gregory Crutchfield, Petitioner v, Louie L. Wain- wright. Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5201. Don L. Hart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5220. John Soures, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 336 MONDAY, JANUARY 14, 1985

No. 84-5237. William R. Zigmont, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5274. Mark Lee Meadows, Petitioner v. United States; and

No. 84-5463. Mark Lee Meadows, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions. No. 84-5276. John Joseph Edler, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5291. Albert H. Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5348. Michael C. Antonelli, Petitioner v. Richard Samuels, et alo Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5364. James Butler, Petitioner v. Louie L. Wainwright, 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5371. Jose C. Arroyo-Zavala, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5398. John Ray Eamhart, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5401. Carlos Murietta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 14, 1985 337

No. 84-5444. Eddie Wright, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5454. William Staples, Petitioner v. Mark Towne, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5535. Robert J. Morgan, Petitioner v. Thomas R. Israel, Superintendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5572. Kenneth Howard Bates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5616. Amy Ouellette, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5622. Robert Joost, Petitioner v. Lloyd MacMahon. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5640. Laurack D. Bray, Petitioner v, Howard University, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5644. S. J. Vandross, Petitioner v. Palmetto Savings and Loan Association. Petition for writ of certiorari to the Court of Com- mon Pleas of South Carolina, Marion County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5650. Cathleen Pihlblad, Petitioner v. Starke County Welfare Department. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5675. Allen Ray Hankerson, Petitioner v. James M. Reas- beck, et al. Petition for writ of certiorari to the United States Court of 338 MONDAY, JANUARY 14, 1985

Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5707. James J. O'Brien, Petitioner v, Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5721. William Frederic Draper, Petitioner v. Medical Depart- ment, James River Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5722. David Bruce Mills, Petitioner v. Robert E. Dorsey. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5723. Clara W. Edwards, Petitioner v. CETA Services. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5724. Clara W. Edwards, Petitioner v. Home Improvers. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5725. Clara W. Edwards, Petitioner v. Reserve Life Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5726. Henry J. Fordham, et al.. Petitioners v. National Bank of Boyertown. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5730. Henry Joseph Fordham, Petitioner v. Leon A. Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5732. Jewell L. Woods, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied. Jus- tice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 14, 1985 339

No. 84-5738. Listle Vaughn, Petitioner v. Robert Britton, Commis- sioner, Alabama Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5741. Darren Hooks, Petitioner v. Honorable Matthew S.

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

No. 84-5744. Michael A. Helm, Petitioner v. Donald Wyrick, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5746. Herman H. Cohorst, Petitioner v. United States Steel and Carnegie Pension Fund. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5747. William Wentworth Foster, Petitioner v. Honorable Arthur Litz, Judge, etc. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5749. Virginia Bridges, et al.. Petitioners v. Phillips Petro- leum Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5751. Harry H. Franks, Petitioner v. Manfred G. Holland, Warden, etc. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5752. Vincin Davis, 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5754. J. P. Haynes, Petitioner v. Basil Gaines, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5758. George McMillan, Petitioner v. Robert Contigulia. Peti- tion for writ of certiorari to the United States Court of Appeals for the 340 MONDAY, JANUARY 14, 1985

Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5759. Jerry T. Melton, Petitioner v. Richard H. Rison, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5760. Robert Dale Miller, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5761. Kelvin Ray Smith, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5765. Sandra M. Robertson, Petitioner v. William A, Robert- son. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No, 84-5766. Kent Norman, Petitioner v. Bob Benning, Superintend- ent, Oregon State Hospital. Petition for writ of certiorari to the Supreme Court of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5768. Richard L. Spreacker, Petitioner v. Manfred Holland, Warden. Petition for writ of certiorari to the Circuit Court of West Virginia, Putman County denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5769. Brooks Rogers, Petitioner v. Jack Duckworth, Warden,

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

No. 84-5777. Roosevelt Booker Cobb, Petitioner v. New York, Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5779. Karl Heinz Harig, Petitioner v. United States, Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5785. Reginald E. David, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court MONDAY, JANUARY 14, 1985 341

of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5790. Louis Ortega, Petitioner v. Keith S. Bum, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5793. Armen B. Condo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5800. Alberto Hurtado-Micolta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5803. Michael C. Antonelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5805. Joe Sam Duncan, Jr., Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5812. Robert Jay Collins, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5818. James Debardeleban, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5826. Anita L. Russell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5836. Franklin R. Means, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5840. Barbara Jean Patton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the MONDAY, JANUARY 14, 1985

Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5842. Hamp Phillips, etc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5846. Dibrell Ray Norris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5849. John Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5853. Noel Edward Plunkett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5855. Josiah L. Merrill, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration ( or decision of this petition.

No. 84-5859c Peter T. Bertin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5861. Roy Clifton Ames, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5867. Ronald Eugene Presley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5876. Samuel Joseph Benedetto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for

the Third Circuit denied. Justice Powell took no part in the consider- ^ ation or decision of this petition.

No. 84-5882. Gilbert Jones, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth MONDAY, JANUARY 14, 1985 343

Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5885. Fabio Alonso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6865. Harold Vincent, Petitioner v, Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Brennan with whom Jus- tice Marshall joins. Justice Powell took no part in the consideration or decision of this petition.

No. 84-49. Russell Sweat and Richard "Bud" Sweat, Petitioners v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Powell took no part in the consideration or decision of this petition.

No. 84-764. In Re New Orleans Public Service, Inc., Petitioner. The petition for writ of certiorari and/or mandamus to the United States Court of Appeals for the Fifth Circuit is denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-825. Northwest Airlines, Inc., Petitioner v. Mary P. Laffey, et al. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Blackmun and Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-906. Gary Carson, Petitioner v. American Telephone and Telegraph Technologies, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-5369. Paul Woodward, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Marshall would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5538. Willie Watson, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition. 344 MONDAY, JANUARY 14, 1985

No. 84-5625. Van Roosevelt Solomon, Petitioner v, Ralph Kemp, Warden. 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. Justice Powell took no part in the consideration or decision of this petition. No. 84-5632. Larry Eugene Mann, Petitioner u Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5659. Omar Blanco, Petitioner v, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5776. David Gorham, Petitioner v, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 83-1971. Illinois, Petitioner v, Charles Washington;

No. 83-2065. Roland A. Jones, Petitioner v. Department of Human Resources of Georgia, et al.;

No. 83-6997. Jerry Witherspoon, etc., Petitioner v. Robert Cordier, et ai.;

No. 83-7010. Brenda J. DePriest, Petitioner v. Sammie Lynn Puett, Commissioner, Tennessee Department of Human Services, et al.; No. 84-191. Sydney M. Eisenberg, Petitioners. Robert E. Schwalbe;

No. 84-274. Knapp Street Realty Corporation, Petitioner v. Wiscon- sin Insurance Plan, et al.; No. 84-5010. Clifford Dixon Noe, Petitioner u Joe Neaves, Warden, et al.;

No. 84-5051. Burl Anderson Howell, Petitioner v. Maryland;

No. 84-5314. Alexander Kulik, Petitioner v. California;

No. 84-5380. Frank A. Sununa, Appellant v. James Hasson, et al.;

No. 84-5432. Debra Melanie Udell, Petitioner v. District of Columbia Court of Appeals Committee on Admissions;

No. 84-5457. Dennis C. Fulsom, Petitioner v. Carl White, Super- intendent, Moberly Training Center; MONDAY, JANUARY 14, 1985 345

No. 84-5506. Bemie J. E. Dingle, Appellant v, Calvin D. Simpkins, etc.;

No. 84-5528. Barbara Piatkowska, Petitioner v. Industrial Indemnity Company; and

No. 84-5533. Randall G. Stephens, Petitioner v. William S. Sneath, etc., et al. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 83-826. Hamed & Salem, Inc., Petitioner v. United States;

No. 83-6770. Anthony David Harris, Petitioner v. United States; and

No. 84-5366. Clarence R. Hayes, Petitioner v. Brotherhood of Rail- way and Airline Clerks, Allied Services Division. The motions for leave to file petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these motions.

Recess Order

The Court will take a recess from Monday, January 21, 1985, until Tuesday, February 19, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

H. Steve Abemathy Canton, GA PhiUip Mitchell Landrum Jr. David S. Addington Washington, DC Gary Michael Chase Will Aitchison Portland, OR Samuel J.

1 Imperati Marlyn J. Altman West Pahn Beach, Joy B. Shearer FL Samuel George Amendolara Youngstown, OH Thomas E. Zena Desmond T. Barry Jr. New York, NY George Nelson Tompkins Jr. Robert Michael Beck Oklahoma City, Raymond Naifeh OK Elihu H. Berman Clearwater, FL Stewart L. Krug Walter Lee Bragan Jr. Birmingham, AL James S. Garrett Kevin Edward Brennen Amarillo, TX Larry Ray Brandon .

346 MONDAY, JANUARY 14, 1985

Applicant City and State Movant

TT Raymond Howard Carlson Lansmg, XL Marvm Peter Nerseth Rano Channan New York, NY James L. Magavem

L^arreu iveiin v-^nerry iNew wrieans, LiJx uavia Ij. v>'ampueii Dana Paul Dalton uaiias, lA James Lenox ITUltL v^naries Hi. uaviaow wasmngton, jonn 11. ricKermg x^niiip uraaiey jjavis iiiouquerque, iNivi xvicnara ii. s\osens LOCK Robert Slattery Davis Shreveport, LA 1 nomas Newton Williams josepn kj, uonanue iiugusia, luiii v^naries r i^mgnianTiinrrTviaTi iieraia ratricK uutt ot. olairsville, Un i5emara \j. ijancione Larry Quincy Evans Houston, lA Craig Anthony w asnmgion

James r armer JDOStOn, MA X aui r . w are o r. William Edmund Furber Augusta, ME otepnen A. Johnson Michael Thomas Garone rortlana, UK i5emara J ones WiUiam J. Genego Los Angeles, CA Dennis E. Curtis Adriano Ramon Gronzalez Miami, r L Frank Diaz Silveira T t:i Raymond J. Gordon Joplin, MO James E. Brown 1 1 T> Steven W. Hale Seattle, WA Edward R. T 1 1 T Langenbach Jr. •n • T 111 Eric James Haugdahl Tallahassee, FL Martm S. FriedmanTH • J nr' 1 1 T> Charles K. Hutchens Lafayette, LA Michael D. Skinner iVLiiton A. iiatsKee umana, is 15 C. Arlen Beam Joel Martin Levy Santa Monica, CA Stephen Payne Wiman Greorge Grant Liser III Fort Worth, TX Beale Dean Jay Scott MacNeill Westfield, NJ Robert P. McDonough MONDAY, JANUARY 14, 1985 347

Applicant City and State Movant

Mary Jo Manning Washington, DC John D. Lane Douglas Kennard Mansfield Boston, MA Thomas Day Edwards Maria Kyle Markman Los Angeles, CA John K. Van de Kamp Steven Jonathan Metalitz Washington, DC Charles McCurdy Mathias Jr. James Hugh Miller III Birmingham, AL S. Eason Balch

DennisA^ÂXAMAm^ A.A Aft SimonoietrimÂAAA\ÂAKfA^VA A San Juan, PR Judge Juan R. Monefeldt Torruella-del Valle Patrick Edward Moore Okmulgee, OK Maurice H. Merrill John K. Nelson Toledo, OH T. Scott Johnston Robert E. Nesemann Peoria, IL Bradford B. Ingram Jean Pierre Nogues Los Angeles, CA Arthur Groman William Lyon Pardee Boston, MA Thomas R. Kiley

Stenhen Mvron Pave Miami.XTXA%mA AAA % FLX X^ wJeffi'evX^XXX ? I^WM«XXStuartw Weiner

Dan Mark Peterson OverlandT wx acuava XParkcu a^j Wilkes Coleman KS XWUUiOvfAl Dpborah 0 Poorp Fort Lauderdale Robert DeWitt FL Mcintosh

Jonathan "B Sallet Washinoton DC XXCX w V Vflill Miller .Ir Keith Alan Schafer Fort Lauderdale, Ralph Jackson FL Ray Jr.

Bruce H Schneider NewX^^Tv YorkX wX XV^ NYX^ X Charles G Moerdler Palmer Singleton Washinston. DC Sarah Michael SiTicylptnii

WalterTf CUWWX X^^VrXVWXBecker kjA\J^\jAAAmjK^Slocombe Washineton DC Honftrablp Arthur J. Groldberg Wilson S. Stober Indianapolis, IN Virgil L. Beeler Morris Stutzman Wooster, OH Ronald E. Holtman Robert I. Targ Miami, FL Jeffi-ey Stuart Weiner 348 MONDAY, JANUARY 14, 1985

Applicant City and State Movant

William Loren Waterhouse Los Angeles, CA Gary R. Netzer Terry Ann White Amarillo, TX Larry Ray Brandon Vernon Lee Woolston Jr. Seattle, WA John David Dillow John Peter Zaimes Los Angeles, CA Michael M. Johnson

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Bernard James Apperson Falls Church, VA Ann Anderson III Apperson Thomas A. Pearlman Birmingham, MI Jay M. Kohom David Piontkowsky Ann Arbor, MI Jay M. Kohom

Oral Arguments

No. 82-1889. Springfield Township School District, et al.. Petitioners

V. Madelin H. Knoll. Argued by Mr. Charles Potash for the petitioners and by Mr. Robert H. Chanin for the respondent.

No. 83-2146. Richard Wilson and Martin Vigil, Petitioners v. Gary Garcia. Argued by Mr. Bruce Hall for the petitioners and by Mr. Ste- ven G. Farber for the respondent. No. 83-1545. Western Air Lines, Inc., Petitioners. Charles G. Cris- well, et al. Argued by Mr. Gordon Dean Booth, Jr., for the petitioner, by Mr. Raymond C. Fay for the respondents, and by Mr. Lawrence G. Wallace for the United States and Equal Employment Opportunity Commission as amid curiae in support of the respondents, by special leave of Court. No. 83-2030. Board of Education of the City of Oklahoma City, Okla- homa, Appellant v. National Gay Task Force. Argued by Mr. Dennis W. Arrow for the appellant and by Mr. Laurence H. Tribe for the appellee.

Adjourned until tomorrow at 10 o'clock. (JOURNAL) TUESDAY, JANUARY 15, 1985 349 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinion

No. 83-712. New Jersey, Petitioner v. T. L. 0. On writ of certiorari to the Supreme Court of New Jersey. Judgment reversed and case remanded to the Supreme Court of New Jersey for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Powell with whom Justice O'Con- nor joins. Opinion by Justice Blackmun concurring in the judgment. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Marshall joins and with whom Justice Brennan joins as to Part I.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Jeffery Anne Tatum Washington, DC James Lowry Nolan Susan L. Flaherty Washington, DC Thomas Arden Roha Oral Arguments

No. 83-1785. Air France, Petitioner v. Valerie Hermien Saks. Argued by Mr. Stephen C. Johnson for the petitioner, by Mr. Carroll E. Dubuc for the Republic of France, as amicus curiae supporting petitioner, by special order of the Court, and by Mr. Bennett M. Cohen for the respondent.

No. 83-1807. Eastern Air Lines, Inc., Petitioner v. Robert F. Mahfoud, etc. Argued by Mr. Richard M. Sharp for the petitioner and by Mr. George E. Farrell for the respondent.

No. 83-2161. Montana, et al.. Petitioners v. Blackfeet Tribe of In- dians. Argued by Ms. Deirdre Boggs for the petitioners, by Ms. Jeanne S. Whiteing for the respondent, and by Mr. Edwin S. Kneedler for the United States as amixms curiae supporting respondent, by special order of the Court. 350 TUESDAY, JANUARY 15, 1985

No. 83-1492. National Railroad Passenger Corporation, Appellant v. Atchison, Topeka and Santa Fe Railway Company, et al.; and No. 83-1633. Atchison, Topeka and Santa Fe Railway Company, et al.. Appellants v. National Railroad Passenger Corporation. Argued by Mr. Paul F. Mickey, Jr., for the National Raih-oad Passenger Cor- poration, by Mr. Samuel A. Alito for the United States supporting the National Railroad Passenger Corporation, and by Mr. George A. Platz for the Atchison, Topeka and Santa Fe Railway Company, et aL

Adjourned until tomorrow at 10 o'clock.

No. A-541. Doyle Edward Skillem, Applicant v, Raymond Pro- cunier, Director, Texas Department of Corrections, et al. The application for stay of execution of the sentence of death scheduled for Wednesday, January 16, 1985, presented to Justice White and by him referred to the Court is denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Powell took no part in the consideration or decision of this application. (JOURNAL) WEDNESDAY, JANUARY 16, 1985 351 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lew Wallace Cramer Los Angeles, CA Solicitor Greneral Rex E. Lee Douglas E. McAllister Vienna, VA Solicitor General Rex E. Lee Joyce Blackfield Ladar San Francisco, CA Jerrold M. Ladar George M. Chuzi Falls Church, VA June D. W. Kalijarvi

Oral Arguments

No. 83-1750. United States, Petitioner v. James Rual Miller. Argued by Mr. Andrew L. Frey for the petitioner and by Mr. Jerrold M. Ladar for the respondent.

No. 83-1842. Jonathan Garrett, Petitioner v. United States. Argued by Mr. Philip A. DeMassa for the petitioner and by Mr. Mark L Levy for the respondent.

No. 84-9. Massachusetts Mutual Life Insurance Company, et al..

Petitioners v. Doris Russell. Argued by Mr. John E. Nolan, Jr., for the petitioners and by Mr. Brad N. Baker for the respondent.

No. 83-1748. Allis-Chalmers Corporation, Petitioner v. Roderick S. Lueck. Argued by Mr. Theophil C. Kammholz for the petitioner and by Mr. Gerald S. Boisits for the respondent.

Adjourned until Monday, January 21, 1985 at 10 o'clock. X

(JOURNAL) MONDAY, JANUARY 21, 1985 353 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-807. Boehringer Mannheim Diagnostics, Inc., fka Hycel, Inc.,

Appellant v. Pan American World Airways, Inc. Appeal from the United States Court of Appeals for the Fifth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Jus- tice Powell took no part in the consideration or decision of this case.

No. 84-846. William Randolph Klein, Appellant v. Florida. Appeal from the Circuit Court of Twelfth Judicial Circuit of Florida, Sarasota County. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-5481. Saul Vega, Appellant v. New York. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-5875. Randolph E. Neal, Jr., Appellant v. American Tele- phone and Telegraph Co., etc.; and Randolph E. Neal, Jr., Appellant v. City of Huntsville, etc. Appeal from the Supreme Court of Alabama. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this case.

Orders in Pending Cases

No. A-485. Eugene J. Carella, Applicant u Billy M. Cooper and Gen- eral Electric Company, Inc. , et al. The application to recall and stay the mandate addressed to Justice White and referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application. 354 MONDAY, JANUARY 21, 1985

No. I>-458. In the Matter of Disbarment of Joseph J. Rey, Sr. Dis- barment order entered.

No. I>-472, In the Matter of Disbarment of Alan Manning Miller. It is ordered that Alan Manning Miller, of Garden City, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 83-1935. Tony and Susan Alamo Foundation, et al.. Petitioners

V. Raymond J. Donovan, Secretary of Labor. The motion of American

Civil Liberties Union for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K Landreth, et al. The motion of the Sohcitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-165. W. George Gould, Petitioner v. Max A. Ruefenacht, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied. Justice Powell took no part in the consideration or decision of this motion.

No, 83-2143. Tennessee, Petitioner v. Harvey J. Street. The motion of the Sohcitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-28. Donald C. Brockett, Appellant v. Spokane Arcades, Inc., et aL; and No. 84-143. Kenneth Eikenberry, Attorney General of Washington, et al.. Appellants u J-R Distributors, Inc., et al. The motion of Ameri- can Booksellers Association, Inc., et al. for leave to file a brief as amici curiae is granted. Justice Powell took no part in the consideration or decision of this motion. No. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri

Board of Probation and Parole, Petitioners v. Nicholas J. Romano. The motion of the Attorney General of Missouri to permit David C. Mason, Esquire, of Jefferson City, Missouri, to argue pro hac vice is granted. Justice Powell took no part in the consideration or decision of this motion. MONDAY, JANUARY 21, 1985 355

No. 84-718. Robert L. Mendenhall, Petitioner v. United States, et al. The motion of Wayne Winters, Editor and Publisher of Western Pros- pector and Miner, for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-5343. Ruel Hux, Jr., Petitioner v. A. I. Murphy, Warden, et al. The motion of petitioner to consolidate this case with No. 83-1590,

Francis v. Franklin, is denied. Justice Powell took no part in the consideration or decision of this motion.

Certiorari Granted

No. 84-755. United States, Petitioner v. Rosa Elvira Montoya de Hernandez. 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. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-823. United States, Petitioner v. John Doe No. 462. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. Justice Powell took no part in the consideration or decision of this petition.

No. 84-861. National Labor Relations Board, Petitioner v. Interna- tional Longshoremen's Association, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit granted. Justice Powell took no part in the consideration or decision of this petition.

Certiorari Denied

No. 83-1038. Helen Doring, Executrix of the Estate of Jessie E.

Kerber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition. No. 83-1647. Lindy Pen Company, Inc., and Blackfeet Plastics, Inc.,

Petitioners v. Bic Pen Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-1864. Richard Thomburgh, Governor of Pennsylvania, et al.,

Petitioners v. Martin Nelson, Paula Buntele, and Thomas Mobley. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 356 MONDAY, JANUARY 21, 1985

No. 83-1988. Giovanni Masi, aka "John Masi," Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6713. John W. Rankins, Jr., Petitioners. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6885. Claude K. West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6962. Williard Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-67. James L. Linder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-372. Alan Friedrich, Petitioner v. United States; and No. 84-409. Edward M. Beasley and Sidney K. Bradley, Petitioners u United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-452. Larry Weldon Todd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-482. Keith H. Gustafson, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-525. Baylor University Medical Center, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-537. George E. Austin, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- MONDAY, JANUARY 21, 1985 357 phia Office, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-544. Association of California Water Agencies, et al., Peti- tioners V. United States, et al.; and

No. 84-553. County of Del Norte, California, et al., Petitioners v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-577. Clifton L. Goodrich, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-579. Samuel Schuster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-595. Alan R. Jampol and Nolan F. King, Petitioners v. South- em California Retail Clerks Union and Drug Employer Pension and Trust Fund. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-610. MA^ Torvanger and Westfal Larsen & Co., A/S, Peti- tioners V. Quaker Oats Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-612. James W. Yarbro and Mary E. Yarbro, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-637. Catherine Peterson, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-650. Bristol-Myers Company, Petitioner v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-682. Helen T. Monagle, Petitioner v. William F. Bolger, Post- master General of the United States. Petition for writ of certiorari to 358 MONDAY, JANUARY 21, 1985 the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-743. Betty A. Rosen, Petitioner v. Chrysler Plastic Products Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-751. Lonnie Lewis, Petitioner v. Joseph Magnin Co., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-765. Evelyn Hillier, Individually and as Administratrix of the

Estate of Henry Hillier, Deceased, Petitioner v. Southern Towing

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

No. 84-787. Garo Lauderback, Petitioner v. American Broadcasting Companies, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-792. Joseph Foering, Petitioner v. Lawrence Stratton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-803. Michigan, Petitioner v. Carolin Burbank. Petition for writ of certiorari to the Court of Appeals of Michigan denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-810. Max Schneier, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-813. Hershel D. Murvine, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-817. Paul F. Fox and Morris S. Exler, etc.. Petitioners v. Consolidated Rail Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-820. Earlene Polyak, Petitioner v. Frank Hulen and Wilma Lesnansky. Petition for writ of certiorari to the Court of Appeals of MONDAY, JANUARY 21, 1985 359

Tennessee, Middle Division, denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-830. Ethicon, Inc., Petitioners. Handgards, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-837. Paul Jacobs, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Pow-

ell took no part in the consideration or decision of this petition.

No. 84-838. Noel George, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Pow- ell took no part in the consideration or decision of this petition.

No. 84-840. Andrew A. Kashetta, Petitioner v. Lottie L. Kashetta. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-841. Andrew A. Kashetta, Petitioner v. Lottie L. Kashetta. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-844. Home Placement Service, Inc., Petitioners Providence Journal Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-845. John V. Arvanis, dba Industrial Contractors, et al., Peti-

tioners V. Noslo Engineering Consultants, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-847. Demetrius Green, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-857. National Loss Control Service Corporation, Petitioner v. Billy Canipe. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-862. Michael A. Weiss, Petitioner v. Geraldine Gill, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 360 MONDAY, JANUARY 21, 1985

No. 84-863. Wiley G. Griffith and Carrie A. Griffith, Petitioners u Montgomery County, Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-865. Dale J. Gero, Petitioner v. Anthony J. Pires and City of Pittsfield. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-868. Puerto Rico Aqueduct and Sewer Authority, Petitioner

V. Paul N. Howard Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-872. Avco Corporation, Petitioner v. Precision Air Parts, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-876. Valencia Trice Batiste, aka Veronica Williams, Peti- tioner u Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-882. Arnold Baumann, Petitioner v. Typographic Innova- tions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-886. James Sundstrom Sullivan, et ux., Petitioners v. First Peoples Bank of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-887. Connecticut, Petitioner v. Donald Couture. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-892. Rodney Bryant, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-893. The Omega Corporation of Chesterfield, Petitioner u D. Duane Malloy, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 21, 1985 361

No. 84-907. Fred Lavery Porsche Audi Co., et al., Petitioners v. Robert W. Keams. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-913. Linda Fleishman, Petitioner v. Eli Lilly and Company, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-927. Francoise George, Petitioner v. Carl George. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-938. Robert A. Buss, Petitioner v. Western Airlines, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-968. Burl Eugene Causey, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5178. Dean Frederick Vereen, Petitioner v. United States; and

No. 84-5179. Charles Allen Tuttle, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-5423. Lauriberto Ignacio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5449. Stephen M. Fuller and Margaret W, Fuller, Petitioners

V. Rex E. Lee, Solicitor General of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5476. Richard D. Spainhower, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 362 MONDAY, JANUARY 21, 1985

No. 84-5502. Patrick James Campbell, Petitioner v. William Clark, Secretary of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5518. David Earl Fleming, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5520. Glenn Charles, Petitioner v. Dale E. Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5525. James Owen, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5526. John D. Roberts, Petitioner v. Ronald C. Marshall, Su- perintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5529. Michael Charles Ward, Petitioner v. Huron County Cir- cuit Judge Knoblock, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5560. Howard Stroger, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5582. Fred Mabery, Petitioner u H. Knight, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5618. James Elwood Miller, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5637. Terry Freeman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 21, 1985 363

No. 84-5753. Paul Handy Nunley, Petitioner v. Mack H. Alford, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5773. Sandy Sumerlin, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5778. Sidney Foster, Petitioner v. Richard DeRobertis, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5780. Jean H. Gadomski, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5787. Dennis Vertin, Petitioner v. Theodore Koehler, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5788. Frank L. Ross, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5789. John E. Sellner, Petitioner v. Handgun Permit Review Board. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5791. Herman Banks, Petitioner v. Kenneth McGinnis, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5798. Albert William Demoran, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5799. Otto Krupp, Petitioner u Edward O'Lone, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 364 MONDAY, JANUARY 21, 1985

No. 84-5806. Roy Anderson Day, Petitioner v. Supreme Court of Texas, et al. Petition for writ of certiorari to the Court of Appeals of Texas, First Supreme Judicial District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5807. Paul E. Kane, Petitioner v. Benjamin F. Baer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5809. Jeanne Baird, Petitioner v. Walter Peterson, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5810. Duane Keith Brown, Petitioner v. Corporal Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5813. James Crews, Petitioner v. District Attorney of Com- mon Pleas Court for Washington County, Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5815. Ernest E. Mahler, Petitioner?;. Charles G. Ward, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5823. Don F. Wood, Petitioner v. Olivia J. Garland, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5828. Stefano Rocco, Petitioner v. Central Municipal Court, County of Orange. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5830. Henry J. Fordham, Petitioner v. National Bank of Boyertown. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5831. Kathryn P. LaGrange, Petitioner v. Brock Jones,

Judge, et al. Petition for writ of certiorari to the United States Court of MONDAY, JANUARY 21, 1985 365

Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5832. Michael Pozworski, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5833. David Lee Carr, Petitioner v. Manfred Holland, War- den. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5839. James McCory Rooks, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5847. Johnny Lee Moore, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5858. Amanda Jordan, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of IlHnois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5888. James L. Whitehurst, Petitioner v. Virginia State Bar, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5891. William M. Slater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5895. Mandel R. Cooper, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5897. Randy Hoskins, Petitioner v. IlUnois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice Powell took no part in the consideration or decision of this petition. 366 MONDAY, JANUARY 21, 1985

No. 84-5906. Howard Hossman, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Pow- ell took no part in the consideration or decision of this petition.

No. 84-5913. Kenneth Hersom, Petitioner v. United States Army. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5916. Israel Morejon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5917. Donald Witherspoon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5919. Herbert Otto, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5923. Elias Que Salvador, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5926. Clarence V. Saunders, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5928. David Duffy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5937. Gaetanino Polselli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5947. Sammy Lawson, Petitioner v. Edward O'Lone, Super- intendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, JANUARY 21, 1985 367

No. 84-5949. Ramon Travieso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-21. William J. Scott, etc., Petitioners. City of Hammond, In-

diana, et al.; and

No. 84-38. Illinois, et al., Petitioners v. City of Milwaukee, et al.; and

Illinois, et al.. Petitioners v. Sanitary District of Hammond, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White and Justice Blackmun would grant certiorari. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-288. The Sacramento Bee, Petitioner v. Municipal Court of California, Sacramento County, (Ronny William Mozingo, Real Party in Interest). The motion of respondent Mozingo for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-842. Jack Faucett Associates, Inc., et al.. Petitioners v.

American Telephone and Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-880. Shamrock Foods Company, Petitioner v, Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-5817. Walter Lee Caruthers, 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5864. Edward Kennedy, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement of Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition. 368 MONDAY, JANUARY 21, 1985 Mandamus Denied

No. 84-5802. In Re David Ely, Petitioner. Petition for writ of mandamus is denied. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 83-6775. Lillian Thompson, Petitioner v. Louisiana; No. 84-5579. Harvey Johnpoll, Petitioner u United States;

No. 84-5647. John R. Mazak, Petitioner v. United States; and

No. 84-5715. Alphonso D'Arco, Petitioner v. United States. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-5483. Hugh Mcintosh, Petitioner v. United States, et al. The motion for leave to file a petition for rehearing and all other relief is denied. Justice Powell took no part in the consideration or decision of this motion.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John Arza Adams Salt Lake City, George E. UT MacKinnon Suzanne R. Armstrong Tampa, FL Bruce Robert Jacob Joseph Rosengarten West Palm Beach, Jack Alan Atterbury FL Goldberger Grady Gaston Ayers Orlando, FL R. David Ayers Jr. Laurence H. Bartlett Daytona Beach, Christopher FL Sinclair Quarles San Francisco, CA Richard Neil Snyder Wayne J. Boehle Los Angeles, CA Laurence R. Corcoran Christine Ann Bologna Sacramento, CA John Bernard LaRocco Jacqueline Marie Boney Toledo, OH Cary Rodman Cooper MONDAY, JANUARY 21, 1985 369

Applicant City and State Movant

Scott Eugene Borg Albuquerque, NM Richard W. Hughes John R. Browning Dallas, TX Allah B. Conant Jr. Michael Ellis Bulson Ogden, UT Anne Milne Barbara B. Butler New York, NY Jeffrey L Slonim Anthony Michael Carlino Hackensack, NJ Frank V. D. Lloyd Patrick Joseph Chambers San Diego, CA Laurence Charles Baldauf Jr. David Edward Chemy Boston, MA Jacob M. Atwood Thomas James Coleman Wichita, KS Robert T. Stephan Gerald L. Coon Danbury, CT Robert Cecil Brown Chapman B. Cox Denver, CO Leonard Niederlehner James Franklin Crane Tucson, AZ George B. Morse John B. Crowell Jr. Portland, OR Joseph B. McGrath James Owen Cunningham Orlando, FL Jack F. Durie Jr. Marilyn Fagan Damelio Cleveland, OH Howard Russell Besser Victor P. DeBianchi Jr. Hollywood, FL Angeline Gaglio Weir Nicholas J. DiMichael Washington, DC John M. Cleary Peter Mitchell Donat Batavia, IL Stephen M. Cooper Walter J. Donat Batavia, IL Richard Lynn Cooper Craig A. Donley Montgomery, AL Frank DeCalve Marsh Todd Brandon Eder Fort Lee, NJ Harold N. Eder Richard F. Engel West Windsor, NJ Lawrence G. Moncher Thomas J. Escovar Cleveland, OH Charles S. Tricarichi Angelo J. Falciani Woodbury, NJ Joseph F. Lisa Benjamin F. Farah Cleveland, OH Charles S. Tricarichi

- i 370 MONDAY, JANUARY 21, 1985

Applicant City and State Movant

Lauren W. Field New York, NY R. Bruce Rich Oscar M. Garibaldi Washington, DC Brice McAddo Clagett Billington M. Garrett Montgomery, AL Helen Patrice Nelson Kenneth A. Gelburd Philadelphia, PA K. W. James Rochow Hadassa Katzenellenbogen Los Angeles, CA Jerry Pacht Gilbert Robert L. Glushon Woodland HiUs, David L. Shane CA Richard Lee Griffin Fort Worth, TX BiU Kimble Raymond J. Hafsten Jr. Indianapolis, IN Larry Allyn Conrad Jane Compton Hammett New York, NY Irving Schneider William A. Harrison Honolulu, HI Wayne Douglas Parsons Fritz B. Hax Los Angeles, CA Laurence R. Corcoran Hugh C. Henderson Birmingham, AL Tom L. Larkin Robyn M. Hill Westampton, NJ Verice Marlaine Mason Wayne Trenchard Hill Houston, TX Michael P. Fosher Martha Gail Ingram Montgomery, AL Helen Patrice Nelson Bruce L. Kamplain Indianapolis, IN Linley E. Pearson Leslie P. Klemperer Atlanta, GA James W. Callison Philip Collins Kobetz Lafayette, LA Thomas Robert Shelton Frank J. Kolb Jr. Guilford, CT David D. Berdon Michael Alan Lamson Houston, TX Robert Richard Thornton Joseph Lawrence Los Angeles, CA Paul Lindsey Hoffman Raymond V. Loftin Jr. Houston, TX David E. Vamer William Randolph Loftis Jr. Winston-Salem, Ralph Madison NC Stockton Jr. Bruce Philip Mandel Cleveland, OH Harold H. Reader III MONDAY, JANUARY 21, 198S 371

Applicant City and State Movant

iiugn Alan iYiEiiiiiiig UKlailOma K^iiyy iViicnaei L/raig OK Turpen iviicnaei J enry iviarsn i50wiiiig vjrreen, w arren j onn IjOlz OH

nonalH -T TVTji'rtiTi AllgCia iJ. lVi.cU LiilC^ Narhprthll dX UCX illly PAX XX ±y\Jllal\l 0 , ITXctx till flint J. XlUIIlao i; . iVlCv^UUlU V^xLIitUIlynn X1±X\MA Wilh'amVV mialll TX . McGrail Thomas W Mprrill Chicaco IL George Arthur Platz III

XliVlWXllP^iHwin XJ«Ti ^TXCTVTpvpt*V vX«.Tt ^VoodhiiTV N.T Charlps\^ xXCLL IwO JpffrpvwXXx W V Sprigman Jr. Timothv Milo Mikula LaPorte IN Garv John Schoof Lita Sager Miller Columbus, OH Bruce Allen CamDbell Williain Thomas Ice Washington, DC Gregory F. Quinn Morrison Richard Marion Nichols Charleston SC Michael Anthonv Walker Stephen Charles O'Meara West Bend, WI Stephen M. O'Meara PhiHp D. O'Neill Jr. Boston, MA James D. St. Clair

Penni Leich Pearson Winston-Salem RalnhXvCvXUXX MadisonXfXMfVAXkJ\^XX NC Stockton Jr. Margie Jean Phelps Topeka, KS Charles S. Fisher Jr. Jerald Michael Pomerantz Weslaco TX Garland F Smith

^VilliamTT iXXXCUlX XJCXRpTTiarHIICU U XPt^votX V V^X NewX 1 C YV YorkX VJx x\, NYXI X Llovd P

kJXXSilvprsteinV ^X Ou^XXl Lewis Carl Piillev Philadelnhia PA Gordon Rennptt Finley Jr. Richard E. Quinn Peoria, IL Bradley Warren

T^rmhamXy UXXXiClfXXl Thomas V. Rasmussen Jr. Salt Lake City, Samuel F. UT Chamberlain

Aven Rennie New York, NY Jeffrey I. Slonim J. Gregg Riehl Berkeley, CA James Jay Seltzer Alan J. Saxe Newport Beach, Wayne Alfred CA Hersh 372 MONDAY, JANUARY 21, 1985

Applicant City and State Movant

• Jaccjueline Kaye Schroenng Louisville, KY Judge Edwm A. Schroering Jr.

Alfred Joseph Sciarrino ivit. iYioms, IN 1 Raymond L. Sciarrino (jrary bmirrnan Sherman Oaks, Donald Theodore CA Rocen (jreorge 1. bink Charleston, bC Michael Anthony Walker Thomas E. Skains Houston, 1a David L. Vamer raul March omith Washington, DO Joel 1. Klem Julian U. btanden San Francisco, CA limothy Graves Laddish John Laurence Straub loledo. Oil Richard b. Walinski Bruce Charles Vosguaman Maubu, OA David McKibbm, 3rd Rodney Nerses Vosguaman Maubu, OA David McKibbin, 3rd Kicnara A. Wall Los Angeles, CA Laurence R. Corcoran Andrea Joan Ward nouston, iA Jay D^ xloweU Jr.

0 1. , TT TT T oteven H. Wax Los Angeles, OA Terence Lloyd Rolbm Douglas Ueclge wmte Omcago, iij Joan M. ruciuo Brian Wrobel London, Lngland Robert Duane Carrow Winston Kingtak Zee Washington, DC Walter A. Slowinski Jana Zimmer Los Angeles, CA Robert Alan Bush

Opinions

No. 83-1625. United States, Petitioner v. Lyle Gerald Johns, 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 O'Connor. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 83-1622. Elizabeth Brandon, et al.. Petitioners v. John D. Holt, etc., et al. On writ of certiorari to the United States Court of Appeals MONDAY, JANUARY 21, 1985 373 for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Opinion by the Chief Justice concurring in the judgment. Dissenting opinion by Justice Rehnquist. No. 83-1427. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Johnny Paul Witt. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Jus- tice Rehnquist. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. No. 83-1378. Ralph W. Evitts, Superintendent, Blackburn Correc- tional Complex and David L. Armstrong, Attorney General, Petition- ers V. Keith E. Lucey. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice Rehnquist with whom the Chief Justice joins.

The Chief Justice said: "The Court will now rise to attend the inauguration of the President and Vice President of the United States."

Adjourned until Tuesday, February 19, 1985 at 10 o'clock. X

(JOURNAL) TUESDAY, JANUARY 29, 1985 375 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger^ Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-584. James David Raulerson, Applicant v. Louis L. Wain- wright. Secretary, Florida Department of Corrections, et al. The application for stay of execution of the sentence of death scheduled for Wednesday, January 30, 1985, presented to Justice Rehnquist and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this application.

(JOURNAL) TUESDAY, FEBRUARY 5, 1985 377 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-603. Louis L. Wainwright, Secretary, Florida Department of

Corrections, et al.. Applicants v. Carl Ray Songer. The Application to vacate the stay of execution of the sentence of death entered by the United States Court of Appeals for the Eleventh Circuit presented to Justice Rehnquist and by him referred to the Court is denied. Jus- tice Rehnquist dissents. The Chief Justice, Justice Powell and Jus- tice O'Connor took no part in the consideration or decision of this application.

(JOURNAL) FRIDAY, FEBRUARY 8, 1985 379 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-597. Willie Lawrence Celestine, Applicant v. Frank Black- bum, Warden, Louisiana State Penitentiary. The application for stay of execution of the sentence of death scheduled for Saturday, February 9, 1985, presented to Justice White and by him referred to the Court is granted pending the timely filing and disposition by this Court of a 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 writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court. Justice White, Justice Rehnquist, and Justice O'Connor would deny the application. Justice Powell took no part in the consideration or decision of this application.

(JOURNAL) TUESDAY, FEBRUARY 19, 1985 381 SUPREME COURT OF THE UNITED STATES

Appeals—Summary Disposition

No. 84-827. John Westhafer, Judge, Circuit Court of Decatur

County, Indiana, et al.. Appellants v. Worrell Newspapers of Indiana,

Inc., etc., et al. Appeal from the United States Court of Appeals for the Seventh Circuit. The judgment is affirmed. Justice Rehnquist would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case.

No. 84-833. Bean Dredging Corporation, Appellant v. Alabama. Ap- peal from the Court of Civil Appeals of Alabama. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-918. Union Central Life Insurance Company, Appellant v. Jo- anne Limbach, Tax Commissioner of Ohio. Appeal from the Supreme Court of Ohio. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-952. Julius M. Gerzof, Appellant v. Grievance Committee for the Tenth Judicial District. Appeal from the Appellate Division, Su- preme Court of New York, Second Judicial Department. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case. No. 84-1040. Mary Williams Cazalas, Dative Testamentary Execu- trix of the Succession of Albert Joseph Cazalas, Appellant v. Julia C. Griot, Dative Testamentary Executrix, etc. Appeal from the Court of Appeal of Louisiana, Fourth Circuit. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-911. Erich Koker and Beatrice E. Koker, Appellants v. Noel B. Sage and Winetta Sage. Appeal from the Superior Court of Wash- ington, King County. The appeal is dismissed for want of jurisdiction. 382 TUESDAY, FEBRUARY 19, 1985

Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-937. Wesley K Bell, etc.. Appellant v. New Jersey, et al. Ap- peal from the United States Court of Appeals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-5860. Bemie J. E. Dingle, AppeEant v. Calvin D. Simpkins, etc. Appeal from the Supreme Court of South Carolina. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-5974. Randolph E. Neal, Jr., Appellant v. Alabama, et al. Ap- peal from the United States Court of Appeals for the Eleventh Circuit.

The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-1027. Berman & Sons, Inc., et al., Appellants v. Lana J. Scofield and A. Larry Berren, etc. Appeal from the Supreme Judicial Court of Massachusetts. The motion of appellees for award of damages and double costs is denied. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this motion and this case.

No. 84-1031. Communications Satellite Corporation, Appellant v. Franchise Tax Board. Appeal from the Court of Appeal of California,

First Appellate District. The appeal is dismissed for want of a substantial federal question. Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case.

No. 84-5610. Lenny K, Beck, Appellant v. Kansas. Appeal from the

Supreme Court of Kansas. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case. TUESDAY, FEBRUARY 19, 1985 383

Certiorari—Summary Disposition

No. 83-1613. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner u Willie Jasper Darden. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of

Wainwright v. Witt, 469 U.S. (1985). Justice Powell took no part in the consideration or decision of this motion and this case.

No. 84-578. Avtex Fibers, Inc., Petitioner v. Robert L. McDowell. 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 Trans World Airliv£S, Inc, v. Thurston^ 469 U.S. (1985). Jus- tice Powell took no part in the consideration or decision of this case.

Orders in Pending Cases

No. A-557. Gary R. Eitel, Applicant v. Charles R. Baldwin. The application for stay addressed to Justice Powell and referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application. No. D-463. In the Matter of Disbarment of Larry W. Hopt. Disbar- ment order entered. Justice Powell took no part in the consideration or decision of this order.

No. D-466. In the Matter of Disbarment of Bobby L. Hill. Disbar- ment order entered. Justice Powell took no part in the consideration or decision of this order. No. D-473. In the Matter of Disbarment of Robert White Hutchins. It is ordered that Robert White Hutchins, of Columbia, 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. Justice Powell took no part in the consideration or decision of this order.

No. I>-474. In the Matter of Disbarment of William Thomas Kozel. It is ordered that William Thomas Kozel, of San Luis Obispo, 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 384 TUESDAY, FEBRUARY 19, 1985 should not be disbarred from the practice of law in this Court. Justice Powell took no part in the consideration or decision of this order.

No. D-475. In the Matter of Disbarment of Bert Padell. It is ordered that Bert Padell, 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. Justice Powell took no part in the consideration or decision of this order.

No. D-476. In the Matter of Disbarment of Ronald Paul Whittington. It is ordered that Ronald Paul Whittington, of Destrehan, 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. Justice Powell took no part in the consideration or decision of this order.

No. I>-477. In the Matter of Disbarment of John B. Kennedy. It is ordered that John B. Kennedy, of Wilmington, Delaware, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. Justice Powell took no part in the consideration or decision of this order.

No. 99, Original. Penyu Baychev Kostadinov, Plaintiff v. William French Smith, Attorney General of the United States. The motion for leave to file a bill of complaint is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al..

Petitioners v. United States. The motion of petitioners for leave to file a supplemental brief after argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 83-1919. City of Oklahoma City, Petitioners. Rose Marie Tuttle, etc. The motion of respondent for leave to file a supplemental brief after argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 83-2030. Board of Education of the City of Oklahoma City, Okla- homa, Appellant v. National Gay Task Force. The motion of appellee for leave to file a supplemental brief after argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-165. W. George Gould, Petitioner v. Max A. Ruefenacht, et al. The renewed motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is TUESDAY, FEBRUARY 19, 1985 385 granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-312. Donald J. Devine, Director, Office of Personnel Manage- ment, Petitioner v. NAACP Legal Defense and Educational Fund, Inc., et al. The motion of respondents to file appendix that does not comply with the Rules of the Court is denied. Justice Blackmun and Justice Stevens would grant this motion. Justice Marshall and Justice Powell took no part in the consideration or decision of this motion. No. 84-320. National Farmers Union Insurance Companies and

Lodge Grass School District No. 27, Petitioners v. Crow Tribe of In- dians, et al. The motion of Salt River Project Agricultural Improve- ment and Power District, et al. for leave to file a brief as amid curiae is granted. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The motion of Montana for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-433. School Committee of the Town of Burlington, Massachu- setts, et al.. Petitioners v. Department of Education of the Common- wealth of Massachusetts, et al. The motion of respondents for divided argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-468. City of Cleburne, Texas, et al., Petitioners v. Cleburne

Living Center, et al. The motion of Texas, et al. for leave to participate in oral argument as amid curiae, for divided argument and for additional time for oral argument is denied. The motion of Disabled Peoples'

International, et al. for leave to file a brief as amid curiae is granted.

The motion of American Association on Mental Deficiency, et al. for leave to file a brief as amid curiae is granted. The motion of National Conference of CathoUc Charities, et al. for leave to file a brief as amid curiae is granted. The motion of Disabihty Rights Education and De- fense Fund for leave to file a brief as amicus curiae is granted. The motion of American Civil Liberties Union Foundation, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-510. Aspen Skiing Company, Petitioner v. Aspen Highlands Skiing Corporation. The motion of American Airlines, Inc. for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion. TUESDAY, FEBRUARY 19, 1985

No. 84-648. Sedima, S. P. R. L., Petitioners Imrex Company, Inc., et al.; and

No. 84-822. American National Bank and Trust Company of Chicago, et al., Petitioners u Haroco, Inc., et al. The application of the Attorney

General of Arizona for leave to file a consolidated brief as amicus curiae in excess of the page limitation presented to Justice Marshall and by him referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application.

No. 84-755. United States, Petitioner v. Rosa Elvira Montoya de

Hernandez. The motion for appointment of counsel is granted and it is ordered that Peter M. Horstman, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent in this case. Justice Powell took no part in the consideration or decision of this motion.

No. 84-951. Gulf Coast Cable Television Co., Petitioner v. Affihated

Capital Corp. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-1222. Farrell Kahn, Petitioner v. Alexander Grant & Com- pany. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-1226. Robert E. Badham, et al., Petitioners v. Secretary of

State of California, et al. The motion of petitioners to expedite consideration of the petition for a writ of certiorari is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-1244. Susan J. Davis, et al.. Appellants v. Irwin C.

Bandemer, et al. The motion of appellants to expedite consideration of the appeal is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-5909. Tim Lee Adams, Petitioner v. Thomas Fulcomer, Su- perintendent, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 12, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compUance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reach- TUESDAY, FEBRUAKY 19, 1985 387 ing the merits of the motion to proceed in forma pauperis. Justice Powell took no part in the consideration or decision of this motion.

No. 84-5918. Clark W. Rowland, Petitioner v. Equal Employment Opportunity Commission. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 12, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in comphance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Justice Powell took no part in the consideration or decision of this motion.

No. 84-6044. Roy Anderson Day, Petitioner v. James DeAnda,

Judge, et al. The motion of petitioner to expedite consideration of the petition for writ of certiorari or in the alternative issue a temporary restraining order is denied. Justice Powell took no part in the consideration or decision of this motion.

Certiorari Granted

No. 84-435. Robert Russell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Justice Powell took no part in the consideration or decision of this petition.

No. 84-489. Pennsylvania Bureau of Correction, Petitioner v. United

States Marshals Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Justice Powell took no part in the consideration or decision of this petition. No. 84-732. Theodore Cleavinger, Marvin Marcadis, and Tom P.

Lockett, Petitioners v. David Saxner and Alfred Cain, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Justice Powell took no part in the consideration or decision of this petition.

No. 84-701. United States, Petitioner v. Riverside Bayview Homes,

Inc., et al. The motion of National Wildlife Federation, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Powell took no part in the consideration or decision of this motion and this petition. 388 TUESDAY, FEBRUARY 19, 1985

No. 84-744. United States, Petitioner v. James C. Lane and Dennis R. Lane; and No. 84-963. James C. Lane and Dennis R. Lane, Petitioners u United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-773. Michael Bender, et al.. Petitioners v. Williamsport Area

School District, et al. The motion of National Association of Secondary School Principals 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 granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-786. Maine, Petitioner v. Perley Moulton, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Judicial Court of Maine granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-1023. United States, Petitioner v. Fernando Rojas- Contreras. 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. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-801 c Midlantic National Bank, Petitioner v. New Jersey De- partment of Environmental Protection; and

No. 84-805. Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Re- sources Corporation, Debtor, Petitioner v. City of New York, et al.; and Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Resources Corporation, Debtor, Petitioner v. New Jersey Department of Envi- ronmental Protection. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. Jus- tice Powell took no part in the consideration or decision of these petitions.

No. 84-5872. Roy E. Daniels, Petitioners Andrew Williams. 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 Fourth Circuit granted. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 389 Certiorari Denied

No. 83-1796. Alabama, Petitioner v. Lewis L. Gannaway. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-7028. William R. Beam, Petitioner v. William Hahalyak. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-56. Mary Williams Cazalas, Petitioner v. United States De- partment of Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-129. Reavis & McGrath, Petitioners v. Frank P. Antinore, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-307. Southern Bancorporation, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-316. Kyle Kalish, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-425, Maryland, Petitioner v, Craig W. Moon. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-502. Louie L. Wainwright, Secretary, Florida Department of

Corrections, Petitioner v, Howard Virgil Lee Douglas; and

No. 84-661. Howard Virgil Lee Douglas, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-520. E. A. Gregory, et ux.. Petitioners v. United States; and No. 84-542. Robert T. Spurlock, Jr., Petitioner u United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions. 390 TUESDAY, FEBRUARY 19, 1985

No. 84-586. Peter Angel and Jack Hopkins, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-588. Insurance Financial Services, Inc., Petitioner v. South Carolina Insurance Company. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-621. Kansas City Southern Railway Company, et al.. Peti- tioners V. United States, et al.;

No. 84-633. Edward K. Wheeler, Petitioner v. Interstate Commerce Commission, et al.; and

No. 84-641. Brotherhood of Maintenance of Way Employes, et al..

Petitioners v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-631. Jeanette Atterberry, Petitioner v. Joseph M. Jordan, Police Commissioner of the City of Boston. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-635. William Robert Woolery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-638. Roy L. Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-647. Van Dom Plastic Machinery Company, Petitioner v. Na- tional Labor Relations Board, Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-656. Carol L. Meyer, Petitioner v. John Lehman, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-664. Leslie N. Wilder, James C. Whitney and Gary G. Mati- son, Petitioners v. Gerald J. Mossinghoff, Commissioner of Patents and TUESDAY, FEBRUARY 19, 1985 391

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

No. 84-666. Attorney General of the Territory of Guam, etc., et al..

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-698. Joseph M. Saizan, Petitioner v. Raymond J. Donovan,

Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-699. National Motor Freight Traffic Association, Inc. and

National Classification Committee, Petitioners v. United States and In- terstate Commerce Conmiission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-702. Ohio, Petitioner v. Claude Caponi. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-703. Alex J. Raineri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-713. District Lodge No. 166, International Association of

Machinists and Aerospace Workers, AFL-CIO, Petitioner v. TWA Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-718. Robert L. Mendenhall, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-721. Gail Pappalardi, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-730. Getty Oil Company, Petitioner v. Department of En- ergy, et al. Petition for writ of certiorari to the United States Tempo- 392 TUESDAY, FEBRUARY 19, 1985 rary Emergency Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-735. House of Prime Rib, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-738. Herbert F. Moore, Petitioner v. Sarah T. Morrow, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-741. John R. Cassiliano, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-757. Consolidated Edison Company of New York, Inc., Peti- tioner V. Edward I. Koch, Mayor of the City of New York, et al.; and Consolidated Edison Company of New York, Inc., Petitioner v. Morris Goldstein, et ux.; and Consolidated Edison Company of New York,

Inc., Petitioner v. Seymour Gillman, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-769. Albert John Fern, Jr., et al., Petitioners v. Joan

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

No. 84-814. City of Oceanside, Petitioner v. Federal Emergency

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

No. 84-815. Lawrence W. Blackmon, Jr., et al.. Petitioners v. United States and Piney Woods Apartments, Inc. Petition for wit of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-843. Rudy Durand and Koala Productions, Limited, Petition- ers V, Simon Productions No. 2, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 393

No. 84-848. James Callari, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-854. Ecos Electronics Corporation, Petitioner v. Under- writers Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-874. Pittsburgh Building Construction Industry Adminis- trative Committee, etc.. Petitioner v. U. S. Department of Labor. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-878. Louis Tom Dragna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-879. Southmost Machinery Corp., et al.. Petitioners v. Seville Industrial Machinery Corp. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-883. Eva Kollsman and City National Bank, Special Adminis- trators of the Estate of Paul Kollsman, Petitioners v. City of Los Ange- les. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-895. Michael Evans, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-897. Fred Tesch, etc., et al.. Petitioners v. Robert E.

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

No. 84-898. Zbigniew W. Dybczak, Petitioner v. Tuskegee Institute. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-903. Hubert Wayne Johnson, Petitioner v. John F. Beasley Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 394 TUESDAY, FEBRUARY 19, 1985

No. 84-905. Texas American Bank and Vincent E. Drain, as independent Co-Executors of the Will of Milous Jackson Mitchell, De-

ceased, Petitioners v. Lew C. Sayers. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-908. Church of Scientology of California and Mary Sue Hub-

bard, Petitioners v. Superior Court of California, County of Los Ange- les. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-910. Buffalo Broadcasting Company, Inc., et al.. Petitioners

V. American Society of Composers, Authors and Publishers, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-912. Leroy Moore, Sr., et ux., Petitioners v. Southwestern Electric Power Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-925. General Marine Transport Corporation, Petitioner v, Joseph O'Hare, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-928. Abbey Nursing Home, Inc. and Max A. Strauss, Peti-

tioners V, Estate of Alma Richardson, Vemeda Bentley, Administra- trix. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-931. David K. Guenther, Petitioner v. Mark Holmgreen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-933. Richard A. Hechenberger, William V. Wilken and

Charles W. Ramsey, Petitioners v. Western Electric Co., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-934. Richard R. Bergeron, Petitioner v. Nackey S. Loeb, Executrix of the Estate of William Loeb. Petition for writ of certiorari TUESDAY, FEBRUARY 19, 1985 395 to the Supreme Court of Nevada denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-936. Floyd M. Banks, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-940. Jeffrey Wayne Abbett, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-945. A. W. Jones Company, et al.. Petitioners v. Jefferies & Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-946. Florence E. Mannel, Petitioners. Industrial Commission of Arizona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-956. Paul Shaw, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-957. Michael Collins, Petitioner v. University of Cincinnati and Raymond Walters College. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-960. Ernest Mendel and Albert Mendel & Son, Incorporated,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-962. Manfred R. Wetzel, Petitioner v. State Bar of Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-965. Airweld, Inc., Petitioner v. Airco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-966. Seaboard System Railroad, Inc., Petitioner v. Brother- hood of Railroad Signahnen. Petition for writ of certiorari to the United 396 TUESDAY, FEBRUARY 19, 1985

States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-967. Morgan Guaranty International Bank, et al., Petitioners

V, City of Houston, et al. Petition for writ of certiorari to the Court of Appeals of Texas, First Supreme Judicial District, denied. Justice Pow- ell took no part in the consideration or decision of this petition.

No. 84-969. James Poumaras, Petitioner v. Constance Poumaras. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-970. Sanford J. Berger, Petitioner v. Leo M. Spellacy, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-972. James Barton, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-973. Emil Rothenberger, etc. Petitioner v, Douglas County. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-977. Johnny Sagona, Petitioner v, Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-980. Fernando Fuentes-Coba, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-981. James J. Cally, Petitioners. Walter E. Hof&nan, United States District Judge for the Eastern District of Virginia, sitting as visiting judge in the Middle District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-983. Joseph E. Todaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 397

No. 84-985. Billy Joe Nichols, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-986. Romolo E. Capobianco, et al., Petitioners v. Richard Howe, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-993. General Public Utilities Corp., et al.. Petitioners v. Don- ald A. Stibitz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-994. Henry H. Lindsay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1000. Keith Greaves, M. D., et al.. Petitioners v. Daniel Howard Bee. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1001. Stephen L. Ruth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1005. Andrew Eschweiler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1006. John W. Williams and Winifred Williams, Petitioners v. Tucson Unified School District No. 1 of Pima County and Tucson Edu- cation Association. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1008. Keith Dean and Cornelius Harper, Petitioners v. Jack Duckworth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1014. R. C. Lynne, Executor and Personal Representative of

Estate of Jimmy Sherman Lynne, Deceased, et al.. Petitioners v. Aus- tralian Government Aircraft Factories and Commonwealth of Austra- 398 TUESDAY, FEBRUARY 19, 1985 lia. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1021. Thomas Pasha- and Peter Straguzzi, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1022. John W. Young, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1024. Donald R. Calaiaro, Trustee, Petitioner v. Pittsburgh National Bank and Coventry Care, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1025. Bruce H. Greenfield, etc., Petitioner u Heublein, Inc., et ai. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1026. Mary Nell Schmidt, Petitioner v. City of Fayetteville. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1029. Juan Inosencio, et al.. Petitioners v. Perry Johnson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1030. Milton Russell Schepp, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1034. Walter G. Finch, et al.. Petitioners v. Hughes Aircraft Company. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1035. Michelin Tire Corporation, Petitioner v. ITCO Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 399

No. 84-1037. Earl Henderson, Petitioner v. Sperduto, Spector & Vanacore (formerly Sperduto, Priskie, Spector & Vanacore). Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1042. Marshall P. Safir, Petitioner u Lykes Bros. Steamship Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1043. John C. Shimman, Petitioner v. International Union of Operating Engineers, Local 18. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1045. Minnesota Association of Health Care Facilities, Inc., et al., Petitioners v. Minnesota Department of Public Welfare, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1046. Henry Park, Petitioner v. Metro-Goldwyn-Mayer/ United Artists Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1048. James Cashin, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1049. Robert Walter Govern, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1052. Dorothy P. Fishman, Petitioner v. Margaret M. Heck- ler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1056. Paul R. Zerovnik, Petitioner v. E. F. Hutton & Com- pany, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice Powell took no part in the consideration or decision of this petition. 400 TUESDAY, FEBRUARY 19, 1985

No. 84-1059. Paul M. Fennessy, et al., etc., Petitioners v. Inter- national Dairy Queen, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1064. John McNabb, Petitioner v. Oregonian Publishing Co. Petition for writ of certiorari to the Court of Appeals of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1066. Robert H. Wallace, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1071. Robert J. Brack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1074. Lowell M. Stroom, Petitioner v. James E. Carter, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1075. St. Louis County, Missouri, Petitioner v. Circuit Court of the Twenty-First Judicial Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1081. Michael J. Morrissey, Petitioner v. William Morrow and Company and Bantam Books, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1088. Laurie R. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1091. Lawrence D. Carver, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1096. Roy S. Nicks, etc., et al., Petitioners v. William Clark Ford. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 401

No. 84-1100. Stambaugh's Air Service, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1113. Fortune S. Macri, Petitioner v. Grievance Committee for the Ninth Judicial District. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial De- partment, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1121. Sir Speedy, Inc., Petitioner v. Speedy Printing Cen- ters, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1122. Jay Houston Harmon, Petitioner v. United States; and

No. 84-1126. John Roger Sager, Petitioner v. United States, Peti- tions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-1125. Donald L. Gold, Petitioner v. United States; and

No. 84-6057. Patricia M. Warren, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-1152. Newton Gaspard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1153. Jack Otto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1188. Jerry Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1191. Roxanne D. Pulitzer, Petitioner v, Herbert Pulitzer, Jr. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Justice Powell took no part in the consideration or decision of this petition. 402 TUESDAY, FEBRUARY 19, 1985

No. 84-1194. John 0*Hare, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5123. Wilbert Leon Jenkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5268. Thelma P. Gordon, Petitioner v, Raymond J. Donovan, Secretary of Labor, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5307. Robert C. Thetford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5308. Michael O'Connor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5352. Calvin Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5367. Gable Gibson, Petitioner v. United States;

No. 84-5472. Kelvin Hasting, Petitioner v. United States;

No. 84-5493. Gregory Lamont Williams, Petitioner v. United States; No. 84-5497. Kevin Wendell Anderson, Petitioner u United States; and

No. 84-5510. Napoiean Stewart, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-5373. Carl Holecek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5374. Jeffrey Homer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh TUESDAY, FEBRUARY 19, 1985 403

Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5397. Larry P. Lippert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5418. Albert F. Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5424. Howard R. Herships, Petitioner v. Robert M. Rees, Su- perintendent, D. V. I. Petition for writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5458. John Jerome Lucas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5479. Willie R. McDonald, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5486. James Harrison Barham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5494. Lorado Cole, Petitioner v. Raymond K. Procunier, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5507. Lavonte, Petitioner v. Robyn Lee Walter, et al. Peti- tion for writ of certiorari to the Court of Appeals of Oregon denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5556. Jose Jaime Castaneda-Castaneda, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5564. Vojtech Dano, Petitioner v. Maria Szombathy. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate 404 TUESDAY, FEBRUARY 19, 1985

Division, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5568. William Marvin Powell, Petitioner v. United States; and

No. 84-5598. James Robert Pourroy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-5585. Michael Lynn Bishop, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5602. James Russell, Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5634. Donald Campbell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cu-cuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5635. Javier Quezada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5649. Charles William Reagle, III, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5699. Gary Bryan Young, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5757. Wilner Occean, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5781. Leonard Ray Wilson, Petitioner v. Peggy D. York. Pe- tition for writ of certiorari to the Supreme Court of Alabama denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 405

No. 84-5804. Harvey Dale Jones, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5820. Charles J. Bellman, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5821. Tafford Lee Hobnan, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5825. Russell Porter and Sena Mae Whitehead Porter, Peti- tioners V. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5834. David V. Cook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5835. Peter Emmanuel Bernard, Petitioner v, Oliver A. Pol- lard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5838. Norman L. Tessier, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5841. James David Irons, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5851. Daniel Ortega, Petitioner v, Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5852. Charles E. Wilson, Petitioners Allyn Sielaff, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition. 406 TUESDAY, FEBRUARY 19, 1985

No. 84-5862. P. L. R., a child, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5863. Arnold J. Southers, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5865. Ruth Studley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5866. Otto Smith, Petitioner v. A. R. Jago, Superintendent, London Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5871. Arthur Brown, Jr., Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5874. Donald L. Gaerttner, Petitioner v. Russell Robison, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5883. Allen E. Davis, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5884. Jinmiy B. Reed, Petitioner v. Toledo Area Affirmative Action Program for the Construction Industry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5886. Joseph Hutchison, Petitioner v. R. C. Marshall, Super- intendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5887. William Lawrence Murphy, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky de- TUESDAY, FEBRUARY 19, 1985 407 nied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5890. Walter Albert Younie, Petitioner v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5893. Victor Howard Van Sant, Petitioner v. Jay Solomon, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5894. Herman Nathaniel McCoy, Petitioner v. Samuel P. Gar- rison, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5896. Robert Gaston, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5899. Robert L. Brown, Petitioner v, John T. King, Secre- tary, Louisiana Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5900. Attina Marie Cannaday, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5901. Le'mard H. J. Chaney, Petitioner v. National Railroad Passenger Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5903. Dell W. Hudson, Petitioner v, Olivia J. Garland, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5907. Melvin Davis, Petitioner v, Margaret M. Heckler, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 408 TUESDAY, FEBRUARY 19, 1985

No. 84-5908. Lester Redding, Jr., Petitioner v. Charles Benson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5910. Lewis E. Brown, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5915. Richard Lee Dodson, Petitioner v. Charles H. Zimmer- man, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5920. Silverio Munoz Trevino, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5921. Dalton Loyd Williams, Petitioner v, Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5924. Danny Starcher, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lorain County, denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5927. Ronald Davidson, 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5929. Jack M. Balich, Petitioner v. Frank C. Stanley. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5930. Michael C. Antonelli, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5931. J. G. and P. G., Petitioners v. A. W. Tauke,, Guardian ad Litem, et al. Petition for writ of certiorari to the Supreme Court of TUESDAY, FEBRUARY 19, 1985 409

Iowa denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5932. Ezra C. Calloway, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5935. Arthur Mitchell, Petitioner v. Donald K. Barr, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5936. Melvin Powell, Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5939. Wilbert Carl Williams, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5940. Preston Buschard, Petitioner v. Paul George, Judge, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5942. Willie C. Thomas, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5945. Billy T. Watkins, Petitioner v, Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5946. William L. Gallo, Petitioner v. Manfred G. Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5948. Larry Weston Beardon, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Powell took no part in the consideration or decision of this petition. 410 TUESDAY, FEBRUARY 19, 1985

No. 84-5952. Richard Messina, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5956. Connie Blankenship (Brown), Petitioner v. Cabinet for Human Resources, et al. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5957. Thalia Haili, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5961. Oscar L. Heam, Petitioner v. R. R. Donnelley & Sons Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5962. James Moore, Petitioner v. Charles Black, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5965. Eric Weir, Petitioner v. George Wilson, Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5967. Patsy A. Garrett, Petitioner v. B>J-C Hospital & Nurs- ing Home, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5970, David Jenkins, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5971. Benjamin Small, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5973. Robert Garrett, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 411

No. 84-5975. James Jessie Weiss, Petitioner v, Missouri Department

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

No. 84-5978. Thomas Elwood Price, Petitioner v, Margaret M. Heck- ler, Secretary of Health and Human Services; and Thomas Elwood

Price, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5980. Joseph Jude Oliver, Petitioner v. Charles Zimmerman, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5981. Edward Marcinski, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5982. Charles Ray Valentine, Petitioner v. Raymond Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5983. Walter T. Skrezyna, Petitioner v. Paul E. Cash, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5985. Joseph D. Slappy, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5986. John L. Mondaine, Jr., Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5987. Lawrence F. Fields, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition. 412 TUESDAY, FEBRUARY 19, 1985

No. 84-5988. Joseph M. Miner, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5989. Isaiah Mabino F'ayomi, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5990. Paul Braxton Owens, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5992. Pius I. Ezeodo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5994. Albert Ross Brown, Petitioner v. Caspar Weinberger, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5995. Jessie Salters, Petitioner v. Greenville Housing Au- thority of the City of Greenville. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5996. Clifford A. Powers, Petitioner v. Manfred G. Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5998. Charles Ray Mason, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6002. John Romel Guess, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6003. Robert E. Schafer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 413

No. 84-6007. Gene Edward Munnings, Petitioner v, Winebrenner, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6012. Ace Terry Carter, Petitioner u United States. Petition for writ of certiorari to- the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6013. Jay V. Flake, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6014. Gary W. Bass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6015. Robert Boris Beachboard, Petitioner v. Roscoe L. Egger, Jr., Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6017. Stephen Anderson, Petitioner v, Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6019. Hoyt Torrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6027. Benjamin Garland, Petitioner v. United States Parole Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6029. Joseph Lamar, Petitioner v. Fred Banks, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6032. Michael Crisp, Petitioner u Jack R. Duckworth, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 414 TUESDAY, FEBRUARY 19, 1985

No. 84-6039. Victor T. Moreno, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals deniedc Justice Powell took no part in the consideration or decision of this petition.

No. 84-6040. MichaelJ. Stotts, III, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6045. Jewell Dean Pickett, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6048. June Webb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

Noc 84-6052. Wayne J. Carter, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6061. George Mark Seals, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6065. Frank E. Forrester, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6068. Linus Vetal Comes Flying, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6070. Joseph E. Simanonok, Petitioner v. Douglas M. Costle, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6077. Timothy M. Rogers, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition. TUESDAY, FEBRUARY 19, 1985 415

No. 84-6095. Arthur Michael Trickey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6096. Anne K. Streeter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6323. Johnnie A. Jones, Petitioners East Baton Rouge, etc., et al. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Justice Marshall and Justice Powell took no part in the consideration or decision of this petition. No. 84-95. National Association of Regulatory Utility Commissioners

Petitioner v. Federal Communications Commission, et al.; No. 84-504. National Association of State Utility Consumer Ad- vocates and Steven W. Hamm, Consumer Advocate for South Carolina,

Petitioners v. Federal Communications Conamission, et al.;

No. 84-816. Public Service Commission of Wisconsin, et al., Petition- ers V. Federal Communications Commission, et al.;

No. 84-824. Florida Public Service Commission, Petitioner v. Fed- eral Communications Commission, et al.; and No. 84-856. New York State Department of Public Service, Peti- tioner V. Federal Communication Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of these petitions.

No. 84-355. New York, Petitioner v. Lemuel Smith. The motion of Attorney General of New York for leave to intervene is granted. Peti- tion for writ of certiorari to the Court of Appeals of New York denied. The Chief Justice and Justice White would grant certiorari. Justice Powell took no part in the consideration or decision of this motion and this petition. No. 84-659. Anthony DiPasquale and James DiPasquale, Petitioners

V. United States;

No. 84-683. Peter J. Serubo and John Serubo, Petitioners v. United States;

No. 84-5524. August Redding, Petitioner v. United States; and

No. 84-5816. Victor SzwanM, Petitioner v. United States. Petitions for writs certiorari to the United States Court of Appeals for the Third 416 TUESDAY, FEBRUARY 19, 1985

Circuit denied. Justice White would grant certiorari. Justice Powell took no part in the consideration or decision of these petitions. No. 84-716. Arkansas Louisiana Gas Company, a division of Arkla, Inc., Petitioner v. Federal Energy Regulatory Commission, et al. The motion of Interstate Natural Gas Association 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 Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-790. General Public Utilities Corporation, et al.. Petitioners u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall and Justice Powell took no part in the consideration or decision of this petition.

No. 84-818. Richard Rudi, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice White and Justice Blackmun would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-888. Charles McDaniel, etc., et al.. Petitioners v. Georgia Association of Retarded Citizens, et al.; and No. 84-899. Board of Public Education of the City of Savannah and the County of Chatham, et al.. Petitioners v. Georgia Association of Retarded Citizens. The motion of National School Boards Association, et aL for leave to file a brief as amid curiae in No. 84-888 is granted. • Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this motion and these petitions.

No. 84-909. Muigawah Munusamy, et al.. Petitioners v. McClelland Engineers, et al. The petition for a writ of certiorari and all other relief to the United States Court of Appeals for the Fifth Circuit is denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-920. Paul Robinson, et al. , Petitioners v. New Jersey, et al. The motion of Legal Foundation of America for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-942. Mississippi, Petitioner v. Attina Marie Cannaday. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Mississippi de- TUESDAY, FEBRUARY 19, 1985 417 nied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-949. California, Petitioner v. Lawrence Richard Garcia. The motion of respondent for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-959. Indiana, Petitioner v. John H. Moore, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-987. Jack R. Duckworth, Warden, et al.. Petitioners v. Ber- nard Williams, aka Anthony Sherrard. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-991. Filomena Mcintosh, Petitioner v. International Business Machines, Inc. and Liberty Mutual Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Blackmun and Justice Powell took no part in the consideration or decision of this petition.

No. 84-998. Robert E. Gibson, et al., Petitioners v. George Fire- stone, Secretary of State of Florida. The motion of Joseph W. Little for leave to file a brief as amicus curiae is granted. The motion of Voting Rights Committee, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these motions and this petition.

No. 84-1010. Lydia B. Champion, et al., Petitioners v, George Deuk- mejian, et al. The motion of Legal Foundation of America for leave to file a brief as amicus curiae is granted. The motion of H. Paul Lillebo for leave to file a brief as amicus curiae is granted. The motion of Pub- lic Service Research Council for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of these motions and this petition.

No. 84-1038. Mario de Modena, dba Sixth Avenue Pharmacy, et al.. Petitioners v. Kaiser Foundation Health Plan, Inc., et al. The motion of 418 TUESDAY, FEBRUARY 19, 1985

Alabama Pharmaceutical Association, et al. for leave to file a brief as amid curiae is granted. The motion of California Pharmacists Associa- tion for leave to file a brief as amicus curiae is granted. The motion of American Pharmaceutical Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice PoweU took no part in the consideration or decision of these motions and this petition.

No. 84-5626. Donald William Dufour, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5727. James R. Stringer, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dis- senting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5735. James R. Trimble, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5783. James E. Billiot, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5792. John Sterling Gardner, Jr., Petitioner v. North Caro- lina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5845. John Thomas Noland, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Pow^eil took no part in the consideration or decision of this petition.

No. 84-5880. Albert J. Clozza, Petitioner v. Virginia. Petition for writ of certioi^i to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice PoweU took no part in the consideration or decision of this petition.

No. 84-5881. Maurice 0. Byrd, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting TUESDAY, FEBRUARY 19, 1985 419 statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5960. George Lemon, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration- or decision of this petition.

No. 84-5964. Jose Roberto Villafuerte, 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. Justice Powell took no part in the consideration or decision of this petition. Mandamus Denied

No. 84-896. In Re Henry Anderson, Petitioner; No. 84-964. In Re August J. C. Egle, Petitioner; No. 84-5848. In Re Melvin Leroy Tyler, Petitioner; and No. 84-5977, In Re John Larry Ray, Petitioner. The petitions for writs of mandamus are denied. Justice Powell took no part in the consideration or decision of these petitions.

Rehearings Denied

No. 83-6061. Jose Garcia and Francisco Garcia, Petitioners v. United States; No. 84-141. Henry Yarbrough and Howard L. Jenkins, Petitioners u Small Business Administration; No. 84-618. Willie R. Bratton, Administrator of the Estate of Sarah

Mailissia Bratton, Deceased, Petitioner v, Safeway Stores, Inc., et al.; No. 84-726. Elizabeth M. Brady, Petitioner u Conmiissioner of In- ternal Revenue;

No. 84-5363. Richard Eugene Brymer, Petitioner v. James Rose, Warden, et al.;

No. 84-5441. Henry C. Mysliwiec, Petitioner v. Raymond Donovan, Secretary of Labor;

No. 84-5552. Julius Petrofsky, Petitioner v. Intermountain Research and Engineering Company;

No. 84-5623. Burl Anderson Howell, Petitioner v. Marvin Trum- power. Warden;

No. 84-5625. Van Roosevelt Solomon, Petitioner v, Ralph Kemp, Warden;

No. 84-5642. John William Rook, Petitioner v. North Carolina; 420 TUESDAY, FEBRUARY 19, 1985

No. 84-5695. Kenny Gerson, Petitioner v. Sgt. Terrance Byrne, et al.; and

No. 84-5718. Bobby Lee Hubbard, Petitioner v. Henry Wade, Dis- trict Attorney, Dallas County, Texas, et al. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 83-5210. Horace L. Edwards, Petitioner v. Thomas Davis, Jr. The motion of petitioner for leave to file a petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this motion.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Emeline C. Acton Tampa, FL Joe Horn Mount John M. Agnello Lyndhurst, NJ James D. Checki Jr. Richard Agopian Cleveland, OH David Ray Harbarger Brian Dean Alprin Alexandria, VA Eugene Joseph Metzger Eric B. Amstutz Greenville, SC Gerhard A. Gesell A, Joseph Antanavage Hamburg, PA R. Solomon Bear Kristen Reasoner Apgar Newton, MA Ellen L. Janos Edward Sheehan St. Simons Island, Donald Leo Armstrong Jr. GA Newton Joseph Gary Aronson Livingston, NJ Lawrence S. Horn Pamela J. Ashley Decatur, IL Malcolm David Hawk Ann M. Ashton Washington, DC Michael J. Henke Christine L. Bader Pittsfield, MA John F. Rogers Alberto Yamat Balingit Sacramento, CA Dennis Michael Warreji Robert Barnes San Francisco, CA Linda J. Krieger Donald Earl Bamhill San Antonio, TX C. Lee Elms Michael Geoffrey Barrier Long Beach, CA Carlton Eugene Russell Jinx Statler Beachler Columbus, OH Robert M. Draper Russell D. Bennett Lawton, OK Charles Sylvanus Rhyne TUESDAY, FEBRUAHY 19, 1985 421

Applicant City and State Movant

Gregory Smith Bentley New York NY William F Baxter Gerald A. Berk Cleveland, OH Charles S. Tricarichi Gregory Alan Berry Washington, DC Donald Floyd Hassell David McDowell Bidwell Columbus, OH Robert M. Draper Despena Fillios Billings Boston, MA Francis X. Bellotti David Edward Bird Dallas, TX Embree Charles Bedsole Claire Alexander Black Tuscaloosa. AL Walter Parker Crownover Winfrey P. Blackburn Jr. Louisville, KY T. Kennedy Helm Jr. Matthew Curtis Blair Midland, TX Rhea D. Sanderson David John Bonelli San Francisco, CA Richard J. Hazlewood Albert D. Boulanger HaverhiU, MA Edward W. Brooke David Lee Braun Pierre, SD Max Arthur Gors Keith Verl Breon San Francisco, CA Duane Brooks Beeson Eric Chess Bronk Newport Beach, Paul George CA Stemm Martel J. Bundy Lincoln, NB J. Kirk Brown Carol Elizabeth Burke New York, NY James Harry Brannon Henry W. Burleigh Los Angeles, CA Lloyd Edmund Kellogg Steven Dwight Bums Lincohi, NB Alan E. Peterson James H. Byrd Washington, DC Peter B. Kelsey Mitchell King Byrd Rock HiU, SC J. D. Todd Jr. Howard Ross Cabot Phoenix, AZ Jack E. Brown Mark Alan Cameron Oakland, CA Harry Daniel MiUer James Bruce Cameron- Houston, TX Edward A. Stuart Cazares Glenn E. Casebeer II Coffeyville, KS Curt T. Schneider 422 TUESDAY, FEBRUARY 19, 1985

Applicant City and State Movant

Epifanio Castillo Jr. New York, NY Roberto Albertorio Stephen G. Charpentier Titusville, FL Hubert C. Childress Jr. Gerard Joseph Cipriani Pittsburgh, PA Matthew R. Wimer A. Stephens Clay Atlanta, GA G. Dean Booth Robert Allen Cole Jacksonville, FL Joseph Payne Milton Craig S. Cooley Richmond, VA Sterling Hale Moore Antonio Cortez El Paso, TX Carlos Villa Charles E. Coulson Willoughby, OH Robert Stephen Rosplock Charles Foster Cox Oklahoma City, Clarence Kent OK Eldridge P. Gregory Cross Muncie, IN Perry Wood Cross Richard J. Curran Fullerton, CA Charles Edward Salovesh Joseph F. Dana LaFayette, GA Dennis D. Watson Thomas Cauthome Daniel Richmond, VA Jerry Paul Slonaker Glenn Leslie Davidson Montgomery, AL Thomas Russell Allison Jerry Frederick Davis Baton Rouge, LA George Lewis Clauer III Richmond Timothy Paul Silver Spring, MD Gary B. Bonnett Davis Laurie N. Davison Minneapolis, MN Luther A. Granquist Thomas Jefferson Deen III Mobile, AL Robert F. Clark

Ralph Lynn Dewsnup Salt Lake City, W. Eugene \ UT Hansen Ann E. DeVine Denver, CO John S. Pfeiffer Thomas Lenpha DeWeese Muncie, IN John Richard Marshall George Fulton DeWolfe Chicago, IL Donald Harold James Hermann TUESDAY, FEBRUARY 19, 1986 423

Applicant City and State Movant

John Chauncey DeWolfe Jr. Chicago, IL Donald Harold James Hermann James Craig Dodd Enid, OK David Charles Butler Alexander R. Domanskis Chicago, IL William David Serritella Brendan Jeffrey Doran Palestine, TX John L. Hill Jr. Clayboume Murray Aurora, CO Frederick M. Kal Douglas David Chapman Duggins Austin, TX Barry Kent Bishop EdwinaJ. Duryea Tampa, FL Arthur Dallas Albritton Jr. Dennis Michael Eakin Billings, MT Robert Louis LaRoche Carl Arthur Eason Norfolk, VA Richard S. Glasser Alison Edwards Chicago, IL John Owen Lanahan George J. Emershaw Akron, OH Charles E. Grisi Fernando J. Estopinal III New Orleans, LA Michael John Mestayer Tred Ronal Eyerly Anchorage, AK Craig Johnson Tillery William Isaac Fadel Cleveland, OH Stephen Owen Walker R. Keegan Federal Jr. Atlanta, GA Daniel Weaver Toohey John Mitchell Feick Muncie, IN John Richard Marshall Michael D. Fishbein Philadelphia, PA Arnold Levin John Friedeman Phoenix, AZ Robert John Walton Daniel J. Friedman Staten Island, NY Mark E. Abrams Jack Nicholas Fuerst Houston, TX Michael R. Waller Peter L. Gardon Madison, WI Michael T. Hart Marcia Rehmar Gelpe Minneapolis, MN Melvin Bert Goldberg Guy Ronald Glover Madison, WI William A. Brasher 424 TUESDAY, FEBRUARY 19, 1985

Applicant City and State Movant

Frederic Louis Goeddel Cincinnati, OH Thomas Adam Simons Jr. Neil Michael Goff Denver, CO Charles F. Brega Barry Zane Goldstein Union, NJ David Beryl Rubin Andrew T. Gonring West Bend, WI Thomas O'Meara Jr. Jill Laurie Goodman New York, NY Nadine Hope Taub James W. Gould New York, NY Christopher A. Hughes Joan Messing Graff San Francisco, CA Linda J. Krieger Robert J. Greenleaf Chevy Chase, MD David Lee Scull Karl H. Griesbaum La JoUa, CA William B. Treitler Thomas J. Griffin Jr. Boston, MA John Kenneth Felter Jesse B. Grove III San Francisco, CA Paul R. Haerle Paul V. Guagliardo Louisville, KY George S. Schuhmann Michael Edward Hager Boston, MA Kenneth Laurence Betsy HaU Fort Smith, AR P. H. Hardin Stephen Forcey Hanlon Tampa, FL Arnold David Levine Don J. Hanson Salt Lake City, Glenn C. Hanni UT Keith Michaele Harrison Washington, DC Devereux L. Bowly Jr. Janis Lauren Harwell San Francisco, CA Paul R. Haerle David R. Hegarty Boston, MA Kevin M. Keating Darrel Jeffrey Hieber Washington, DC William Dill Rogers L. Frederick Hilbers Homewood, AL Herbert Michael Hanegan James Stuart Hill Bismarck, ND Leonard H. Bucldin Greenville, SC Mr. Justice Harry A. Blackmun TUESDAY, FEBRUARY 19, 1985 425

Applicant City and State Movant

Carl G. Horkowitz El Paso, TX D. Clark Hughes David Malcolm Hunsaker Reston, VA Edmund Lewis Walton Jr. Vernon Wesley Hunt Jr. Santa Ana, CA Gerald Allin Garrett Robert Lawrence Husby Gainesville, GA Roland Hitchcock Jr. Stroberg Mark Andrew Hutcheson Seattle, WA William Randolph Squires III Susan M. Ichinose Honolulu, HI Wayne Marshall Pitluck Carolyn A. Ingraham Lafayette, LA Alfred Smith Landry Joan Kathleen Irion San Francisco, CA Joanne M. Garvey John Albert Jacobi Houston, TX Vincent Fletcher Ewell Jr. Richard A. Jameson Harrisburg, PA Lee Carter Swartz Joel Richard Jasperse GaUup, NM Timothy Meehan Gary Keith Jensen Eugene, OR John E. Jaqua Linton Joaquin Los Angeles, CA Gilbert Paul Carrasco Ann Lacy Johns Nashville, TN Jerry Lynn Smith Dennis P.W. Johnson Chicago, IL Victor E. Grinmi Allen Stewart Kaufman Fort Lauderdale, Thomas Karl FL Topor Kevin R. Keating New York, NY John A. Pateracki Jr. Alan Brett Kelly Haddonfield, NJ Robert A. Polin Mary Elizabeth Kelly Los Angeles, CA Alvin S. Michaelson James F. Kennedy New York, NY Victor M. Earle III Clark RusseU Kerr III Fort Lauderdale, Robert A. Ware, FL Jr. Ralph M. Killebrew Chattanooga, TN G. T. Nebel Robert 0. King Greenville, SC Lemuel Gray Geddie Jr. 426 TUESDAY, FEBRUARY 19, 1985

Applicant Lity and otate Movant

Martin Klauber Bethesda, MD Louis P. Robbins Harry J. Knudsen Muskegon, MI William Carl Marietti Madeline Sara Kochen New York, NY Judith Levin David L. Kohler Lambertville, MI Frank S. Merritt Karen Anne Kurta Ventura, CA Robert R. Anderson James Timothy Kyle Decatur, AL Robert Straub MichaelJ. Lavery Boynton Beach, Kenneth F. FL Tworoger Robert D. Lederer Altus, OK Carol Suzanne MoUison Rodney G. Leffler Fairfax, VA Michael Stephen Horwatt Linda Lee Lemmon Richmond, VA Robert F. Brooks Glenn Taylor Leonard Lyndhurst, NJ Nicholas H. Politan Carl B. Levy ffighland, NJ Lawrence S. Horn Kevin J. Lipson Washington, DC John Edward Holtzinger Jr. Wilson M. N. Loo Honolulu, HI Judge Martin Pence Richard A. Luccio Boston, MA Kevin M. Keating Catherine A. Ludden New York, NY Edward Hirsh Fleischman Lynn J. Lund Salt Lake City, Hyrum Ralph UT Klemm Mark Earnest Lutz Cincinnati, OH J. Mack Swigert Paul Gerard Lux Youngstown, OH Jerry 0. Stephens Terence Joseph Lynam Alexandria, VA John Maguire Dowd Paul H. Malesick II Akron, OH Charles R. Armstrong Michele Malloy Houston, TX Carolyn S. Hazel Charles Margines Santa Ana, CA Charles Edward Salovesh Marcia J. McCarron Houston, TX Allan Ross Lazor Kathleen Schwab McCreary New York, NY Robert E. McKee TUESDAY. FEBRUARY 19, 1986 427

Applicant City and State Movant

Scott Albert Mclntyre Palm Springs, CA David E. Rotkin Harry F. McNaught Jr. Indianapolis, IN Virgil L. Beeler Suzanne Elaine Meeker Washington, DC John Townsend Rich Gerard John Mene Washington, DC Lester A. Katz Gregory Palmer Miles Orlando, FL Willard Drawn Frederick Jr. Gregory Robert Miller Clearwater, FL C. Marie King Nancy A. Miller Baltimore, MD Hartman J. Miller Robert Francis Miller Honolulu, HI Philip Elman Elizabeth Reitz Moore Washington, DC Betty Southard Murphy Provino Mosca New Orleans, LA Russell J. Schonekas David W. Mossbrook Lexington, KY J. Gerald Henry Ladell Hulet Muhlestein Los Angeles, CA Peter P. Brotzen Eugene Murphy Richmond, VA John H. McLees Jr. Mollie A. Murphy Washington, DC Kenneth Francis Ripple Gerald C. Neary Morristown, NJ Sebastian J. Fortunato Jeffrey Jay Newell Lafayette, IN Joseph T. Bumbleburg William N. Nicholas Dover, DE Henry J. Ridgely Gerald A. Niederman Denver, CO Georgios Demetrios Dikeou Stanley S. Nirenberg New York, NY Richard Jesse Goldman Rebecca H. Noecker Rawlins, WY John A. MacPherson Gail Yvonne Norton San Francisco, CA John Marshall Sink Robert Oscar O'Bannon Oklahoma City, N. Martin OK Stringer John Anthony Occhipinti New Orleans, LA Michael Anthony McGlone 428 TUESDAY, FEBRUARY 19, 1985

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IjOUis Jr. rêtricn LiOS Angeies, kâ joei lYLCvâoe omitn bnarles i. rniilips wauKesna, Wi x'atricK Liee bnyaer Anne Pilsbury iNew 1 orK, IN I juoitn laa Avner iviciiara w. rôgue L/ieveianU) Kjn. xlirwm IN. Griswold jjaniei j . rôrter Atlanta, kjA KeiQ ivierritt Jean Fleming Powers xlouston, lA David Crump Sidney Preny rlttSDUrgn, rA Henry K* Adams John Peter Quinn Detroit, Ml Konala Keosti Henry Richard Quintero Oliver L'lty, isivi J. 1 nomas Sullivan William Kaymond Kakes Koanoke, VA John xlowara Locke A Tl Cheryl Ann Ramsey otillwater, Uiv v^nristopner U. ozuicnira Michael H. Ranzenhofer Buffalo, NY Thomas C* D'Agostino L. Anton Rebalko Fort Lauderdale, Robert J* FL Compton TUESDAY, FEBRUARY 19, 1985 429

Applicant City and State Movant

Chris Redbum San Francisco, CA Linda J. Krieger Hubert Reed Chicago, IL Stephen Andrew Armstrong Francis Marvin RePass III New Orleans, LA Bruce Charles Waltzer Alice E. Richmond Boston, MA Paula W. Gold Kathleen Cummins Roberts Tucson, AZ Roger W. Taylor Robin Therese Robinson Los Angeles, CA David Eric Brockway John Michael Roche Denver, CO David M. Ebel Ralph C. Rocheteau III Miami, FL Archibald Cox John 0. Rogers Houlton, ME Charles Knapp Leadbetter Keith J. Roland Albany, NY Usher Fogel James Walter Rolfes Sr. London, OH Gary William Londergan Jonathan Earl Rosenbaum Elvria OH Grecrorv Allen White

StpnhPTi M Rrnnmacp Seattle WA W^ilHamTT XXXXCUXX XmCUXVXVJXXJXXRanHnlnh

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Stpnhpn Howard Sark^ RaltiTnorp MD XVl/XXCUURonald kj«S XxlyWXMIKowitz

Donald Salcito Denver CO KevinV AAA Xf.XAWAAC«^AMichael Slhpa

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T'p'rrv S/»haT»lnw xJUxiClllcUl,RnypTYian XTxIVrT*X xjjrixicUxTiVman xxcuvcoTTaWp^ XJCXXliCvLRpnnptt XXXITT Randall D. Schmidt Chicago, IL Gary Howard Pahn Paul H. Schneider Metuchen, NJ Michael R. Cole Kenneth P. Schuck Muncie, IN Perry Wood Cross Emerson Brooks Semple Denver, CO Joseph Saint* Veltri 430 TUESDAY, FEBRUARY 19, 1985

Applicant City and State Movant

Alan Mark Shapiro Pittsburgh, PA Judge Silvester Silvestri Abraham Adrian Sharony Atlanta, GA John McNaughton Sikes Jr. Morris E. Shelkofsky Jr. Miami, FL Jay W. Molyneaux Lynne Francine Siegel Chicago, IL Richard J. Rappaport Andrew R. Simmonds New York, NY Robert E. Meshel Steven Singer Los Angeles, CA Arthur J. Akullian Robert John Skorupa Cohasset, MA Albert Skorupa Jr. L. Keith Slade Houston, TX Jack Durrett Childers Allen R. Smith Winter Haven, Clinton Austin FL Curtis Catherine Wright Smith Edmonds, WA Malcolm L. Edwards Clay Riggs Smith Helena, MT Michael T. Greely Vernon K. Smith Jr. Boise, ID Thomas J. Jones III Mark W. Solock Chicago, IL Patrick G. Reardon Brian F. Spector Miami, FL Michael Nachwalter Margaret Poles Spencer Richmond, VA Jerry Paul Slonaker John Frederick Stevens Roseland, VA William Payne Heath Jr. Steven B. Stevens Beverly Hills, CA Herbert Lawrence Forer John Michael Stoiber Waukesha, WI WilUam F. ReiUy Peter J. Stone Milwaukee, WI Michael T. Hart Mitchell Scott Strutin Philadelphia, PA William T. Cannon R. Jeffrey Stull Tampa, FL Arthur Dallas Albritton Jr. Gary L. Stump Orlando, FL Heskin Alexander Whittaker Laurence Keith Sullivan San Francisco, CA Robert R. Granucci TUESDAY, FEBRUARY 19, 1986 431

Applicant City and State Movant

Ralph Hall Sullivan Washington, DC Carl Richard Boehlert Edwin C. Thomas III Chicago, IL Victor E. Grinmi Tommy Wood Thomhill SUdell, LA Richard F. Knight Dana Lee Timaeus Beaumont, TX Wendell Conn Radford Daniel Toomey Merrillville, IN Max Cohen Carl Vaccaro Philadelphia, PA Marc Gary Brecher Jeffi-ey S. VoUen Chicago, IL Elliot M. Samuels Nelson William Wagar III New Orleans, LA Richard A. Chopin William Harvey Wallace Louisville, KY Henry Christopher Germann Karen Jean Wegner San Francisco, CA Parker Ahrens Maddux Josephine S. Weirich Denver, CO Thomas Smith Nichols Donna Beatrice Weitzman Los Angeles, CA Charles E. Nutt Mark PhiHp Widoff Harrisburg, PA Lee Carter Swartz

Andrea I. Williams Denver, CO David M. Ebel Charles Douglas Wright Arkansas City, Robert T. Stephan KS Judith S. Yogman Boston, MA Francis X. Bellotti Harry M. Yohalem Washington, DC John M. Liftin Michael Wm. Zavis Chicago, IL Donald E. Egan

Opinions

No. 35, Original. United States of America, Plaintiff v. States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida (Rhode Island and New York Boundary case). Exceptions of United States, Rhode Island and New York overruled. Recommendation of the Special Master adopted and Report confirmed. Parties to submit appropriate proposed decree to the Special Master for Court's consideration. Each party to bear its own costs. Ac- tual expenses of the Special Master to be borne half by the United States and half by Rhode Island and New York. The Court retains ju- 432 TUESDAY, FEBRUARY 19, 1985 risdiction to entertain such further proceedings, enter such orders, and issue such writs as from time to time may be deemed necessary or advisable to effectuate and supplement the decree and the rights of the respective parties. Opinion by Justice Blackmun.

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al. Appeals from the United States District Court for the Western District of Texas. Judg- ment reversed and cases remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom the Chief Justice, Justice Rehnquist and Justice O'Connor join. Dissenting opinion by Justice Rehnquist. Dissenting opinion by Justice O'Connor with whom Justice Powell and Justice Rehnquist join.

No. 83-1416. National Labor Relations Board, Petitioner v. Action Automotive, Inc. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Dissenting opinion by Justice Stevens with whom Justice Rehnquist and Justice O'Connor join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Charles Fried Cambridge, MA Solicitor General Rex E. Lee Gretchen Leah Witt Washington, DC Solicitor General Rex E. Lee Alan S. Schenk Detroit, MI Solicitor General Rex E. Lee Judith M. Sack New York, NY Solicitor General Rex E. Lee Henry J. Lischer Jr. Dallas, TX Solicitor General Rex E. Lee Daniel P. Butler Falls Church, VA Edmund D. Campbell Oral Arguments

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioner v. Pacific Stationery and Printing Co. Argued by Mr. David J. Sweeney TUESDAY, FEBRUARY 19, 1985 433

for the petitioner, by Mrs. Catherine G. O'Sullivan for the United States as amicus curiae^ by special leave of Court, and by Mr. Joseph P. Bauer for the respondent.

No. 83-6663. Charles Fugate, Petitioner v. New Mexico. Argued by Mr. J. Thomas Sullivan for the petitioner and by Mr. Paul G. Bardacke for the respondent.

No. 84-4. Williamson County Regional Planning Commission, et al.,

Petitioners v. Hamilton Bank of Johnson City. Argued by Mr. Robert L. Estes for the petitioners, by Mr. Edwin S. Kneedler for the United States as amicus curiaey by special leave of Court, and by Mr. G. T. Nebel for the respondent. No. 84-312. Donald J. Devine, Director, Office of Personnel Manage- ment, Petitioner v. NAACP Legal Defense and Educational Fund, Inc., et al. Argued by Mr. Solicitor General Rex E. Lee for the petitioner and by Mr. Charles Stephen Ralston for the respondents.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) WEDNESDAY, FEBRUARY 20, 1985 435 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James H. Heffeman Washington, DC Ralph Earle II Michael A. Nardolilli Arlington, VA Ralph Earle II Linda Frick Bakersfield, CA Charles Pashayan Jr. Evelyn Horvath Seidman Scarsdale, NY WiUiam R. Glendon

Opinions

No. 82-5920. Kevin Michael Shea, Petitioner v. Louisiana. On writ of certiorari to the Supreme Court of Louisiana. Judgment reversed and case remanded to the Supreme Court of Louisiana for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice White with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join. Dissenting opinion by Justice Rehnquist,

No. 83-1476. United States, Petitioner v. Mary Dann and Carrie Dann. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. No. 83-469. United States, Petitioner u Billy G. Young. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall and Justice Blackmun join. Dissenting opinion by Justice Stevens. Oral Arguments

No. 84-28. Donald C. Brockett, Appellant u Spokane Arcades, Inc., et al.; and 436 WEDNESDAY, FEBRUARY 20, 1985

• No 84-143. Kenneth Eikenberry, Attorney General of Washington, et al. Appellants v. J-R Distributors, Inc. , et al. Argued Chris- , by Ms. tine 0. Gregoire for the appellants and by Mr. John H. Weston for the appellees.

No. 84-277. Board of Trustees of the Village of Scarsdale, et al.,

Petitioners v. Kathleen S. McCreary, et al. Argued by Mr. Marvin E. Frankel for the petitioners and by Mr. Marvin Schwartz for the respondents.

No. 84-231. Alvin D. Hooper and Mary N. Hooper, Appellants v. Bernalillo County Assessor. Argued by Mr. Alvin D. Hooper for the appellants and by Mr. H. Bartow Farr, III, for the appellee. No. 84-262. Mountain States Telephone and Telegraph Company,

Petitioner v. Pueblo of Santa Ana. Argued by Ms. Kathryn Marie Krause for the petitioner and by Mr. Scott E. Borg for the respondent.

Adjourned until Monday, February 25, 1985 at 10 o'clock. X (JOURNAL) SATURDAY, FEBRUARY 23, 1985 437 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. .

Order in Pending Case

No. A-641. Howard Mattheson, Applicant v. C. Paul Phelps, Secre- tary, Louisiana Department of Public Safety and Corrections. The application for stay of execution of the sentence of death scheduled for Monday, February 25, 1985, presented to Justice White and by him referred to the Court is granted pending the timely filing and disposition by this Court of a 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 writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court. Justice White and Justice Rehnquist would deny the application. Justice Powell took no part in the consideration or decision of this application.

(JOURNAL) MONDAY, FEBRUARY 25, 1985 439 SUPREME COURT OF THE UNITED STATES

No. 84-1079. Bethune Plaza, Incorporated, Appellant v, E. Allen Bemardi, Director of Labor of Illinois. Appeal from the Appellate Court of Illinois, First District. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-1092. Aaron Mark Zinmierman, Appellant v. Robert Abrams, Attorney General of New York, et al. Appeal from the Appellate Divi- sion, Supreme Court of New York, Fourth Judicial Department. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-5912. Jimmy Calloway, Appellant v. Alabama. Appeal from the Supreme Court of Alabama. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case. Certiorari—-Summary Disposition No. 84-5396. Bryan Jennings, Petitioner u Florida. On petition for writ of certiorari to the Supreme Court of Florida. 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 Florida for further consideration in light of Shea v. Louisiana, 470 U. S. (1985) and Smith v. Illinois, 469 U. S. (1984). Justice Rehnquist dissents. Justice Powell took no part in the consideration or decision of this case.

Orders in Pending Cases

No. A-608. Eugene J. Carella and Paula E. Pfister, Applicants v. Municipal Court of Los Angeles, et al. The application for stay ad- ,

440 MONDAY, FEBRUARY 25, 1985

dressed to Justice Marshall and referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application.

No. D-459. In the Matter of Disbarment of Kenneth M. Stachurski. Disbarment order entered.

No. D-464. In the Matter of Disbarment of Marlin K. McDaniel. Dis- barment order entered.

No. D-465. In the Matter of Disbarment of Michael A. Pelle. Disbar- ment order entered.

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K.

Landreth, et al. The motion of Advance Ross Corporation for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-4. Williamson County Regional Planning Commission, et al.

Petitioners v. Hamilton Bank of Johnson City. The motion of petitioner for leave to file reply brief, out-of-time, is granted. Justice Powell took no part in the consideration or decision of this motion. I

No. 84-468. City of Cleburne, Texas, et al., Petitioners v. Cleburne

Living Center, et al. The motion of Association for Retarded Citizens of the United States, et al. for leave to file a brief as amid curiae is granted. The motion of The National Association for Rights Protection

and Advocacy, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-861. National Labor Relations Board, Petitioner v. Inter- national Longshoremen's Association, AFL-CIO, et al. The motion of respondents New York Shipping Association, Inc., et al. for divided

argument is granted. The motion of the Solicitor General for divided

argument is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-978. Exxon Corporation, et al.. Appellants v, Robert Hunt,

Administrator of New Jersey Spill Compensation Fund, et al. The So-

licitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-1282. In Re Victor E. Murgo, Applicant. The application for

stay addressed to Justice Stevens and referred to the Court is denied. MONDAY, FEBRUARY 25, 1985 441

Justice Powell took no part in the consideration or decision of this application.

Certiorari Granted

No. 84-5636. Leon Alcorn, Petitioner v. Steve Smith, Warden. Mo- tion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Powell took no part in the consideration or decision of this petition.

Certiorari Denied

No. 83-1747. Arthur Tate, Jr., Superintendent, Chillicothe Correc- tional Institute, Petitioner v. Charles E. Rose. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-2052. Hanoch Tel-Oren, in his capacity as father, on behalf of the deceased, Imry Tel-Oren, et al.. Petitioners v. Libyan Arab Repub- lic, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-177. Illinois, Petitioner v. James Hammock, Jr. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-256. Roy L. Williams, Petitioner v. United States; No. 84-292. Thomas F. O'Malley and Andrew G. Massa, Petitioners

V, United States; and

No. 84-585. Joseph Lombardo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-587. Auvergne d*Antignac, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-590. Red Star Marine Services, Inc., Petitioner v. Raymond J, Donovan, Secretary of Labor. Petition for writ of certiorari to the 442 MONDAY, FEBRUARY 25, 1985

United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-685. Donald Nixon Rush, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for j the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-834. Leslie R. Barth, et al., Petitioners v. United States,

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

No. 84-877. William Hildmann, Petitioner v, Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-890. Emory Worth Brown, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-904. J. H. McQuiston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-916. Gerry W. Monroe, et al., Petitioners v. United Air Lines, Inc., et al.; and

No. 84-958. Air Line Pilots Association, International, Petitioner v.

Lee F. Higman, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-919. New York University Medical Center, Petitioner v. Na- tional Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-923. Carnival Cruise Lines, Inc., Petitioner v. Albert Rom- berg and Laura Romberg. Petition for writ of certiorari to the United 1 States Court of Appeals for the Eleventh Circuit denied. Justice Powell J took no part in the consideration or decision of this petition. |]l

No. 84-975. Deere & Company, Petitioner v. Jon E. Rinzenbaw and Rinze Manufacturing, Inc. Petition for writ of certiorari to the United MONDAY, FEBRUARY 25, 1985 443

States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1032. Alcon Laboratories, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1055. Edward R. Drury, Petitioner v. Louisiana State Bar Association. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1057. Ophus A. Hutcherson, Jr., et al., Petitioners v. Board of Supervisors of Franklin County, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1060. James A. Aukamp, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1061. Michael Merchent and S. W. Meyer, Petitioners v. Jen D. Cubbage. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1073. Karen Fitzpatrick, Petitioner v. Villanova University. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1078. John Carson, et al.. Petitioners v, Indiana and Indiana State Police Department. Petition for writ of certiorari to the Court of Appeals of Indiana denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1080. Southern Pacific Communications Company, et al.. Petitioners v. American Telephone & Telegraph Company, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1087. Clevester Davis, et al.. Petitioners v. Avco Financial Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 444 MONDAY, FEBRUARY 25, 1985

No. 84-1094. Carlos Fornash, Petitioner v. Kentucky. Petition for writ of certiorari to the Campbell Circuit Court of Kentucky, Division One, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1095. Henry B. Fitzpatrick, Jr., Petitioner v. I. V. DiMartino, Judge, Superior Court, Law Division, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1111. Leonard Sussman, Petitioner u News Journal Corpora- tion. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1117. Winslow Manufacturing, Inc., et al.. Petitioners v. Phil- lip Kain, dba Brock-Kain. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1130. Paul Dempster and Sailors' Union of the Pacific, Peti- tioners V. Peter Turner. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1138. George Keith Garman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1169. Charles Peebles, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1189. John C. Grier, Jr., Petitioner v. Board of Commission- ers for Moore County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1206. Mike Mehdi Fooladi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1215. Dennis Allen Hendricks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for MONDAY, FEBRUARY 25, 1985 445 the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1241. Robert Knobeloch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5344. James W. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5594. Samuel Brantley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5679. Michael C. Antonelli, Petitioner v. Dennis Luther, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5681. Joseph Leon Chase, Petitioner v. John T. King, Secre- tary, Louisiana Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5700. Elie Zogaib, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5728. Sheila Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5731. Lloyd Virgil Saylor, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5822. Alonzo Lewis, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5868. James Michael Welch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the MONDAY, FEBRUARY 25, 1985

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

No. 84-5869. Leslie Z. Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5898. Michael G. Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5911. Ronald Janssen, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5925. Vemita Nuey, Petitioner u Departmental Disciplinary Committee for the First Judicial Department. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5953. Joseph E. Horton, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5984. Albert M. Mark, Petitioner u Robert J. Athmann, et ux., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5991. David Charles Bickley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5999. Ernest L. McMinn, Petitioner v, D. V. Ramoni, etc. Petition for writ of certiorari to the Court of Appeals of Ohio, Sununit County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6000, Michael D. D'Agostino, Petitioner v. County of Madi- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, FEBRUARY 25, 1985 447

No. 84-6001. Richard G. Alberton, Petitioner v. State Bar of Califor- nia. Petition for writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6004. John M. Reed, Petitioner v. George M. Joseph, et al. Petition for writ of certiorari to the Supreme Court of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6008. Curtis Lee Sledge, Petitioner v. Paul J. Morris, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6009. David Allen Moore, Petitioner v. Nathan Rice, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6010. Thomas Austin, Petitioner v. John Moran, Director, Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6016. James Frederick Gentsch, Petitioner u Thomas Lowe, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6020. Annie A. Montgomery, Petitioner v. National Multiple Sclerosis Society. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6025. Hiram Ash, Petitioner v, Eugene Cvetkov, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6026. George Gerald Chamberlain, Petitioner v. Robert Erickson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6028. Terry Lee Erickson, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV denied. Justice Powell took no part in the consideration or decision of this petition. 448 MONDAY. FEBRUARY 25, 1985

No. 84-6053. Wayne Desmond Harris, Petitioner v. Duane K. Fried- line, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6071. Frank J. McKinney, Petitioner v. Margaret M. Heck- ler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6082. Joseph J. Attwell, et al.. Petitioners v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6085. Robert Ray Houston, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

NOc 84-6100. James D. Hawthorne, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6103. Bert Gigii, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6114. Fulgencio Pantoja-Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6119. Justine Justus Okot, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6120. David T. Gorgei, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6121. Vincent J. Menier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth

i MONDAY, FEBRUARY 25, 1985 449

Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6129. Harold Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6130. Dean M. Rieck, Petitioner v. Frank Wood, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6136. Nicholas H. Marino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-654. Texas, Petitioner v. Claude Lee Wilkerson. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-723. David A. Garraghty, Warden, et al., Petitioners v. Lemuel Hubert Hinton. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 83-6646. John Young, Petitioner v. Walter Zant, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5504. Robert Ybarra, Jr., Petitioner v, Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5683. John Michael Lamb, 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. Justice Powell took no part in the consideration or decision of this petition. 450 MONDAY, FEBRUARY 25, 1985

No. 84-5794. Willie C. Clisby, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6011. Michael Angelo Coleman, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ten- nessee, Western Division, denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-532. Marjorie H. Rowland, Petitioner v. Mad River Local School District, Montgomery County, Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5720. Cindy Gregory, Petitioner v. Town of Pittsfield, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. Dissenting opinion by Justice O'Connor with whom Justice Brennan and Justice Marshall join. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5829. Jessie J. McKinley, Petitioner v, Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Brennan would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5969. Michael Lindsey, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan. Justice Marshall would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 84-336. James Bushey, et al.. Petitioners v. New York State Civil Service Conmiission, et al.;

No. 84-629. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner

V. Ernest M. McCollum, et al.;

No. 84-653. Roberta Schleifer, Petitioner v. Children's Memorial Hospital;

No. 84-692. Gerald S. Hawkins, Petitioner v. Alex. Brown & Sons,

et al.; i MONDAY, FEBRUARY 25, 1985 451

No. 84-707. Willie J. Dunn, Petitioner v. United States, et al.;

No. 84-781. Iowa Express Distribution, Inc., Petitioner v. National Labor Relations Board;

No. 84-784. Francis P. Tracey, Petitioner v. United States;

No. 84-5502. Patrick James Campbell, Petitioner v. William Clark, Secretary of the Interior;

No. 84-5545. Ronald Keith Spivey, Petitioner v. Georgia;

No. 84-5684. Graydon Roger Boles, Petitioner v. J, T. Baker, et al.;

No. 84-5810. Duane Keith Brown, Petitioner v. Corporal Young, et al.; and

No. 84-5926. Clarence V. Saunders, Petitioner v. United States. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 83-6350. Timothy W. McCorquodale, Petitioner v. Balkcom, Warden, et al. The orders entered May 21, 1984, suspending the effect of the order denying the petition for writ of certiorari and staying execution of sentence of death are vacated. The petition for rehearing is denied. Dissenting statement by Justice Brennan and Justice Mar- shall. Justice Powell took no part in the consideration or decision of these orders.

Recess Order

The Court will take a recess from Monday, March 4, 1985, until Monday, March 18, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jerry Shimiate Alvis Raleigh, NC Armistead Jones Maupin Claudeen Bates Arthur Window Rock, AZ Donald Raymond Wharton Joanne Thomas Asbill Washington, DC Donald Baxter Craven Harlan Bernstein Portland, OR Michael Thomas Garone William J. Bigham Trenton, NJ Richard M. Hluchan 452 MONDAY, FEBRUAKY 25, 1985

Applicant City and State Movant

Warren Ernest Brown Lafayette, LA Fredric G. Hayes Seth Darryl Bykofsky New York, NY Harry H. Lipsig Robert Leslie Byman Chicago, IL Howard Robert Barron Francis Joseph Carey Chicago, IL Alan M. Levy Robin Charlow New York, NY Phylis Skloot Bamberger R. David Christy Montgomery, AL Thomas Russell Allison Thomas Joseph Cohan Wheeling, IL James Joseph Breen Jr. George W. Cole Chicago, IL Judge William E. Peterson Karen A. Conrad Louisville, KY Walter J. Swyers Jr. Harriet E. Cooperman Baltimore, MD WIUiamH. Engelman Paul Joseph Coselli Houston, TX Daniel Kuldell Hedges Donn E. Davis Lincoln, NB Alan E. Peterson Robert Charles Devlin Fairview Park, Charles Francis OH Ipavec Margo Pauline Domon Washington, DC Howard Coolidge Daveport Francis W. Faris Jr. Elmhurst, IL Carrol C. Bryan John S. Foley Providence, RI Leonard Decof Richard Thomas Foltin New York, NY Samuel Rabinove Robert Frager Kansas City, MO FeHx Bickerton Winston Robert S. Gilmour Philadelphia, PA Alan B. Morrison Dennis Marc Gingold Washington, DC Jeffrey S. Davidson Martin Glickfeld San Francisco, CA Lowell H. Sucherman Mark Stephen Graham Monroeville, PA James Alan Burger Paul E. Gutermann Washington, DC David Richard Berz MONDAY, FEBRUAEY 25, 1985 453

Applicant City and State Movant

Arthur Gordon Haller Gainesville, FL Herbert T. Schwartz W. E. Harper Beaumont, TX Cecil W. Tebbs Douglas Donald Harris Bozeman, MT Lyman H. Bennett III William D. Harris Jr. DaUas, TX V. Bryan Medlock Jr. Diane Madeline Henson Austin, TX Robert J. Hearon Jr. Rodolfo Hernandez El Paso, TX Anthony A. Movsesian Manuel Hidalgo Los Angeles, CA Robert E. Hinerfeld David S. Houston Washington, DC Whayne S. Quin J. Andrew Hoyal II Nashville, TN Wayne Elliott Uhl Booker T. Jackson Jr. Oakland, CA James W. Rosenquist Robert J. Jagiello Crestline, CA Robert E. Hinerfeld Stephen John Kaczynski New York, NY Calvin Marc Lederer Douglas Wayne Kenyon Richmond, VA Kenneth Francis Ripple Dana Ray Kolter Louisville, KY Aaron Neal Herrington John F. Lushis Jr. Bethlehem, PA Thomas J. Rueter Mark T. Luttier Palm Beach, FL Robert T. Scott Michael Joseph Mazuran Salt Lake City, Harold Carl UT Verhaaren Gordon Andrew McKay Chevy Chase, MD Charles McCurdy Mathias Jr. R. Frederick Melin Newton, lA Ennis McCall Rivard Donald Melson Montgomery, AL Thomas Russell Allison Craig D. Miller Washington, DC Jay Laurie Carson Eduardo Miranda El Paso, TX John Louis Fashing Woodrow S. Nasser Terre Haute, IN Eric A. Frey 454 MONDAY, FEBRUARY 25, 1986

Applicant City and State Movant

William P, O'Malley Clearwater, FL Carlon M. O^MaUey Jr. Amit Anant Pandya Washington, DC Susan Weld Shaffer Ellen D. Phillips Daytona Beach, Melvin Orfinger FL Mott V. Plummer Newport, KY Bruce Lane McClure George V. Postrozny Carson City, NV Harry W. Swainston Kenneth M. Raisler Washington, DC Whitney M. Adams Eugene B. Ralston Topeka, KS Gene E. Schroer Thomas Rasmusson Lansing, MI Raymond L. Scodeller Alan Leslie Reeves San Francisco, CA Graydon Shaw Staring Thomas Jay Reiman Chicago, IL Richard J. Metzger Richard H. Robblee Seattle, WA Hugh Hafer Bruce Robertson Jr. San Antonio, TX Forrest Nolan Welmaker TOlliam John Rold Brooklyn, NY John William Cleveland John Marvin Rucker Newberry, SC Joe L. Allen Jr. Anthony James Saggese Jr. Wilton, CT David A. Luttinger Diana Samuelson San Francisco, CA Michael Bruno Bassi Roberta F. Sawyer Cohasset, MA Charles J. Himiphreys Stephen R. Sawyer Lansing, MI Harold S. Sawyer Stuart Jeffrey Schatz Philadelphia, PA Mitchell A. Kramer Robert Mark Schaufeld Merrick, NY Michael C. Axelrod Jeffrey C. Slade New York, NY Jay H. Topkis David R. Smith Chicago, IL Judge Glenn T. Johnson MONDAY, FEBRUARY 25, 1986 455

Applicant City and State Movant

Rebecca Beach Smith Norfolk, VA John Milton Hollis Stephen M. Soble Washington, DC Miles W. Kirkpatrick Robert H. Straus Brooklyn, NY Raymond S. Hack John R. Sweeney- Madison, WI Charles D. Hoomstra Gary L. Vmcent St. Louis, MO G. Carroll Stribling, Jr. Kenneth Glenn Vines Cheyenne, WY A. C. McClintock John Reel Walk Richmond, VA Everette G. Allen Jr. David Whitney Forest Falls, CA Richard R. Beswick James Alan Zapp Los Angeles, CA Paul Grossman Richard K. Zen- St. Charles, MO Gerald Julian Bamberger

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joanne Ivy Schwartz Washington, DC Solicitor General Rex E. Lee Colette J. Winston Washington, DC Solicitor General Rex E. Lee Brenda Moss Green Washington, DC Solicitor General Rex E. Lee Charlene Lou Vanlier Grand Rapids, MI Harold S. Sawyer Jerry Joe Cadwell Shoreham, NY Lucinda Low Swartz David M. Silberman Washington, DC Michael H. Gottesman Ronald Wayne Taylor Baltimore, MD Lawrence Stewart Wescott Oral Arguments

No. 83-6607. Bobby Caldwell, Petitioner v. Mississippi. Argued by Mr. E. Thomas Boyle for the petitioner and by Mr. WiUiam S. Boyd, III, for the respondent.

No. 84-194. United States, Petitioner v. Louise Shearer, Indi- vidually and as Administratrix for the Estate of Vernon Shearer, 456 MONDAY, FEBRUARY 25, 1985

Deceased. Argued by Mr. Kenneth S. Geller for the petitioner and by Mr, William T. Cannon for the respondent.

No. 84-68. Kerr-McGee Corporation, Petitioner v. Navajo Tribe of

Indians, et al. Argued by Mr. Alvin H. Shrago for the petitioner, by Ms. Elizabeth Bernstein for the respondents, and by Mr. Louis F. Claiborne as amicus curiae, by special leave of Court, in support of respondents.

No. 84-233. Phillips Petroleum Company, Petitioner v. Irl Shutts, et al. Argued by Mr. Arthur R. Miller for the petitioner and by

Mr. Joel I. Klein for the respondents.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) TUESDAY, FEBRUARY 26, 1985 457 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Judith A. Miller Washington, DC Mr. Justice Potter Stewart Steven A. Kaufinan Boston, MA Addison Lane McGovem

Opinions

No. 9, Original. United States of America, Plaintiff v. State of

Louisiana, et al. (Alabama and Mississippi Boundary case). Exception of the United States to the ruling by the Special Master that Mississippi Sound is historic inland waters is overruled. Exceptions of Alabama and Mississippi and remaining Exceptions of the United States are not ruled upon. Recommendations and Report of the Special Master adopted and confirmed to the extent they are consistent with the opinion. Parties are to submit an appropriate proposed decree to the Special Master for the Court's consideration. Each party is to bear its own costs. Actual expenses of the Special Master to be borne half by the United States and half by Alabama and Mississippi. Court retains jurisdiction to entertain such further proceedings, enter such orders, and issue such writs as from time to time may be deemed necessary or advisable to effectuate and supplement the decree and the rights of the respective parties. Opinion by Justice Blackmun. Justice Marshall took no part in the consideration or decision of this case.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. On writ of

• certiorari to the Court of Criminal Appeals of Oklahoma. Judgment reversed and case remanded to the Court of Criminal Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Marshall. Opinion by the Chief Justice concurring in the judgment. Dissenting opinion by Justice Rehnquist. 458 TUESDAY, FEBRUARY 26, 1985 Oral Arguments

No. 84-76. Nell Hunter, et al., etc., Appellants v. Victor Underwood and Carmen Edwards, etc. Argued by Mr. James S. Ward for the appellants and by Mr. Wilson Edward Still, Jr., for the appellees.

No. 84-127. Richardson-Merrell, Inc., Petitioner v. Anne Elisabeth Roller, etc., et al. Argued by Mr. Lawrence E. Walsh for the petitioner and by Mr. Michael H. Gottesman for the respondents.

No. 84-325. Metropolitan Life Insurance Company, Appellant v. Commonwealth of Massachusetts; and

No. 84-356. Travelers Insurance Company, Appellant v. Common- wealth of Massachusetts. Argued by Mr. Jay Greenfield for the appellant in No. 84-325, by Mr. Addison Lane McGovem for the appellant in No. 84-356, and by Ms. Sally A. Kelly for the appellee. No. 84-16. Kenneth Cory, Leo T. McCarthy and Jesse R. Huff,

Appellants v. Western Oil and Gas Association, et al. Argued by Mr. Dennis Eagan for the appellants and by Mr. Philip K. Verleger for the appellees.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) WEDNESDAY, FEBRUARY 27, 1985 459 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-1097. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Sandra Turner, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun.

No. 83-1013. Chemical Manufacturers Association, et al.. Petitioners

V. Natural Resources Defense Council, Inc., et al.; and

No. 83-1373. United States Environmental Protection Agency, Peti- tioner V. Natural Resources Defense Council, Inc., et al. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join, and with whom Justice 0*Connor joins as to Parts I, II, and III. Dissenting opinion by Justice O'Connor.

No. 83-1015. National Association for the Advancement of Colored

People, etc., et al.. Appellants v. Hampton County Election Commis- sion, etc., et al. Appeal from the United States District Court for the District of South Carolina. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Justice Powell and Justice Rehnquist concur in the judgment.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joseph Daniel Gallagher Rockville, MD John G. Gill, Jr. Joseph Keith Goldberg Rockville, MD Thomas J. Sippel 460 WEDNESDAY, FEBRUARY 27, 1985

Applicant City and State Movant

Franklin C. Phifer Jr. Washington, DC Franklin C. Phifer Monoranjan Bezboruah Washington, DC Thomas Richard Graham Susan B. Bovee Washington, DC Alfred P. Bergner Thomas Evans Chandler Washington, DC Alfred P. Bergner Michael D. Reynolds Salem, OR David B. Frohnmayer Margaret Rabin Salem, OR David B. Frohnmayer

Oral Arguments

No. 83-1894. Pattern Makers' League of North America, AFL-CIO, et al., Petitioners v. National Labor Relations Board, et al. Argued by Mr. Laurence Gold for the petitioners and by Mr. Charles Fried for the respondents.

No. 83-2148. Oregon Department of Fish and Wildlife, et al.. Peti- tioners V. Klamath Indian Tribe. Argued by Mr. David Frohnmayer for the petitioners and by Mr. Don Brantley Miller for the respondents.

No. 84-249. Roger L. Spencer, et ux., Petitioners v. South Carolina Tax Commission, et al. Argued by Mr. Henry L. Parr, Jr., for the petitioners and by Mr. Ray N. Stevens for the respondents.

No. 84-335. John N. Mitchell, Petitioner v. Keith Forsyth. Argued by Mr. Paul M. Bator for the petitioner and by Mr. David Rudovsky for the respondent.

Adjourned until Monday, March 4, 1985 at 10 o'clock. (JOURNAL) MONDAY, MARCH 4, 1985 461 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Rehnquist, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 84-914. St. Louis Southwestern Railway Company, Petitioner v. Robert Wayne Dickerson. On petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District. The petition for writ of certiorari is granted. The judgment is reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting statement by Justice Marshall. Justice Powell took no part in the consideration or decision of this case.

Appeals—Summary Disposition

No. 84-1214. Ransom Charles, Appellant v. Kentucky. Appeal fi:om the Court of Appeals of Kentucky. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-6049. James W. Raphael-Johnson, Appellant v. District of Columbia. Appeal from the District of Coliunbia Court of Appeals. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 83-613. United States, Petitioner v. Thomas 0. Robinson, Jr. 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 United States v. Young, 470 U. S. (1985). Justice Brennan would deny certiorari. Justice Powell took no part m the consideration or decision of this case. 462 MONDAY, MARCH 4, 1985

Orders in Pending Cases

No. A-642. Arietta Faye Brownlee, Applicant v. United States. The application for stay presented to Justice O'Connor and by her referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application.

No. D-479. In the Matter of Disbarment of William Goffen. It is ordered that William Goffen, 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-480. In the Matter of Disbarment of Warren J. Black. It is ordered that Warren J. Black, of New 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-481. In the Matter of Disbarment of Eugene Gold. It is ordered that Eugene Gold, 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. 84-261. Conmiodity Futures Trading Commission, Petitioner v. Gary Weintraub, et al. The motion of the Solicitor General to permit Bruce N. Kuhlik, Esquire, to present oral argument pro hac vice is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-363. Northeast Bancorp, Inc., et al.. Petitioners v. Board of Governors of the Federal Reserve System, et al. The motion of The

David F. Bolger Revocable Trust for leave to file a brief as amicus curiae is granted. The motion of The Bank of New York Company, Inc. for leave to file a brief as amicus curiae is granted. The motion of New York State Bankers Association for leave to file a brief as amicus curiae is granted. The motion of Alphonse M. D'Amato, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of these motions. No. 84-433. School Committee of the Town of Burlington, Massachu- setts, et al., Petitioners v. Department of Education of the Conmion- wealth of Massachusetts, et al. The motion of The Developmental Dis- abilities Law Center, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of this motion. MONDAY, MARCH 4, 1985 463

No. 84-679. Bateman Eichler, Hill Richards, Incorporated, Peti-

tioner V. Carl F. Bemer, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Marshall and Justice Powell took no part in the consideration or decision of this motion.

No. 84-870. Louisiana Public Service Commission, et al.. Appellants

V. South Central Bell Telephone Company. The Solicitor General is in-

vited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order. No. 84-900. New England Telephone and Telegraph Company, Peti- tioner V. Public Utilities Conmiission of Maine, et al. The Solicitor

Greneral is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

Certiorari Granted

No. 84-836. Daniel Vasquez, Warden, Petitioner v. Booker T. Hillery, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-5555. Larry Gene Heath, Petitioner v. Alabama. Motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the Supreme Court of Alabama is granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-5630. Kathy Thomas, Petitioner v. Dorothy Am, Superin- tendent, Ohio Reformatory for Women. Motion of petitioner for leave to proceed informs pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit is granted. Justice Powell took no part in the consideration or decision of this motion and this petition.

Certiorari Denied

No. 82-1974. City of Macon, Petitioner v, C. D. Joiner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 464 MONDAY, iMARCH 4, 1985

No. 83-257. City Council of Augusta, Georgia, Petitioner v. Jimmy Allen Alewine, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-321. Alabama, Petitioner v. Earnest James Sturdivant, Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-693. Wilson Tony Harreil, Petitioner v. United States; and

No. 84-5748. James Hawkins, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-700. West Michigan Broadcasting Company, Petitioner v.

Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-924. Jeffrey K. Smith, Petitioner v. George P. Russell. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-955. Anne C. Bell, Petitioner v, Lowry M. Bell, Jr. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-961. Helen S. Vance, et al.. Petitioners u Tennessee Valley Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-974. Jack R. Battipaglia and Bacchus Selections, Inc., Peti- tioners V. New York State Liquor Authority and Peerless Importers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-984. National Broadcasting Company, Inc., Petitioner v. Frank Herman and Frank Mullaney; and

No. 84-1133. Frank Herman and Frank Mullaney, Petitioners v. Na- tional Broadcasting Company, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of these petitions. MONDAY, MARCH 4, 1985 465

No. 84-1012. Eugene Haney, Administrator of the Estate of Freddie

Lee Mayes, Petitioner v. City of Louisville, Kentucky, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1085. Metropolitan Life Insurance Company, Petitioner v. Jean Kelley. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1090. Sylvia Lostal, etc., et al., Petitioners v. Manville Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1106. Northern California District Council of Laborers, et al..

Petitioners v. Frederick Meiswinkel, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1114. Walter Lloyd Blair, Petitioner v. Committee on Legal Ethics of the West Virginia State Bar. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1115. Legal Services Corporation, et al.. Petitioners v. East Arkansas Legal Services. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1118. Jackie Lee Atkins, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, West- em Division, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1119. Stuart C. Goldberg, Petitioner v. Sitomer, Sitomer & Porges, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1123. Armour & Company, Petitioner v. Curtis Holsey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1124. Para Transit Corporation, et al.. Petitioners v. County of Monroe, et al. Petition for writ of certiorari to the Conunonwealth 466 MONDAY. MARCH 4, 1985

Court of Pennsylvania denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1129. Patricia Conti and Richard Conti, Petitioners v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration -or decision of this petition.

No. 84-1158. Vickie Singer, et al., Petitioners v. Robert Wadman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1162, Burlington Northern Railroad Company, Petitioner v. Gail L. Clay, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1196. Certain-Teed Corporation, Petitioner v. Contractor Utility Sales Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1203. Fischbach and Moore, Inc., Petitioner u United States;

No. 84-1218. Lord Electric Company, Inc., Petitioner v. United States; and

No. 84-1229. Paul E. Arbogast, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-1247. Vartan Azarian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1272. Michael E. Carey, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5692. Stanley Lee Covington, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5710. Horace A. Butler, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals de- MONDAY, MARCH 4, 1985 467 nied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5719. Lawrence G. Coker, Petitioner v. Douglas Williams, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5745. Leatrice Little, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5772. James Lewis Small, Jr., Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5796. Christopher Scott Peterson by Suzanne L. Chance, next friend. Petitioner v. City of Aurora, Colorado. Petition for writ of certiorari to the District Court of Arapahoe County, Colorado, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5889. Matthew Kevin Neal, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5902. David Franklin Clay, Petitioner v. Texas, Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-6022. R. B. WilUams, Petitioner v. Al C. Parke, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6023. Ricky Shivers, Petitioner v. Ilhnois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6024. Harold Leroy Brown, Petitioner v. Louie L. Wain- wright. Director, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6031. Lawrence J. Krug, Petitioner v. Maxine Abel. Petition for writ of certiorari to the United States Court of Appeals for the MONDAY, MARCH 4, 1985

Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6035e Roy David Ballengee, Petitioner u Manfred Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6037. Matthew Faison, Petitioner v. E. B. Davis, Judge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6038. Major Stewart, Petitioner v. Frank Blackburn, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6042. Donald Barnes Bradley, Petitioner v. John D. Rees, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6044. Roy Anderson Day, Petitioner v. James DeAnda, Judge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6046. Henry Demps Moore, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6047. Henry E, Norris, Petitioner v. J. 0. Davis, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6056. David Minneman, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6058. Donald E. Pallett, Petitioner v. Malheur County Circuit Court. Petition for writ of certiorari to the Supreme Court of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6066. Richard D. Cooper, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. MONDAY, MARCH 4, 1985 469

Justice Powell took no part in the consideration or decision of this petition.

No. 84-6072. William B. Westfall, Petitioner v. Manfred Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6126. Harold Dean Combs, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6137. Larry Edward Stead, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6140. Channarong Achawamethekul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6142. Donald Day, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6162. Donald L. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6163. Chua Han Mow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6169. Joel Levine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6177. Daniel Nelson Silva, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 470 MONDAY, MARCH 4, 1985

No. 84-6178. Raymond Wyatt Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6184. James H. Barnard, Petitioner v. United States. Peti- tion for writ of certiorari.to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6185. Frederic Clark Greer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-559. Peralta Shipping Corporation, Petitioner v. Smith & Johnson (Shipping) Corp. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissenting opinion by Justice Blackmim with whom Justice Marshall joins. Justice Brennan would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-748. G. W. Green, 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5774. Bobby Glen Wilcher, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dis- senting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition. No. 84-5856. Anthony Grandison, Sr., Petitioners. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5877. John Henry Knapp, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6041. Michael Eugene Sample, Petitioner v. Tennessee; and

No. 84-6093. Larry McKay, Petitioner v. Tennessee. Petitions for writs of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of these petitions. MONDAY, MARCH 4, 1985 471

No. 84-6043. Patricia Ann Thomas Jackson, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6091. Stephen K. Johns, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-762. Amos E. Reed, et al., Petitioners v. Charles J. Slakan. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-1178. Florida, Petitioner v. Thomas Raphael Fasenmyer. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-763. Augustin J. San Filippo, Petitioner v. United States Trust Company of New York, et al.; and

No. 84-1018. United States Trust Company of New York, et al..

Petitioners v. Augustin J. San Filippo and Robert M. Morgenthau, Dis- trict Attorney for County of New York. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissenting opinion by Justice White. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-812. Grand Trunk Western Railroad, Petitioner v. Mulay Plastics, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1128. John DiGiho, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Chancery Divi- sion, denied. Justice Brennan and Justice Powell took no part in the consideration or decision of this petition.

No. 84-5811. John Gacy, Petitioner v. lUinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan. Dissenting opinion by Justice Marshall. Justice Powell took no part in the consideration or decision of this petition. 472 MONDAY, MARCH 4, 1985

No. 84-5966. Wilby Frank Summit, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice Brennan and Justice Marshall would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 83-6865. Harold Vincent, Petitioner v. Louisiana;

No. 84-269. Edward J. Bloom, Petitioner v. United States;

No. 84-788. Robert F. Landers, Petitioner v. State Farm Mutual

Automobile Insurance Company, et al.;

No. 84-5454. William Staples, Petitioner v. Mark Towne, et al.;

No. 84-5749. Virginia Bridges, et al.. Petitioners u Phillips Petro- leum Company;

No. 84-5806. Roy Anderson Day, Petitioner v. Supreme Court of

Texas, et al.;

Noo 84-5828. Stefano Rocco, Petitioner v. Central Municipal Court, County of Orange; and

No. 84-5891. William M. Slater, Petitioner u United States. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Craig W. Anderson Salk Lake City, Charles R. Brown UT Patricia A. Brannan Washington, DC John M. Ferren Thomas Kirven Brantley Troy, AL Paul David Jr. Bjurberg Terry Calvani Nashville, TN Frederick M. Rowe Phyllis Harden Carter Little Rock, AR Carolyn B. Witherspoon Nicholas Casiello Jr. Atlantic City, NJ Philip A. Gruccio Kim B, Childs Denver, CO Paul D. Cooper Edward Francis Czepiga II New Haven, CT Ralph L. Palmesi Craig Jones Dorsay Window Rock, AZ Donald Raymond Wharton MONDAY, MARCH 4, 1985 473

Applicant City and State Movant

Stephen Harris Enfield Seattle, WA Daniel Leonard Schofield Blake C. Erskine Longview, TX Gerard R. Lear James Lawrence Fallon Fremont, CA William Beal Dunn Ronald Gafford Chicago, IL Patrick Clark McClurkin Robert S. Garrett Pittsburgh, PA Frederick N. Egler Roy A. Giles Jr. Raleigh, NC T. Buie Costen

David I. Hares St. Louis, MO Leo Hadley MacDonald Sr. David Michael Harris St. Louis, MO J. Roger Edgar David Scott Heier Columbus, OH Robert James HoUand James David Hollingsworth Decatur, GA Michael Duke Bolen Ellen A. Howard Boston, MA Beatrice Rosenberg Andrew William Hyman Encino, CA Jerry W. Ellinghouse Charles Karr Fort Smith, AK Robert William Vater Martin A. Keyser Pittsburgh, PA Jack W. Plowman June Ann Kirkland Atlanta, GA John J. Dalton Lee J. Klein Lansing, MI John H. Weston Thomas Augustine Koval Vero Beach, FL Everett John Van Gaasbeck Jane Kenworthy Lewis Cambridge, MA David Berman Luis Lopez-Gomez San Juan, PR Otto Miguel Bustello Garriga Andrea Lynch Utica, NY James W. Morgan Carmen M. Marino Cleveland, OH John T. Corrigan Michael V. Marino Arlington, MA Solicitor Greneral Rex E. Lee David Garver McNitt Wallingford, PA George J. McConchie Jeffrey R. McQuiston Dayton, OH Steven Michael Cox 474 MONDAY, MAECH 4, 1985

Applicant City and State Movant

MichaelJ. Mella Fair Lawn, NJ Benjamin R. Cascio Salvatore Charles Migiore Chicago, IL Bradford B. Ingram Herbert Minster New York, NY Nicholas Theodore Diakow Marilyn Neiman Teaneck, NJ Stephen Davis Jeirrey R. Nickerson Atlanta, GA John J. Dalton Gary A. Oshinsky Washington, DC Kenneth Braunstem James Allen Perkins San Antomo, TX Jack Pasqual John Edward Price Kansas City, MO James Madison Smart Jr. Wainscott Walker Putney Orlando, FL Oswald Beverly McEwan Paul D. Remgold Ann Arbor, MI William Bumham Thomas B. Ridgley Columbus, OH David Stewart Cupps

T /»«» H r • T 1 TXT A 1 Jeffrey Marx Rosenzweig Little Rock, AR John Worz Achor Lawrence H. Rudnick Philadelphia, PA Richard David Steel Patrick M. Ryan Oklahoma City, Lawrence E. OK Walsh Edward Aloysius Scott III Chicago, IL Richard D. Trainor Ann M. Sheadel East Greenwich, Susan E. McGuirl RI Dennis Odell Shillen Miami, FL Rick S. Cullen Susan H. Smith Batavia, OH Donald W. White Lewis T. Smoak Greenville, SC Lemuel Gray Geddie Jr. Fred L. Staggs Oklahoma City, Charles Foster OK Cox Kathryn A. Sticklen Boise, ID Barbara J. Miller Lewis W. Stone Eustis, FL Frank Town Gaylord Charles Jeffrey Waite Cincinnati, OH James D. Dennis Thomas Leland Weichbrodt Oklahoma City, Kenneth W. OK Turner MONDAY. MARCH 4, 1986 475

Applicant City and State Movant

John Williams Dover, DE William Prickett Richard E. Zuckerman Troy, MI David F. DuMouchel

Opinions

No. 83-773. Oregon, Petitioner v. Michael James Elstad. On writ of certiorari to the Court of Appeals of Oregon. Judgment reversed and case 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 Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens. No. 83-1452. R, Anthony Marrese and Michael R, Treister, Petition- ers V. American Academy of Orthopaedic Surgeons. 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 O'Connor. Opinion by the Chief Justice concurring in the judgment. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this case.

No. 83-1785. Air France, Petitioner v. Valerie Hermien Saks. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Justice Powell took no part in the consideration or decision of this case.

No. 83-1708. Dean Witter Reynolds Inc., Petitioner v. A. Lamar Byrd. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed insofar as it upheld the District Court's denial of the motion to compel arbitration 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 White.

No. 83-1065. County of Oneida, New York, et al., Petitioners v. Oneida Indian Nation of New York State, etc., et al.; and

No. 83-1240. New York, Petitioner v. Oneida Indian Nation of New York State, etc., et al. On writs of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed with respect to the finding of liability under federal law, and reversed with respect to the exercise of ancillary jurisdiction over the counties' cross-claim for 476 MONDAY, MARCH 4, 1985 indemnification and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell announced by the Chief Justice. Justice Stevens concurs in the judgment with respect to No. 83-1240. Opinion by Justice Bren- nan concurring in part and dissenting in part with whom Justice Mar- shall joins. Opinion by Justice Stevens dissenting in No. 83-1065 with whom the Chief Justice, Justice White and Justice Rehnquist join.

No. 83-1466. Supreme Court of New Hampshire, Appellant v. Kath- ryn A. Piper. Appeal from the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Powell announced by the Chief Justice. Opinion by Justice White concurring in the result. Dissenting opinion by Justice Rehnquist.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Victor Lane Horton Rector, AR Donald W. Hansen Ila C. Bridges Phoenix, AZ Donald W.

David Michael Crane Santa Monica, CA Donald W. Xlallbell Gregory Taylor Windsor, CT Donald W. Hansen Emmett Lamar Battles Jacksonville, FL Donald W. Hansen Eric T. Franzen III Melbourne, FL Donald W. Hansen George Allan Sirmans Homestead, FL Donald W. Hansen Harry WilHam Longbottom Manhattan, KS Donald W. Hansen Joanne R. Marvin Louisville, KY Donald W. Hansen Ronald Wadsworth White Lexington, KY Donald W. Hansen Susan Drach Stoughton, MA Donald W. Hansen Thomas Owen Mason Jackson, MI Donald W. Hansen ...

MONDAY, MARCH 4, 1985 477

Applicant City and State Movant

Craig Paul Wittman Cf "Doni i\yr"M Donald w. Hansen James Milton Ford Lebanon, MO Donald W. Hansen Kent Robert Meyer Fargo, ND Donald w. nansen Stephen R. Haney North Brunswick, Donald"Hz-vv-ioli-l AST"w

IN"MTJ ndiibeii

William George Stokes orowns iviiiis, inj Donaid w xiansen

William Valere Adams iVioaena, jn i Donald w. ndiioeii

Dominick DeLorio Jr. Baldwinsvllle, NY Donaid w naiiocll

James V. Pianelli Lrioversvuie, in i Donaid w nansen Dale Norman Woodling AKron, Url Donald w. ndiibcii Brenda Dott Coleman ivioore, Uxv Donaid w naiifecii David Marion England oorvaius, uiv Donaid w riansen Gilpin Ray Fegley wesi ijawn, rA Donald w. naiioeii Adele Higgins Odegard ijiensiae, r a Donaid w xiansen

Jerry W. Peace ijrreenVllle, oL> Donald w. nansen Jan Peter Fladeboe r lerre, oJJ Donaid w nallocll Byron Joseph Braun oan Antonio, lA Donald w. nansen Jack E. McGehee ivuieen, ia Donald w Hansen Eugene Edgar Stoker Victoria, TX Donald W. Hansen James Paul Rupper Provo, UT Donald W. Hansen ,

478 MONDAY, MARCH 4, 1985

Applicant City and State Movant

Scott Carter Black Charlottesville, Donald W. VA HansenTT

Jonn M. DyKstra Kj narlottesville Donald W. VA Hansen Michael Lee Stevens Charlottesville, Donald W. VA Hansen Theophlise L. Twitty Hampton, VA Donald W. Hansen

Adjourned until Monday, March 18, 1985 at 10 o'clock. X

Order in Pending Case

No. 84-5555. Larry Gene Heath, Petitioner v. Alabama. The order of

March 4, 1985 granting the petition for writ of certiorari is amended to read as follows: "The motion of the petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted limited to Question II. In addition, the parties are requested to

address the following questions: *What is the applicability, if any, of the dual sovereignty doctrine to successive prosecutions by two different states?* " Justice Powell took no part in the consideration or decision of this motion and this petition. | (JOURNAL) TUESDAY, MARCH 5, 1985 479 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Breiman, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Certiorari Denied

No. 84-6325. Johnny Paul Witt, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections, et al. The application for stay of execution of the sentence of death presented to Justice Rehnquist and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Stevens would grant the application for stay. Justice Powell took no part in the consideration or decision of this application and this petition.

Rehearing Denied

No. 84-6325. Johnny Paul Witt, Petitioner v, Louie L. Wainwright, Secretary, Florida Department of Corrections, et al. The petition for rehearing of the denial of certiorari and of the order denying the stay of execution of the sentence of death is denied. Justice Powell took no part in the consideration or decision of this petition.

(JOURNAL) MONDAY, MARCH 18, 1985 481 SUPREME COURT OF THE UNITED STATES

Opinion Per Cltriam

No. 84-690. United States, Petitioner v. Robert Paul Gagnon, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of respondents to supplement the record is granted. The petition for writ of certiorari is granted. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Brennan with whom Justice Mar- shall joins. Justice Powell took no part in the consideration or decision of this motion and this petition.

Appeals—Summary Disposition

No. 84-1168. Jerome J. Nash, Appellant v. City of Santa Monica, et al. Appeal from the Supreme Court of California. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-6081. James E. Johnson, Appellant v. New Jersey. Appeal from the Supreme Court of New Jersey. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

No. 84-6227. Paul Richard Manko, Appellant v. United States. Ap- peal from the United States Court of Appeals for the Eighth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Powell took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 84-1089. Nick N. Novicky, Petitioner v. Syntex Ophthahnics, Inc., et al. On petition for writ of certiorari to the United States Court 482 MONDAY, MARCH 18. 1985

of Appeals for the Federal 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 Federal Circuit for further consideration in light of Marrese v. American Academy of Orthopaedic Surgeons, 470 U.S. (1985). Justice Powell took no part in the consideration or decision of this case.

Orders in Pending Cases

No. . Life for God's Stray Animals, Inc., Gerald Fields and Ann P. Fields, Petitioners v. New North Rockdale County Homeowners As-

sociation, Inc. , et al. The motion to direct the Clerk to file a petition for writ of certiorari out-of-time is denied. Justice Powell took no part in the consideration or decision of this motion.

No. D-478. In the Matter of Disbarment of Anna Cotton Hailey . It is ordered that Anna Cotton Hailey, of Elwood, Indiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. Justice Powell took no part in the consideration or decision of this order. No. D-482. In the Matter of Disbarment of Thomas Miles Brunwin. It is ordered that Thomas Miles Brunwin, of Arcadia, 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. Justice Powell took no part in the consideration or decision of this order. No. l>-483. In the Matter of Disbarment of Clifford Jackson Bond, III. It is ordered that CMord Jackson Bond, III, 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 disbaired from the practice of law in this Court. Justice Powell took no part in the consideration or decision of this order.

No. 83-1925. Hillsborough County, Florida, et al., Appellants v. Automated Medical Laboratories, Inc. The motion of American Blood Resources Association for leave to participate in oral argument as ami- ctis curiae and for divided argument is granted. The motion of the Solic- itor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-363. Northeast Bancorp, Inc., et al.. Petitioners v. Board of Governors of the Federal Reserve System, et al. The motion of Frank MONDAY, MARCH 18, 1985 483

L. Morsani for leave to file a brief as amicus curiae is granted. The motion of respondents Bank of New England Corporation, et al. for divided argument is granted. The motion of petitioners Northeast Bancorp, Inc., et al. for divided argument is denied. Justice Powell took no part in the consideration or decision of these motions. No. 84-822. American National Bank and Trust Company of Chi- cago, et al., Petitioners v. Haroco, Inc., et al. The motion of American Bankers Association for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-835. New Jersey Department of Corrections, Petitioner v. Richard Nash; and No. 84-776. Philip S. Carchman, Mercer County Prosecutor, Peti- tioner V. Richard Nash. The motion of petitioners for divided argument is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-849. Kentucky, dba Bureau of State Police, Petitioner v. James E. Graham, et al. The motion of National League of Cities, et al. for leave to file a brief as amid curiae is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-861. National Labor Relations Board, Petitioner v. Interna- tional Longshoremen's Association, AFL-CIO, et al. The motion of Delta Steamship Lines, Inc. for leave to file a brief as amicus curiae is granted. The motion of Chamber of Commerce of the United States of America for leave to file a brief as amicus curiae is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-902. Wardair Canada, Inc., Appellant v. Florida Department of Revenue. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order. No. 84-921. Northeastern International Airways, Inc. and Arrow Air, Inc., Appellants v. Florida Department of Revenue. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-922. Lineas Aereas Costarricenses, S.A., et al.. Appellants v. Florida Department of Revenue. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-926. Eastern Airlines, Inc., Appellant v. Florida Department of Revenue. The Solicitor General is invited to file a brief in this case 484 MONDAY, MARCH 18, 1985

expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-929. Delta Air Lines, Inc., Appellant v. Florida Department of Revenue. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-1041. Air Jamaica Limited, et al.. Appellants v. Florida De- partment of Revenue. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Powell took no part in the consideration or decision of this order.

No. 84-1023. United States, Petitioner v, Fernando Rojas-

Contreras. The motion for appointment of counsel is granted and it is ordered that Judy Clare Clarke, Esq., of San Diego, California, is appointed to serve as counsel for the respondent in this case. Justice Powell took no part in the consideration or decision of this motion. No. 84-5108. Frank Liparota, Petitioner u United States. The motion of the Solicitor General to permit Charles Rothfeld, Esquire, to present oral argument pro hac vice is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-6158. Louis T. Ferrara, Petitioner v. Becton, Dickinson & Co., et al. The motion of petitioner for leave to proceed informa paupe-

ris is denied. Petitioner is allowed until April 8, 1985, 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.y Inc., 464 U.S. (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Justice Powell took no part in the consideration or decision of this motion.

Certiorari Granted

No. 84-1103. William Lloyd Hill, Petitioners 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 granted. Justice Powell took no part in the consideration or decision of this petition.

Certiorari Denied I

No. 83-2125. Linda S. McMahon, Director, Department of Social ]

Services of California, Petitioner v. Janet Vaessen, et al. Petition for MONDAY, MAKCH 18, 1985 485 writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-2165. Pamela D. Jones and Jennifer L. Dodge, etc., Petition- ers V. Michael Petit, Commissioner, Maine Department of Human Serv- ices. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6168. Constance James, Petitioner v. Walter Cohen, Secre- tary of the Pennsylvania Department of Public Welfare. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6269. Carolyn Bell, etc.. Petitioners. Ruth Massinga, Secre- tary, Maryland Department of Human Resources, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6769. Brenda Dickenson, et al.. Petitioners v. Michael Petit, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6870. Lester Matlock, Petitioner v. James Rose, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-444. Charles J. Connor, et al.. Petitioners v. Aerovox Incor- porated, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-626. William McGaffin, Petitioner v. Cathy Roberts. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-770. Save Mart of Modesto, Inc., Petitioner v. United Food and Conmiercial Workers Union, Local 126. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-783. Paul C. Murray, Petitioner v. Theodore M. Gardner, Special Agent, Federal Bureau of Investigation, et al. Petition for writ 486 MONDAY, MARCH 18, 1985 of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-798. George S. McLean, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-850. Francis A. Vitello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-852. Ernst & Whinney, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-853. Steven Asherman, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-855. Shirley Basham, et ux., et al., Petitioners v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-858. David Tarter, et al., Petitioners v. William Raybuck, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-917. Beatrice Mae Hansen, Individually and as Executrix of the Estate of Andrew T. Hansen, Petitioner v. Johns-Manville Sales Corporation, et al.; and

No. 84-1131. Johns-Manville Sales Corporation, et al.. Petitioners v.

Beatrice Hansen, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-941. Oklahoma, Petitioner v. Monty Lee Eddings. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-979. Rebecca Mae Cross, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court MONDAY, MARCH 18, 1986 487 of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-989. Newspaper Drivers and Handlers, Local No. 372, etc..

Petitioner v. National Labor Relations Board and Oakland Press Com- pany. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-990. Toledo, Peoria & Western Railroad Company, Petitioner

V, Illinois Department of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-992. Asociacion de Reclamantes, et al.. Petitioners v. United Mexican States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-997. Robert Lahodny, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1004. International Longshoremen's Association Locals 329 and 851, AFL-CIO, et al.. Petitioners v. Equal Employment Opportu- nity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1050. Hazel Mae Jolley, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1051. James McColgan and Deloris McColgan, Petitioners v.

United Mine Workers of America, et al. Petition for writ of certiorari to the Appellate Court of lUinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1065. Charles S. Kravitz, Petitioner v. United States, Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1102. Robert Philibosian, etc., et al.. Petitioners v. Feminist Women's Health Center, Inc., et al. Petition for writ of certiorari to the 488 MO^^DAY, MARCH 18, 1985

Court of Appeal of California, Second Appellate District, denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1132. Eastway Women's Clinic, Inc., Petitioner v. Eastway General Hospital, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1137. Indianapolis Colts, Petitioner v. Mayor and City Coun- cil of Baltimore, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1146. Frank Pravda, Petitioner v. Robert Hall, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1149. Lisa Litchfield, Petitioner v. Steven Spielberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1154. Jack P. Quinn, Petitioner v. State Farm Mutual Auto- mobile Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1156. Cox Enterprises, Inc., dba Austin American-States- man, Petitioner v. G. P. Hardy, Jr., District Judge, 130th District Court, Matagorda County, Texas; and

No. 84-1186. Houston Chronicle Publishing Company, Petitioner v. G. P. Hardy, Jr., District Judge, 130th District Court, Matagorda County, Texas. Petitions for writs of certiorari to the Supreme Court of Texas denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-1159. Karole K. Jensen, Administratrix of the Estates of

Sylvia Brown and Michael Clark, Deceased, Petitioner v. Virgil L. Con- rad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1161. Latrelle Campbell, Petitioner v. Pierce County, Geor- gia, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, MARCH 18, 1985 489

No. 84-1163. Caridad Valdes Aguilar, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth Supreme Judicial District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1170. 20th Century Wear, Inc., Petitioner v. Sanmark-Star- dust, Inc. and Domino Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1172. Larry Lee Gress, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1174. Esther C. Monzello, Petitioner v. Automobile Club of Southern California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1175. David Anthony Nelson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth Supreme Judicial District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1182. Boeing Company, et al. , Petitioners v. Islamic Republic of Iran, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1183. Jimmy Howard Self, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1184. City of Montgomery, et al.. Petitioners v. Tate Wil- liams. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1195. Nestier Corporation, Petitioner v. Menasha Corpora- tion (Lewisystems Division). Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1197. Deak-Perera Hawaii, Inc., Petitioner v. Department of Transportation of Hawaii, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 490 MONDAY, MARCH 18, 1985

No. 84-1199. Jayne King Moore, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1201. Marshall I. Teichner, Petitioner v. Administrator of the Illinois Attorney Registration and Disciplinary System. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1202. Rig Hammers, Inc., Petitioner u Odeco Drilling, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1205. International Woodworkers of America, Local 3-261, Petitioner u Irene Kuhn, Personal Representative of the Estate of Wolfgang D. Kuhn. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1211. Thomas M. Norminton and Levy & Norminton, Peti-

tioners V. Court of Appeal of California, Second Appellate District. Petition for writ of certiorari to the Court of Appeal of CaHfomia, Second Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No, 84-1213. Car Carriers, Inc., et al.. Petitioners u Ford Motor Company and Nu-Car Carriers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition. No. 84-1232. Rayford Norman Jackson, Petitioner u Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1242. Royal Von Puckett, Petitioner u City of Emmett, Idaho. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1243. Sammie J. Rodgers, Petitioner v. Fisher Body Divi- sion, General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1245. John Joseph Burke, et al.. Petitioners u Atlantic Re- search Corporation, et aL Petition for writ of certiorari to the Supreme MONDAY, MARCH 18, 1985 491

Judicial Court of Massachusetts denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1264. Nova University, Petitioner v. Educational Institution Licensure Commission. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1269. John DeWitt, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1286. Charles W. Crosson, Jr., Petitioner v. Wendell F. Conlee, Executor of the Estate of E. Douglas Via, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1323. Lewis T. Perry, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1334. Harvey J. Snyder, Jr., Petitioner v. Ohio State Medical Board. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5426. James Hatcher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5599. John W. McQueen, Petitioner v. Raymond D. Massey, Superintendent, Union Correctional Institution. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5607. Leard Evander Lisk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5614. Jack Scriber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 492 MONDAY, MARCH 18, 1985

No. 84-5668. Roy Clark, Petitioner v. Ross Maggio, Jr., Warden, et ai. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5702. Robert Zarinsky, Petitioner u Peter J. Fenton, Super- intendent, New Jersey State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-5739. Mary Phelps, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5801. Bobby Earl Austin, Petitioner v. Warren Young, Su- perintendent, Waupun Correctional Institution, Waupun, Wisconsin. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5837. Richard Francis DeVincent, Petitioner v. United States, et ale Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5879. Robert Lee Brown, Petitioner v. Charles Balkcom,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5914. Laura Anne Henry, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5922. Allen Slater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6055. Eugene Hanson, Petitioner v. Virginia Rutherford, et al. Petition for writ of certiorari to the Supreme Court of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6060. Joseph Herald Ross, Petitioner v. Louie L. Wain- wright. Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- MONDAY, MARCH 18, 1985 493 enth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6062. Dale E. Geidel, Sr., Petitioner 2;. Thomas A. Fulcomer, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6063. Norman P. Lee, Jr., Petitioner v. L. V. Stephenson, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6078. Michael Douglas Wilkins, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-6083. Louise Bouta, Petitioner v. American Federation of State, County and Municipal Employees. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6084. James Luther Covington, Petitioner v. Matt Winger, Metro Squad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6087. James Willie Lankford, Petitioner v. Superior Court of California, in and for the County of Alameda. Petition for writ of certiorari to the Supreme Court of California denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6088. Roy Branch, Petitioner v. Hoyt C. Cupp, Superintend- ent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6092. Herbert D. Berkson, Petitioner v. Del Monte Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6094. David S. Tryon, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6097. Steven Mitchell, Petitioner v. Charles Scully, Super- intendent, Greenhaven Correctional Facility. Petition for writ of certio- 494 MONDAY, MARCH 18, 1985 rari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6101c Mamie Ann Best, Petitioner v. Terrance Holbrook, Su- perintendent, Massachusetts Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6105. Anthony J. Costello, Petitioners. Frank Holmes, et al. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6107. Burl Anderson Howell, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6109. Dale E, Geidel, Petitioner v. Thomas A. Fulcomer, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6110. Larry E. Gardner, Petitioner v. City of Detroit Police

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

No. 84-6111. Aaron Holsey, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6112. Aaron Holsey, Petitioner u Thomas H. Ward, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6115. Lorenzo Tunier, Petitioner v. Daniel Bosse, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6116. Melvin Leroy Tyler, Petitioner v. Milt Harper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, MARCH 18, 1985 495

No. 84-6117. Robert J. Zani, Petitioner v. Sixth Supreme Judicial District Court of Appeals, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6118. Robert J. Zani, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6124. Kuang Hung Hu, Petitioner v. Robert Morgan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6125. Enrique Borges, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6133. George A. Hayes, Petitioner u Roadway Express, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6138. Zebedee Milby, Petitioner v. North Carolina Depart- ment of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6141. Lawrence Barron, Petitioner v. James Aiken, Warden,

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

No. 84-6143. Charles E. Greene, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6148. Yaphet Kareem Jamal, Petitioner v. James Greer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6149. Robert Reginald Estrada, Petitioner v. J. Barton Phelps, et al. Petition for writ of certiorari to the United States Court 496 MONDAY, MAKCH 18, 1985 of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6152. Judith Friedman, Petitioner u Margaret M. Heckler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6192. Reinaldo S. Bertulfo, Petitioner u Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6197. Richard Anthony Lee, Petitioner u United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6200. Fred Roberts, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6202. Rudolph Copeland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6203. Dana F. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No, 84-6204. John Larry Ray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6209. Robert Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6214. William Bush, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, MARCH 18, 1985 497

No. 84-6215. Daniel Bonnetts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6217. Stanley Martell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6218. Theodore Buchwald, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6219. Donald E. Gates, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6220. Glenn H. Banks, Petitioner v. Danny Vasquez, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6228. Gerald M. Schaflander and Stephen M. Wright, Peti- tioners V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6229. Michael Gibson North, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6232. Charles C. Jardina, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6237. William Howard Malone, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6247. Brett C. Kimberlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 498 MONDAY, MARCH 18, 1985

No. 84-6248. Ernest Vickers, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

Noo 84-6260. Francisco Buide-Gomez, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6273. Joseph L. Mullins, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6493. John Buford Irving, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dis- senting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition. No. 84-6051. Stanley Edward Allen, Petitioner u Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6170. Jess James Gillies, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-826. Louie L. Wainwright, Director, Florida Department of

Corrections, Petitioner v. Oscar Brown Boykins, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-839, Ralph Kemp, Warden, Petitioner v. Eddie Spraggins. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-875. Arizona Public Service Company, et al.. Petitioners v. Salt River Pima-Maricopa Indian Community. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, MARCH 18, 1985 499

No. 84-939. Japan Air Lines Co., Ltd., Petitioner v. Stanley Abramson. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1002. United Telecommunications, Inc., et al.. Petitioners v. Dale E. Saffels, United States District Judge for the District of Kansas. The motion of Chamber of Commerce of the United States 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 Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition.

No. 84-1166. Malcohn D. Weiss, Petitioner v. York Hospital, et al.; and

No. 84-1187. Medical and Dental Staff of York Hospital, Petitioner v. Malcolm Weiss. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Blackmun and Justice Powell took no part in the consideration or decision of these petitions.

No. 84-5548. Larry Raymond Smith, Petitioner v. Arnold R. Jago, Superintendent, London Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice White with whom The Chief Jus- tice and Justice Brennan join. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5716. Carl Lee Linell, Sr., Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice Brennan and Justice Marshall would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5736. Derrick Quinton White, Petitioner v. Maryland. The petition for a writ of certiorari to the Court of Appeals of Maryland denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5770. Henry Daniel Stull, Jr., Petitioner v. United States. The petition for a writ of certiorari to the United States Court of Appeals for the Sixth Circuit and other reUef denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6089. Arthur Jones, Petitioner v. Alabama. The petition for a writ of certiorari to the Supreme Court of Alabama denied. Dissenting 500 MONDAY, MARCH 18, 1985 opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the consideration or decision of this petition.

No, 84-6316. Jesse de la Rosa, Petitioner u Texas. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Justice Marshall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amend- ments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant the application for stay, the petition for writ of certiorari and vacate the death sentence in this case. Justice Powell took no part in the consideration or decision of this application and this petition.

Common Law Certiorari Denied

No. 84-5543. In Re Orlando H. Johnson, Jr. , Petitioner. The petition for writ of common law certiorari denied. Justice Powell took no part in the consideration or decision of this petition. Mandamus Denied

No. 84-1282. In Re Victor E. Murgo, Petitioner. The petition for a writ of mandamus and/or prohibition is denied. Justice Powell took no part in the consideration or decision of this petition.

Prohibition Denied

No. 84-1312. In Re Patricia S. Kaczmarek, Petitioner. The petition for writ of prohibition is denied. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 83-1153. Mills Music, Inc., Petitioner u Marie Snyder and Ted Snyder, Jr., etc.; No. 83-1378. Ralph W. Evitts, Superintendent, Blackburn Correc- tional Complex and David L. Armstrong, Attorney General, Petition- ers V. Keith E. Lucey;

No. 84-452. Larry Weldon Todd, Petitioner v. United States;

No. 84-820. Earlene Polyak, Petitioner v. Frank Hulen and Wilma Lesnansky;

No. 84-5798. Albert William Demoran, Petitioner v. California; No. 84-5848. In Re Melvin Leroy Tyler, Petitioner; and MONDAY, MARCH 18, 1985 501

No. 84-5921. Dalton Loyd Williams, Petitioner u Raymond K. Procunier, Director, Texas Department of Corrections. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Alan Jay Ackerman Alexandria, VA Kenneth Braunstein Ralph Edwin Allen Tyler, TX Lemuel Conner Hutchins Jeffrey Lee Amestoy Waterbury, VT Brian L. Burgess Robert Charles Anderson Fairbanks, AK Hugh Hayden Connelly Mark Arthur Appleton Aledo, IL Thomas R. Appleton Scott Russell Bamett San Diego, CA Judy Clare Clarke John W. Batchan Jr. Houston, TX Andrew L. Jefferson Jr. Thomas E. Bauer St. Louis, MO Charles R. Oldham Barry Lawrence Bellovin Tucson, AZ Barbara E. Fisher Nicholas J. Bertschy Peoria, IL William J. Voelker Jr. Marshall Jay Besikof Minneapolis, MN Robert A. Stein James D. Blount Jr. Raleigh, NC John H. Anderson Jr.

Stuart Joseph Bobrow Chicago, IL Sheldon S. Gomberg Jeffrey A. Bronster Brooklyn, NY Edgar N. Fox III David Michael Brown Atlanta, GA Harold L. Russell Sidney DeWayne Brown Edmond, OK Walter Danny Murdock Donald Kenneth Brown Jr. Paducah, KY Michael P. Penick Robert M. Cassel San Francisco, CA Alexander Koret Abraham Lat J. Celmins Phoenix, AZ Donald A. WaU C. Bradley Chinn Spokane, WA David Adam Saraceno 502 MONDAY, MARCH 18, 1985

Applicant City and State Movant

Jeffrey William Cole Anchorage, AK David Mannheimer Wanda Rubianes Collazo San Juan, PR Daniel F. Lopez- Romo Daniel Scott Coolidge Manchester, NH W. Michael Dunn Beth Gladden Coulson Perryville, AR Herby Branscum Jr. David M. Crane Alexandria, VA John A. Mintz William M. Cunningham Jr. Mobile, AL Robert Craig Campbell III William Peter Daley San Diego, CA Thomas Earl Mullins Stephen Jeffrey Davidson Minneapolis, MN Sidney Barrows David Harrison Davies Kirtland, OH Robert Stephen Rosplock H. Edward DeBee III Oklahoma City, James E. Work OK Wm. Rodney DeVilliers Jr. Oklahoma City, James R. OK Eagleton W. Rodney DeVilliers Sr. Oklahoma City, James R. OK Eagleton James C. Diracles Minneapolis, MN AEen D. Barnard Joyce M. Dombourian New Orleans, LA William M. Lucas Jr. John Turner Donelan Alexandria, VA Francis M. Shea Militza Durovic Washington, DC James Edward Kenkel Roger C. Dyer Santa Ana, CA Douglas W. Richardson Robert W. Dygert Minneapolis, MN Robert A. Stein Jack East III Little Rock, AR Bruce T. Bullion Bruce Rea Elworthy Carmel, CA Keith Fogus Sparks Louis G. Fazzi Claremont, CA Leonard Sacks James Patrick Fenton Fort Wayne, IN Charles W. McNagny Francis Snead Ferguson Richmond, VA James E. Kulp James M. Fischer Los Angeles, CA Herbert TuUgren Krimmel MONDAY, MARCH 18, 1985 503

Applicant City and State Movant

George L. Fitzgerald Charlotte, NC Hugh G. Casey Jr. Michael L. Foreman Pittsburgh, PA Edward Lowell Korwek Evan Phillip Freed Los Angeles, CA Roger Jon Diamond Anthony John Gambardella Richmond, VA Elizabeth B. Lacy Jr. Paul A. Gargano Cambridge, MA Paul F. Hennessey C. William Garratt Bloomfield Hills, Leonard S. MI Janofsky Roy R. Gean III Fort Smith, AR Roy R. Gean Jr. Ronald S. Granberg Salinas, CA Jonathan Richard Price Wayne F. Green Philadelphia, PA William J. Weber Jr. John Michael Grenfell San Francisco, CA Vaughn R. Walker Nils Frederick Grossman Minneapolis, MN Robert A. Stein Barbara Gayle Ely Heptig Fort Worth, TX Judge Eldon B. Mahon Amulfo Hernandez Jr. Sacramento, CA Samuel Lloyd Jackson David E. High Nashville, TN Dan Garfinkle William J. Hooy Concord, CA William L. Knecht Brien Purcell Horan Paris, France, Abraham Ribicoff James Michael Horsley Prattville, AL Charles Allen Graddick Robert Lewis House Salinas, CA Jonathan Richard Price Steven George Janik Cleveland, OH Ronald H. Isroff Michael L. Jensen San Diego, CA John David Collins Barbara J. Johnson Washington, DC Karen 1. Ward Robert Isaac Kantowitz New York, NY Judge Leonard I. Garth Man N. Karlin Morgantown, WV Franklin D. Cleckley Steven Harold Kaufinann Los Angeles, CA Norman Gregory Taylor 504 MONDAY, MARCH 18, 1985

Applicant City and State Movant

Kathi Kettell Kesselman Fresno, CA Barbara Ellen Karshmer Patrick M. Kinnally Aurora, IL WilHam C. Murphy S. Craig Kiser Tallahassee, FL Gerald A. Lewis Richard B. Klibaner Wellesley, MA Jamie Ann Sabino Debra Elyse Klugman New York, NY Nicholas Theodore Diakow Robert M. Kraft Seattle, WA Paul Nelson Daigle C. WiUiam Kraft III Denver, CO David R. Brougham Ernest C. Lafollette Fairfield, CT Colin Edwin Ingham MichaelJ. Lancaster Santa Ana, CA Douglas W. Richardson Luisa Lillian Lancetti Washington, DC Robert Whitney Barker Stanley W. Landfair Washington, DC Kenneth Ward Weinstein Clinton Winfield Lanier Vero Beach, FL Michael Joseph Hanley Salvatore A. Lavorato Salinas, CA Jonathan Richard Price Lowell LeRoy LaSalle Carthage, TX Joseph Earl Jackson Susanne Marie Lee Washington, DC Vicki Lee Schulkin G. Thomas Leonard Fullerton, CA William Anthony Dolan Janet I. Levine Los Angeles, CA Alvin S. Michaelson Judah Lifschitz Washington, DC Morris Lifschitz Stan L. Linker Salinas, CA Jonathan Richard Price Catherine A. S. Lyons San Francisco, CA Robert Allen Seligson Vivian L. Madison New Orleans, LA Stewart E. Niles Jr. MONDAY, MARCH 18, 1985 505

Applicant City and State Movant

Anne Bradley Marshall Carmel, CA Keith Fogus Sparks Loren Dale Martin Salt Lake City, Orrin G. Hatch UT Michael Ralph McCarty Granite City, IL Albert Abraham Reed Jami Wintz McKeon Philadelphia, PA Raymond T. CuUen Alexander Bryant Enid, OK David Luther McNaughton Woodward Leigh Baker Meineke Houston, TX Ronald R. Niehaus Samuel Pyeatt Menefee New Orleans, LA John Norton Moore Constance Loma Messore Barrington, RI Jeremiah S. Jeremiah Jr. Jonathan W. Miller New York, NY Robert C. Myers Steven C. Moore Boulder, CO Jeanne S. Whiteing James S. Morris New York, NY Donald Phillips Parson Robert James Morris Jr. Tampa, FL Emmett Abdoney Carl Bruce Morstadt III Tallahassee, FL Gerald A. Lewis Peter F. Musielski Tustin, CA Naveed Alam Glenn D. Nelson Los Angeles, CA Eddie R. Island John Thomas Nugent Southington, CT Arnold Bernard Abrams William W. Ogden Houston, TX Howard Boyd Joan E. Partritz Los Angeles, CA John F. Parker Charles Pereyra-Suarez Los Angeles, CA Georgina Torres Rizk Steven Lee Perry Stuart, FL Lawrence Evans Crary III Stephen J. Peters Indianapolis, IN H. William Irwin Dale J. Petit Hester, LA John L. Peytavin Gerald William Pierce Fort Myers, FL James A. Franklin Jr. Charles Cotesworth Birmingham, AL William G. Pinckney Somerville Jr. 506 MONDAY, MARCH 18, 1985

Applicant City and State Movant

Calder Finney Pinkston Macon, GA Manley F. Brown Gregory A. Pope Lockport, NY Gerald Stephen Sacca Michael S. Press New York, NY Donald Phillips Parson Maura Katherine Quinlan Chicago, IL Kenneth Francis Ripple James Clifton Rawls Atlanta, GA Frank Love Jr. Bernard Joseph Rhodes Kansas City, MO William Russell Welsh Barry Douglas Roseman Denver, CO Sander Neil Karp Robert Norman Rosenberg East Lansing, MI Louis J. Caruso Stephen Ashford Rowe Birmingham, AL Ormond Somerville Jeffrey L Rubin Lawrenceville, NJ William J. Bigham Brian David Saunders Washington, DC John Beadle Holt Michael F. Schumacher Seattle, WA David F. Jurca Gary Steven Schwab Peoria, IL Bradford B. Ingram Steven C. Scudder Rockford, IL Donald Lewis Moore Richard A. Shannon Austin, TX Franklin Ace Pickens William C. Shockey Baton Rouge, LA James S. Holliday Jr. John Edward Simmons Minden, NM Owen L. Anderson Randall Curtis Smith Washington, DC Charles H. Fleischer Kenney Ross St. Clair Mount Vernon, Carl Thomas WA Moser Kathleen Ellen Surgalla Buffalo, NY Lewis Alan Golinker

William I. Sussman New York, NY Wayne Alan Cross Stephen John Teifeyan Chesapeake, VA Michael Lewis Rigsby Brian Earle Thiede Jackson, MI Bruce A. Salzburg Nino V. Tinari Philadelphia, PA Robert F. Simone MONDAY, MARCH 18, 1985 507

Applicant City and State Movant

Brian William Toman Sacramento, CA Timothy W. Boyer F. Robert Troll Jr. Bethesda, MD Worthington Heaton Talcott Jr. Bradley Dale Tubin Los Angeles, CA Dennis Henry Devermont Robert Martin Underwood Carthage, TX Joseph Earl Jackson Alan L. VerPlanck Fort Wayne, IN Charles W. McNagny Martha Curtis Warner Stuart, FL Larry Alan Klein Kevin "D" Watley Norman, OK Richard Frank McDivitt Mark Victor Webber Cleveland, OH Bernard S. Goldfarb William L. Webster Jefferson City, John M. Morris MO III Daniel Avram Weiss Miami, FL Robert Anthony Ginsburg Vera Alicia Weisz Los Angeles, CA Linton Joaquin Larry Francis Whitham Indianapolis, IN Mark Eugene Dall Bruce B. Whitman Cincinnati, OH Leonard Green Stephen Phillip Williams Greenville, SC William Isaac Diggs Harry Lloyd Williams Jr. Belle, MO William Patrick Heaston Thomas R. Winquist Grand Rapids, MI Harold S. Sawyer

George F. Woodliff III Jackson, MS Kenneth I. Franks Timothy Stephen Wright Chesapeake, VA John W. Brown James Lawrence Yacavone Clearwater, FL James C. III Hadaway

Opinions

No. 83-1032. Federal Election Commission, Appellant v. National

Conservative Political Action Committee, et al.; and

No. 83-1122. Democratic Party of the United States and Democratic

National Committee, Appellants v. National Conservative Political 508 UOKDAY, MARCH 18, 1985

Action Committee and Fund for a Conservative Majority. Appeals from the United States District Court for the Eastern District of Pennsylva- nia. Judgment affirmed as to the constitutionality of 26 U. S. C. 9012(f), reversed on the issue of the Democrats' standing, and cases remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehn- quist. Opinion by Justice Stevens concurring in part and dissenting in part. Dissenting opinion by Justice White with whom Justice Brennan

and Justice Marshall join as to Part I. Dissenting opinion by Justice Marshall.

No. 83-1492. National Railroad Passenger Corporation, Appellant v.

Atchison, Topeka and Santa Fe Railway Company, et al.; and

No. 83-1633. Atchison, Topeka and Santa Fe Railway Company,

et al., Appellants v. National Railroad Passenger Corporation. Appeals from the United States Court of Appeals for the Seventh Circuit. Judg- ment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Justice Powell took no part in the consideration or decision of these cases.

No. 83-728. Herb's Welding, Inc., et al.. Petitioners v. Robert H.

Gray, Jr., 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 White. Dissenting opinion by Justice Marshall with whom Justice Brennan, Justice Blackmun, and Justice O'Connor join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Dierdre Ann Burgman New York, NY Hugh Nevin Fryer Ruth A. Luckasson Albuquerque, NM James W. Ellis Aaron D. Maslow Brooklyn, NY Abraham Shalo Wendell Hugh Overcash Tucson, AZ William Hugh Overcash Thomas Kent Wolf Tualatin, OR Dana Dee Biehl Diana G. Shisk Austin, TX Renea Hicks MONDAY, MARCH 18, 1985 509

Applicant City and State Movant

Catherine Dayle Bebee Austin, TX Renea Hicks William Davis Broadhurst Roanoke, VA Joseph Buford Thompkins Jr. Charles Nealson Dorsey Roanoke, VA Joseph Buford Thompkins Jr. Broaddus Chewning Roanoke, VA Joseph Buford Fitzpatrick Thompkins Jr.

Oral Arguments

No. 83-2143. Tennessee, Petitioner v. Harvey J. Street. Argued by Mr. Robert A. Grunow for the petitioner, by Mr. Joshua Ira Schwartz for the United States as amicus curiae supporting the petitioner, by special leave of Court, and by Mr. Lance J. Rogers for the respondent.

No. 84-468. City of Cleburne, Texas, et al.. Petitioners v. Cleburne

Living Center, et al. Argued by Mr. Earl Luna for the petitioners and by Mr. Renea Hicks for the respondents. No. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri

Board of Probation and Parole, Petitioners v. Nicholas J. Romano. Ar- gued by Mr. John M. Morris, III, for the petitioners and by Mr. Jordan B. Cherrick for the respondent.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and

No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioners Mitsubishi Motors Corporation. Argued by Mr. Wayne Alan Cross for Mitsubishi Motors Corporation, Mr. Benjamin Rodriguez-Ramon for Soler Chrys- ler-Plymouth, Inc., and by Mr. Jerrold Joseph Ganzfried for the United States as amicus curiae supporting Soler Chrysler, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) TUESDAY, MARCH 19, 1985 511 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-2064. William J. Bennett, Secretary of Education, Petitioner

V. New Jersey. 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 O'Connor. Dissenting opinion by Justice Stevens with whom Justice Marshall joins. Justice Powell took no part in the decision of this case.

No. 83-1798. William J. Bennett, Secretary of Education, Petitioner

V. Kentucky Department of Education. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice

O'Connor. Justice White and Justice Blackmun join only in Parts I, II, IV, and V of this opinion. Justice Powell took no part in the decision of this petition.

No. 83-1620. First National Bank of Atlanta, etc., Appellant v. Bartow County Board of Tax Assessors, et al. On writ of certiorari to the Supreme Court of Georgia. Judgment affirmed. Opinion by Justice Blackmun.

No. 83-1362. Cleveland Board of Education, Petitioner v. James Loudermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v. Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of Education, et al. On writs of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Opinion by Justice Marshall concurring in Part II and concurring in the judgment. Opinion by Justice Brennan concurring in part and dissenting in part. Dissent- ing opinion by Justice Rehnquist. 512 TUESDAY, MARCH 19, 1985

No. 83-1623. Phyllis A. Anderson, Petitioner v. City of Bessemer City, North Carolina. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Powell. Opinion by Justice Blackmun concurring in the judgment.

No. 83-1292. David Alan Wayte, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Powell announced by the Chief Justice. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

Oral Arguments

No. 84-592. Norman Williams and Susan Levine, Appellants v. Ver- mont, et al. Argued by Mr. Norman Charles Williams for the appellants and by Mr. Andrew M. Eschen for the appellees.

No. 84-5059. Patrick Ramirez, Petitioner v, Indiana. Argued by Mr. Kenneth Francis Ripple for the petitioner and by Mr. William Earl Daily for the respondent.

No. 84-5108. Frank Liparota, Petitioner v. United States. Argued by Mr. William Thomas Huyck for the petitioner and by Mr. Charles A. Rothfeld for the respondent, pro hac vicCy by special leave of Court.

No. 84-261. Commodity Futures Trading Commission, Petitioner v. Gary Weintraub, et al. Argued by Mr. Bruce N. Kuhlik for the petitioner, pro hac vice, by special leave of Court, and by Mr. David A. Epstein for the respondents.

Adjourned until tomorrow at 10 o'clock. X

No. A-705. John Young, Applicant v. Ralph Kemp, Warden. The application for stay of execution of the sentence of death scheduled for Wednesday, March 20, 1985, presented to Justice Rehnquist and by him referred to the Court is denied. Dissenting opinion by Justice Bren- nan with whom Justice Marshall joins. Justice Stevens would grant the application. Justice Powell took no part in the consideration or decision of this application. (JOURNAL) WEDNESDAY, MARCH 20, 1985 513 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. Opinions No. 83-1878. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Larry Leon Chaney, et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Justice Brennan. Opinion by Justice Marshall concurring in the judgment.

No. 83-6766. Joe Hayes, Petitioner v. Florida. On writ of certiorari to the District Court of Appeal of Florida, Second District. Judgment reversed and case remanded to the District Couit of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall joins. Justice Blackmun concurs in the judgment. Justice Powell took no part in the decision of this case.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Man- agement. 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 Brennan. Dissenting opinion by Jus- tice White with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join.

No. 83-703. Florida Power & Light Company, Petitioner v. Joette Lorion, etc., et al.; and No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al. On writs of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Dissenting opinion by Justice Stevens. No. 83-1334. Andrew J. Winston, Sheriff and Aubrey M. Davis, Jr., Petitioners v. Rudolph Lee, Jr. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Brennan. Concurring opinion by the Chief Justice. 514 WEDNESDAY, MARCH 20, 1985

No. 83-529. United States, Petitioner v. William Harris Sharpe and Donald Davis Savage. 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. Concurring opinion by Justice Blackmun. Opinion by Justice Marshall concurring in the judgment. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Stevens.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

P. Randall Knece Circieville, OH Thomas E. Mooney Michael Gerard Comeau Baltimore, MD William Collins Brennan Jr. John F. Shay Jr. Upper Marlboro, William Collins MD Brennan Jr.

Oral Arguments

No. 84-48. United States, Petitioner v, Hughes Anderson Bagley. Argued by Mr. David A. Strauss for the petitioner and by Mr. Thomas W. Hillier, II, for the respondent.

No. 83-2126. Oklahoma, Petitioner v. Timothy R. Castleberry and Nicholas Raineri. Argued by Mr. David William Lee for the petitioner and by Mr. Charles Foster Cox for the respondents.

No. 84-476. Robert McDonald, Petitioner v. David I. Smith. Argued by Mr. Bruce James Ennis, Jr., for the petitioner and by Mr. William A. Eagles for the respondent. No. 83-2032, Immigration and Naturalization Service, Petitioner u Bernardo Rios-Pineda and Estamilada Rios-Pineda De Rios. Argued by Mr. Alan Ira Horowitz for the petitioner and by Mr. Lawrence H. Rudnick for the respondents.

Adjourned until Monday, March 25, 1985 at 10 o'clock. X (JOURNAL) MONDAY, MARCH 25, 1985 515 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Todays orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1868. John E. White, Appellant v. Dougherty County Board

of Education, et al. Appeal from the United States District Court for the Middle District of Georgia. The judgment is affirmed. Justice Black- mun and Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case. No. 84-18. Florence Talamini, Administratrix of Estate of John A.

Talamini, Appellant v. Allstate Insurance Company. Appeal from the United States Court of Appeals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Concurring opinion by The Chief Justice, with whom Justice Rehnquist and Justice O'Connor join. Concurring opinion by Justice Stevens, with whom Justice Brennan, Justice Marehall and Justice Blackmun join. Justice White, believing that there is no final judgment to review, would dismiss for want of jurisdiction. Justice Powell took no part in the consideration or decision of this case.

No. 84-337. Owen W. Crumpacker, Appellant v. Indiana Supreme Court Disciplinary Commission. Appeal from the Supreme Court of Indiana. The appeal is dismissed for want of a substantial federal question. Concurring opinion by The Chief Justice. Justice Powell took no part in the consideration or decision of this case.

No. 84-1082. Oppenheimer & Co., Inc., Appellant v. Marcia A. Young. Appeal from the Supreme Court of Florida. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of Dean Witter Reynolds Inc, v. Byrd, 470 U. S, (1985). Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case. 516 MONDAY, MARCH 25, 1985

No. 84-1155. Westinghouse Electric Company, Appellant v. John K. King, Commissioner of Revenue of Tennessee. Appeal from the Su- preme Court of Tennessee, Eastern Division. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-1303. Caddo Parish School Board, Appellant v. Margaret

Smith Bryan, et al. Appeal from the Court of Appeal of Louisiana, Second Circuit. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-6164. William Rider, Appellant v. Florida. Appeal from the District Court of Appeal of Florida, Third District. The appeal is dismissed for want of a substantial federal question. Justice Powell took no part in the consideration or decision of this case.

No. 84-1176. Consolidated Edison Company of New York, Inc., Ap- pellant u Public Service Commission of New York, et al. Appeal from the Court of Appeals of New York. The motion of Edison Electric Insti- tute for leave to file a brief as amicus curiae is granted. The request of counsel for appellant to delete Brooklyn Union Gas Company as a party to these proceedings is denied. The appeal is dismissed for want of a substantial federal question. Dissenting opinion by Justice White with whom Justice Blackmun joins. Justice Powell took no part in the consideration or decision of this motion and this case.

No. 84-1293. Harry Leroy Kelley, Appellant v. Texas Real Estate Commission. Appeal from the Court of Appeals of Texas, Fourteenth

Supreme Judicial District. The appeal is dismissed for want of jurisdiction. Justice Powell took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 83-2101. Howard A. Daniel, Petitioner v. Office of Personnel Management. On petition for writ of certiorari to the United States Court of Appeals for the Federal 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 Federal Circuit for further consideration in light of Lindahl v. Office of Personnel Managementy 470 U. S. (1985). Justice Powell took no part in the consideration or decision of this case. MONDAY, MARCH 25, 1985 517

No. 83-6034. Sally R. Swanson, Petitioner v. Office of Personnel

Management, et ai. On petition for writ of certiorari to the United States Court of Appeals for the Federal 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 Federal Circuit for further consideration in light of Lindahl v. Office of Personnel Management^ 470 U. S. (1985). Justice Powell took no part in the consideration or decision of this case.

No. 83-6093. Charles M. Gates, Petitioner v. U. S. Postal Service. On petition for writ of certiorari to the United States Court of Appeals for the Federal 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 Federal Circuit for further consideration in

light of Lindahl v. Office of Personnel Management , 470 U. S. (1985). Justice Powell took no part in the consideration or decision of this case.

No. 83-6440. Clinton Smith, Petitioner v. Office of Personnel Man- agement. On petition for writ of certiorari to the United States Court of Appeals for the Federal 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 Federal Circuit for further consideration in light of Lindahl v. Of/ice of Personnel Management, 470 U. S. (1985). Justice Powell took no part in the consideration or decision of this case.

No. 83-7032. Jerome Bowden, Petitioner v. Robert Francis, War- den. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further

consideration in light of Ake v, Oklahoma, 470 U. S. (1985). Dis- senting opinion by Justice O'Connor, with whom Justice White and Justice Rehnquist join. Justice Powell took no part in the consideration or decision of this case.

No. 84-244. Florida, Petitioner v. Jeffrey Nease, etc. On petition for writ of certiorari to the District Court of Appeal of Florida, Fourth 518 MONDAY, xMARCH 25, 1985

District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the District Court of Appeal of

Florida, Fourth District, for further consideration in light of Florida v. Rodriguez, 469 U. S. (1984). Justice Powell took no part in the consideration or decision of this case.

Orders in Pending Cases

No. . Thomas Lynn, Petitioner v. Illinois. The motion to direct the Clerk to file a petition for writ of certiorari without the affidavit of indigency executed by petitioner is denied. Justice Powell took no part in the consideration or decision of this motion.

No. A-695. Michael Drape, Applicant v. United States. The application to recall and stay pending timely filing of a petition for writ of certiorari addressed to Justice White and referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application. No. D-452. In the Matter of Disbarment of Morton Roy Shankman. Disbarment order entered. No. D-454. In the Matter of Disbarment of Robert Edward West. Disbarment order entered.

No. D-461. In the Matter of Disbarment of Marvin J. Powers. Dis- barment order entered. No. D-468. In the Matter of Disbarment of Lawrence James DiAngelus. Disbarment order entered. No. D-469. In the Matter of Disbarment of Warren Douglas Uter- mahlen. Disbarment order entered. No. D-484. In the Matter of Disbarment of James Edward WoUrab. It is ordered that James Edward WoUrab, 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-485. In the Matter of Disbarment of Alex Gerhart Logan, III. It is ordered that Alex Gerhart Logan, III, of Tustin, 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-486. In the Matter of Disbarment of Leonard Adolph Delk. It is ordered that Leonard Adolph Delk, of San Diego, CaHfomia, be MONDAY, MARCH 25, 1985 519 suspended from the practice of law in this Court and that a rule issue, 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-487. In the Matter of Disbarment of Irving Tabman. It is ordered that Irving Tabman, of Island Park, 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. 83-1894. Pattern Makers' League of North America, AFL-CIO, et al. , Petitioners v. National Labor Relations Board, et al. This case is restored to the calendar for reargument. Justice Powell took no part in the consideration or decision of this order.

No. 83-2161. Montana, et al. Petitioners v. Blackfeet Tribe of Indians. This case is restored to the calendar for reargument. Justice Powell took no part in the consideration or decision of this order.

No. 84-9. Massachusetts Mutual Life Insurance Company, et al..

Petitioners v. Doris Russell. This case is restored to the calendar for reargument. Justice Powell took no part in the consideration or decision of this order.

No. 84-435. Robert Russell, Petitioner v. United States. The motion of the Solicitor General to permit Christopher J. Wright, Esquire, to present oral argument pro hac vice is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-518. Robert W. Johnson, et al.. Petitioners v. Mayor and City Council of Baltimore, et al.; and No. 84-710. Equal Employment Opportunity Commission, Petitioner

V. Mayor and City Council of Baltimore, et al. The motion of the Solici- tor General for divided argument is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-786. Maine, Petitioner v. Perley Moulton, Jr. The motion for appointment of counsel is granted and it is ordered that Anthony Whitcomb Beardsley, Esq., of Ellsworth, Maine, is appointed to serve as counsel for the respondent in this case. Justice Powell took no part in the consideration or decision of this motion.

No. 84-801. Midlantic National Bank, Petitioner v. New Jersey Department of Environmental Protection; and

Corporation, Debtor, Petitioner v. New Jersey Department of Envi- ronmental Protection. The motion of the parties to dispense with printing the joint appendix is granted. Justice Powell took no part in the consideration or decision of this motion. No. 84-822. American National Bank and Trust Company of Chi- cago, et al. Petitioners v. Haroco, Inc., et al The motion of petitioners to dispense with printing the joint appendix is granted. Justice Powell took no part in the consideration or decision of this motion.

No. 84-5636. Leon Alcorn, Petitioner v. Steve Smith, Warden. The motion for appointment of counsel is granted and it is ordered that Mary Gail Robinson, Esq., of Frankfort, Kentucky, is appointed to serve as counsel for the petitioner in this case. Justice Powell took no part in the consideration or decision of this motion.

Appeals—Jurisdiction Noted

No. 84-1044. Pacific Gas and Electric Company, Appellant v. Public Utilities Commission of CaUfomia, et al Appeal from the Supreme Court of CaHfomia. In this case probable jurisdiction is noted. Justice Blackmun and Justice Powell took no part in the consideration or decision of this case. No. 84-1076. Transcontinental Gas Pipe Line Corporation, Appellant

V. State Oil and Gas Board of Mississippi and Coastal Exploration, Inc., et al. Appeal from the Supreme Court of Mississippi. In this case probable jurisdiction is noted. Justice Powell took no part in the consideration or decision of this case.

No. 84-1244. Susan J. Davis, et al.. Appellants v. Irwin C. Bandemer, et al. Appeal from the United States District Court for the Southern District of Indiana. The motion of appellees to strike the brief of Members of the California Democratic Congressional Delegation as amicus curiae is denied. In this case probable jurisdiction is noted. Justice Powell took no part in the consideration or decision of this motion and this case.

Certiorari Granted

No. 84-1240. Lake Coal Company, Inc., Petitioner v. Roberts & Schaefer Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1273. Regents of the University of Michigan, Petitioner v. Scott E. Ewing. Petition for writ of certiorari to the United States

I MONDAY, MARCH 25, 1985 521

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

Certiorari Denied

No. 83-1275. Oregon Department of Commerce, Petitioner v. Tommy G. Payne. Petition for writ of certiorari to the Court of Appeals of Oregon denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-1629. Lula B. Miller, Petitioner v. Mercy Hospital, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-808. Nevada, et al.. Petitioners v. Donald P. Hodel, Secre- tary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-944. Louis Heimbach, etc.. Petitioner v. Roderick Chu, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-950. Freddie Myers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-988. City of New York Municipal Broadcasting System

(WNYC), Petitioner v. Federal Communications Commission and WCCO Radio, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1058. Office and Professional Employees International

Union, AFL-CIO, et al., Petitioners, v, W. Eugene Bowman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1139. Charles D. Brennan, et al., Petitioners v. Tina Hobson, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1204. W. W. Mims, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for MONDAY, MARCH 25, 1985 the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1217. Sterling Drug, Inc., Petitioner v. Federal Trade Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1219. Adam Klimek, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1221. Rollform Incorporated and George Adams, Petitioners

V. Roger Neil Weinar and National Gypsum. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No.. 84-1226. Robert E. Badham, et al., Petitioners v. Secretary of

State of the State of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 84-1228. Wanda Hohnes, et al.. Petitioners v. Edgar Newton Ross, Independent Executor of the Estate of Irvy Okes Ross, De- ceased. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh Supreme Judicial District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1246. Eric Dahlberg, Petitioners Carl F, Becker, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1251. Ohio, Petitioner v. Katherine Luck. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1254. Local Union No. 2812, Lumber, Production and Indus- trial Workers, Petitioner v. Missoula White Pine Sash Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1315. Steven Louis Capps, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, MARCH 25, 1985 523

No. 84-1318. Pipeline Local Union No. 38, Affiliated with the Labor- ers' International Union of North America, AFL-CIO, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1327. Carlos S. Soto and Robert Demallory, etc.. Petitioners u Walter J. Dickey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1331. Joseph J. Rodgers, Petitioner v. United States; and No. 84-1342. Sargent Electric Company, Frederic B. Sargent and

Ralph D. Vryenhoek, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 84-1333. Francesco Cutaia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1335. Jacob Shnurman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1337. Mandalay Shores Cooperative Housing Association,

Inc., et al., Petitioners v. Samuel R. Pierce, Jr., Secretary of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5195. Rickie Earn Bema, Petitioner v, Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5597. Eric J. Monaghan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5662. Mark Christopher Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. 524 MONDAY, MARCH 25, 1985

No. 84-5742. James Luther Galloway, Petitioner v. Harry L. Alls- brook, Superintendent, North Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-5904. John Robert Ballard, Petitioner u Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5951. Jake Keller Neal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5955. Clyde R. Goetz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6067. Michael P. James, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6144. Roy Anderson Day, Petitioner v. Amoco Chemicals Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6147. James A. McNeair, Petitioner v. Suburban Hospital Association, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6155. Bobby Hill, Petitioner v. State Bar of Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Powell took no part in the consideration or decision of this petition.

NOe 84-6157. Frank B. Moore, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6172. Lawrence G. Coker, Petitioner v. Douglas Williams, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6173. Bemie J. E. Dingle, Petitioner v. Calvin D. Simpkins, Administrator, etc. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice Powell took no part in the consider- • ation or decision of this petition. MONDAY, MARCH 25, 1985 525

No. 84-6175. John J. Sibiga, Sr., et ux., Petitioners v. Eugene Hettleman, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6180. Moses Currie, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6188. Jesus Hernandez Flores, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6193. Charles W. Klayer, Petitioner v, Avery Federal Sav- ings and Loan Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6201. Nellie Brodis, Petitioner v. Detroit Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6206. Floyd Stuckey, Petitioner u Superior Court of Califor- nia, County of Fresno (The People, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6207. Nathan Solomon, Petitioner v. David Harris, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6208. Howard E. Williams, Petitioner v. Southern Bell Tele- phone and Telegraph Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6225. Barry L. Provow, Petitioner v. Barry Mmtzes, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6243. Rolf Betka, Petitioner v. Margaret M. Heckler, Secre- tary of Health and Human Services. Petition for writ of certiorari to the 526 MONDAY, MARCH 25, 1985

United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6281. Harold R. Lott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6282. Ofelia Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6291. Jose Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6323. Richard Fabian, Petitioner v. Robert A. Ryan, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6330. William Dean Jaques, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6334. George Karabinas, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1047. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Dennis Wayne Smith. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Powell took no part in the consideration or decision of this motion and this petition. No. 84-1099. Southwest Security Equipment Corporation, Petitioner

V. National Labor Relations Board, et al. The motion of National Right to Work Legal Defense Foundation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice PoweU took no part in the consideration or decision of this motion and this petition.

No. 84-1110. 40 Eastco, Petitioner v. City of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second MONDAY, MARCH 25, 1985 527

Circuit denied. Justice Marshall and Justice Powell took no part in the consideration or decision of this petition.

No. 84-5870. Eddie William Finney, Petitioner v, Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6139. Dennis Wayne Smith, Petitioner v, Louie L. Wain- wright. Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6153. Robert Lacy Parker, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6255. James Dyral Briley, Petitioner v. Gary L. Bass, War- den. 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. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6275. Herbert Welcome, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall. Justice Powell took no part in the consideration or decision of this petition.

No. 84-5943. Donald Thomas, Petitioner v. Maryland. The petition for a writ of certiorari to the Court of Appeals of Maryland is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6174. Sherry Lynne Mitchell, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Brennan and Justice Marshall would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

Habeas Corpus Denied

No. 84-6315. In Re Jessie D. McDonald, Petitioner. Petition for writ of habeas corpus is denied. Justice Powell took no part in the consideration or decision of this petition. 528 MONDAY, MARCH 25, 1985 Mandamus Denied

No. 84-6168. In Re Albert H. Carter, Petitioner. Petition for writ of mandamus is denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-6179. In Re Jerome Strager, Petitioner. Petition for writ of mandamus is denied. Justice Powell took no part in the consideration or decision of this petition.

Rehearings Denied

No. 84-695. Gwendolyn L. King, etc., Appellant v. United States

District Court for the Central District of Califomia, et al. (Integrity Home Loan Co., Inc., et al.. Real Parties in Interest);

No. 84-5783. James E. Billiot, Petitioner v. Mississippi; and

No. 84-5901. Le'mard H. J. Chaney, Petitioner v. National Railroad Passenger Corporation. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Monday, April 1, 1985, until Mon- day, April 15, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Robert D. Anderson Encino, CA John G. Bonelli R. Marks Arnold Raleigh, NC John H. Anderson Jr. Stephen L. Babcock Washington, DC Reuben B. Robertson III Merl 0. Bams Little Rock, AR William Farrar Sherman Alan Martin Block Queens, NY Nicholas George Garaufis R. Mike Borland Midland, TX Mark Henry Dettman David F. Bragg Austin, TX John L. Hill Jr. A. P. Ted Calisi Brownsville, TX Judge Darrell B. Hester MONDAY, MAECH 25. 1985 529

Applicant City and State Movant

James Edward Carlon Pierre, SD Max Arthur Gors David Kalman Chazen Englewood, NJ Bernard Chazen David Wright Clark Jackson, MS Sherwood Willing Wise Terry J. Conigiio Long Beach, CA Charles Frederick Schill Robert Ewing Corlew III Murfreesboro, TN Dicken E. Kidwell Lois Ann CuUen White Plains, NY Anthony Joseph Servino Jordan Daniel Cunningham New Cumberland, Frank B. Boyle PA John Michael Degnan Minneapolis, MN Maclay Reed Hyde Maury S. Epner Washington, DC John W. Goode Jr. Jay N. Fastow New York, NY Martin S. Hyman Robert W. Fioretti Chicago, IL Robert R. Retke Patrick G. Geckle Philadelphia, PA Alan M. Feldman Stephen Fitch Gladstone Cleveland, OH William Hamilton Wallace Robert B. Gleichenhaus Buffalo, NY James V. Arcadi Robert Gochfeld New York, NY Michael David Friedman Marc A. Golden New York, NY EUen S. Oran James Watkins Haddock Lake Village, AR James Hohnes Haddock David Warren Hamilton San Francisco, CA Theodora Berger Janice E. Hardin St. Louis, MO Grover A. Perrigue III Joseph L. Hargrove Jr. Shreveport, LA Ray Allan Barlow Geoffrey C. Hazard Jr. New Haven, CT Burke Marshall Michael Hendryx Houston, TX L. Keith Slade David L. Herzer Lorain, OH William George Wickens Diane S. Hudachek Doylestown, PA Robert H. Yaroschuk Archer B. Hudson Jr. Lucerne Valley, Philip Joel Karlin CA John L. Jemigan Raleigh, NC John H. Anderson Jr. 530 MONDAY, MARCH 25, 1985

Applicant City and State Movant

Paul David Jones Atlanta GA Kirbv III John C. Kapsner Bismarck MD Nicholas .John Soaeth

Stephen E. Keister Van Wert OH Donald #T Johnson Scott Porteous Kenney Columbus OH David Clark Stebbins Richard Marshall Kilmer FlHmonds ^VA AllpTi H SanHpT^

Donna Guinn Klein Mpw OTipans LA Arthur .T Waechter Jr. Alan Kriegel Rrthprt Stprjhpn Bpnnptt Michael William Knmihol Davton OH DaviH n rrrppT"

T iivin cT^f (\t\ Ellen B. Kulka J.J1 V iil^SCUIl^ l^vM-T William W T?ohprtsnn David Michael Kupfer ManHpl

Cornelius T. Lane Jr. St Louis MO F'"rank .7 Tjahpv

(IXJr•

William B. Leahy Vt iilifiUIl XxtfulJxltUIl Wallacp Marvin Eugene Levin

James Stewart Lewis Jr. urianaO; r ij iLmerson Xvicnaruson lilUIxipoUIl UX

Michael A. Lombard L/Ovmgxon, LiA ocolx iiiric oUDert Jonathan D. Lowe AJin ArDor, ivii waae ii. ivicv^ree jr.

John Wallace Malley Jr. lYionLpeuer, v i crian Lj. JDurgess

Charles J. Marchese PUl IrilU^ ii i. (JcuIlcS V Ulwdlt

Michael David Marcus LiOS Angeies^ \jA, xvicnaru oimon Wpil

Robert Louis Martier v^nicago, iij X erry Ij. r uiier Guy R. Martin An/'finT^iTP ATT Robert F Bauer Karen McCoy San Antonio, TX Kathleen Geralyn O'ReiUy David Thomas McEachen Los Angeles, CA Daniel E. Lungren MONDAY, MARCH 25, 1988 531

Applicant iUw V CUiw

Salvador Medina De La San Juan, PR Otto Miguel Cruz Bustelo Garriga Terence L. Mundorf Everett, WA James H. Jones Jr. John 0. Murrin III Minneapolis, MN Douglas Carr Miller Thomas Dulaney Murry Tupelo, MS Fred M. Bush Jr, Patricia Ellen Neel Tulsa, OK Judge H. Dale Cook Steve D. Noecker Rawlins, WY John A. MacPherson Kathleen M. O'Connor Miami, FL Richard J. Thornton Brian Joseph O'Hara Chicago, IL Mark Hatlen Mennes Richard D. Panza Lorain, OH William George Wickens Ron J. Perey Seattle, WA James A. Smith Jr. Michael R. Pema Denver, CO Maxwell A. Miller A. Robert Pietrzak New York, NY James Brendan May Joseph Polizzotto New York, NY Gregory Scott Mertz Barbara Holley Reid Meridian, MS Walter Watlington Eppes Jr. Daniel S. Saevitz Boston, MA Daniel Givelber David S. Shaw Poughkeepsie, David Allen NY Kapelman LeRoy W. Sievers Lincobi, NB Terry Richardson Schaaf Gary Lynn Simms San Francisco, CA Donald E. Kelley Jr. Andrea Miles Simonton Miami, FL C. Hesterfield Harvey Smith Gary George Stanko Spartanburg, SC Thomas Alexander Evins 532 MONDAY, MARCH 25, 1985

Applicant City and State Movant

Rose Higby Staples Decatur, GA Paul Chapman Parker Mark D. Starr Lincoln, NB Melvin Kent Kammerlohr David C. Thomas Chicago, IL Shelvin Singer Richard Gordon Trotter Baltimore, MD Herbert Nelson Bernhardt Carol Leslie Wolchok Washington, DC Sidney S. Wolchok

Mr. Solicitor General Rex E. Lee said:

"Mr. Chief Justice, and may it please the Court, I have the honor to present to the Court the seventy-fifth Attorney General of the United States, the Honorable Edwin Meese, IIL"

The Chief Justice said:

"Mr. Attorney General, on behalf of the Court I welcome you as the chief law officer of the government and as an officer of this Court. We welcome you to the performance of the very important duties which will rest on you by virtue of your office. Your commission as Attorney Gen- eral of the United States will be placed in the records of the Court. We wish you well in your new office."

Admissions to the Bar on Oral Motions

Applicant City and State Movant

William J. Simon Phoenix, AZ Solicitor General Rex E. Lee Marjorie Musser Mikels Rancho Solicitor General Cucamonga, CA Rex E. Lee Jay Scott Bybee Washington, DC Solicitor General Rex E. Lee Annette C. Benedetto Boston, MA Barbara A. H. Smith Phyllis J. Broker Boston, MA Barbara A. H. Smith Ronald Byron Katz Baltimore, MD Neal S. Melnick MONDAY, MARCH 25, 1985 533

Applicant City and State Movant

Richard Michael Kind Baltimore, MD Neal S. Mebick Dianne Saulney Smith Miami, FL Irwin P. Stotzky Laurence Raymond Hollis Wichita, KS John S. Yodice Michael W, Dingle Boston, MA William D. Luzier Jr.

Oral Arguments

No. 83-1935. Tony and Susan Alamo Foundation, et al. , Petitioners

V. Secretary of Labor. Argued by Mr. Roy R. Gean, Jr., for the petitioners and by Mr. Charles Fried for the respondent. No. 84-438. Superintendent, Massachusetts Correctional Institution,

Walpole, Petitioner v. Gerald Hill and Joseph Crawford. Argued by Ms. Barbara A. H. Smith for the petitioner and by Ms. Jamie Ann Sabino for the respondents.

No. 84-5240. Marie Lucie Jean, et al.. Petitioners v. Alan Nelson,

Commissioner, Immigration and Naturalization Service, et al. Argued by Mr. Ira Jay Kurzban for the petitioners and by Mr. Solicitor General Rex E. Lee for the respondents. No. 84-351. Atascardero State Hospital and California Department of Mental Health, Petitioners v. Douglas James Scanlon. Argued by Mr. James E. Ryan for the petitioners and by Ms. Marilyn HoUe for the respondent.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) TUESDAY, MARCH 26, 1985 535 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-1274. Metropolitan Life Insurance Company, et al.. Appel-

lants V. W. G. Ward, Jr., et al. Appeal from the Supreme Court of Alabama. Judgment reversed and case remanded to the Supreme Court of Alabama for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell. Dissenting opinion by Justice O'Connor with whom Justice Brennan, Justice Marshall and Justice Rehnquist join.

No. 84-5004. Truman Lewis Ball, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment vacated and case remanded to the Court of Appeals with instructions to have the United States District Court for the West- em District of Virginia exercise its discretion to vacate one of the convictions. Opinion by the Chief Justice. Opinion by Justice Stevens concurring in the judgment. Justice Marshall concurs in the judgment. Justice Powell took no part in the decision of this case. No. 83-2030. Board of Education of the City of Oklahoma City, Okla- homa, Appellant v. National Gay Task Force. Appeal from the United States Court of Appeals for the Tenth Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Jus- tice. Justice Powell took no part in the decision of this case.

No. 83-6663. Charles Fugate, Petitioner v. New Mexico. On writ of certiorari to the Supreme Court of New Mexico. Judgment affirmed by an equally divided divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Anne Melinda Cohen Springfield, MA Judith S. Yogman John Lawrence Rivkin Hewlett, NY Leonard L. Rivkin Louis Buckner Jones Jr. Forrest City, AR Floyd Lee Williams Jr. 536 TUESDAY, MAECH 26, 1985

Oral Arguments

No. 84-433. School Committee of the Town of Burlington, Massachu- setts, et al., Petitioners v. Department of Education of the Common- wealth of Massachusetts, et al. Argued by Mr. David Herman for the petitioners, by Ms. Ellen L. Janos for the State respondent and by Mr. David W. Rosenberg for respondent Panico.

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K. Landreth, et al. Argued by Mr. James Linwood Quarles, III, for the petitioner and by Mr. James A. Smith, Jr., for the respondents.

No. 84-165. W. George Gould, Petitioner v. Max A. Ruefenacht, et al. Argued by Mr. Robert C. Epstein for the petitioner, by Mr. Peter Steven Pealman for the respondents, and by Mr. Daniel L. Goelzer for the Securities and Exchange Commission as amicus curiae in support of the respondents by special leave of Court. No. 84-497. Lee Me Thomas, Administrator, United States Environ- mental Protection Agency, Appellant v. Union Carbide Agricultural Products Co., et al. Argued by Mr. Lawrence Gerald Wallace for the appellant and by Mr. Kenneth Ward Weinstein for the appellees.

Adjourned until tomorrow at 10 o^clock. X (JOURNAL) WEDNESDAY, MARCH 27, 1985 537 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No, 82-1832. Town of Hallie, et al.. Petitioners v. City of Eau Claire. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Powell.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al..

Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell. Dissenting opinion by Justice Stevens with whom Justice White joins.

No. 83-1035. Tennessee, Appellant v. Cleamtee Gamer, etc., et al. Appeal from the United States Court of Appeals for the Sixth Circuit; and

No. 83-1070. Memphis Police Department, et al.. Petitioners u Cleamtee Gamer, etc., et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Rehnquist join. No. 84-16. Kenneth Cory, Leo T. McCarthy and Jesse R. Huff,

Appellants v. Westem Oil and Gas Association, et al. Appeal from the United States Court of Appeals for the Ninth Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

No. 84-249. Roger L. Spencer, et ux.. Petitioners v. South Carolina Tax Commission, et al. On writ of certiorari to the Supreme Court of South Carolina. Judgment affirmed by an equally divided Court. Opin- ion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

No. 84-277. Board of Trustees of the Village of Scarsdale, et al.,

Petitioners v. Kathleen S. McCreary, et al. On writ of certiorari to 538 WEDNESDAY, MARCH 27, 1985 the United States Court of Appeals for the Second Circuit, Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Bromleigh Smithson Lamb Salem, OR Solicitor General Rex E. Lee Frank J. Baltz Purcellville, VA Larry Darnell Harris Sr. Leonard Allen Alkov Los Angeles, CA John E. Benoit Thomas Arthur Runk Los Alamitos, CA John E. Benoit

Oral Arguments

No. 84-571. Harry N. Walters, Administrator of Veterans' Affairs, et al.. Appellants v. National Association of Radiation Survivors, et al. Argued by Mr. Mark Irving Levy for the appellants and by Mr. Gordon Paul Erspamer for the appellees. No. 83-2136. Connecticut, Department of Income Maintenance, Peti- tioner V. Margaret M. Heckler, Secretary, Department of Health and Human Services, et al. Argued by Mr. Charles Alvin Miller for the petitioner and by Ms. Kathryn Anne Oberly for the respondents.

No. 84-510. Aspen Skiing Company, Petitioner v. Aspen Highlands Skiing Corporation. Argued by Mr. Richard Melvyn Cooper for the petitioner and by Mr. Tucker Karl Trautman for the respondent.

No. 84-5743. Brian Keith Baldwin, Petitioner v. Alabama. Argued by Mr. John L. Carroll for the petitioner and by Mr. Edward Earl Games for the respondent.

Adjourned until Monday, April 1, 1985 at 10 o'clock, X (JOURNAL) MONDAY, APRIL 1. 1985 539 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 84-436. Bill Honig, Superintendent of Public Instruction of Cali- fornia, et al., Petitioners v. Students of The California School for the Blind, 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 granted. Judgment vacated and case remanded to the United States Court of Appeals for the Ninth Circuit with instructions to remand the case to the United States District Court for the Eastern District of California for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join. Justice Powell took no part in the consideration or decision of this case.

Appeals—Summary Disposition

No. 84-724. Texas A & M University, et al.. Appellants v. Gay Stu- dent Services, et al. Appeal from the United States Court of Appeals for the Fifth Circuit. The motion of appellants to disqualify counsel for appellees and to strike appellees' motion to dismiss or affirm is denied. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 83-2034. United States Department of Justice, Petitioner v. Evelyn Falkowski. 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 Heckler v. Chaney, 470 U. S. (1985). 540 MONDAY. APRIL 1, 1985

No. 83-2035. United States, Petitioner v. Mark Arden Schmucker. 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 Wayte v. United States, 470 U. S. (1985).

No. 84-823. United States, Petitioner v. John Doe No. 462. On writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss the cause as moot.

No. 84-5035. Larry Bernard Spikes, Petitioner v. Indiana. On petition for writ of certiorari to the Supreme Court of Indiana. 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 Indiana for further consideration in light of Hayes v. Florida, 470 U. S. (1985).

Orders in Pending Cases

No. D-453. In the Matter of Disbarment of Gary Zane Nothstein. Disbarment order entered. No. D-467. In the Matter of Disbarment of Howard Allen McGlas- son, Jr. Disbarment order entered.

No. 102, Original. State of Indiana, Plaintiff v. United States of America, United States House of Representatives, Thomas P. O'Neill, Jr., Benjamin J. Guthrie, Jack Russ and James T. Malloy. The motion of plaintiff to expedite consideration of the motion for leave to file a bill of complaint is denied.

No. 84-468. City of Cleburne, Texas, et al., Petitioners v. Cleburne Living Center, et al. This case is restored to the calendar for reargument. Justice Powell took no part in the consideration or decision of this order. No. 84-679. Bateman Eichler, Hill Richards, Incorporated, Peti- tioner V. Carl F. Bemer, et al. The motion of the Solicitor General to permit Bruce N. Kuhlik, Esquire, to present oral argument pro hac vice is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 84-806. Buckingham Corporation, Petitioner v. Odom Corpora- tion, dba Arizona Distributing Company. The Solicitor (general is invited to file a brief in this case expressing the views of the United States. MONDAY, APRIL 1, 1985 541

No. 84-836, Daniel Vasquez, Warden, Petitioner v. Booker T. Hillery, Jr. The motion for appointment of counsel is granted and it is ordered that Clifford Earl Tedmon, Esquire, of Sacramento, California, is appointed to serve as counsel for the respondent in this case.

No. 84-1231. Charles G. Strickland, Warden, et al.. Petitioners v, Amos Lee King, Jr. The motion of respondent for leave to proceed in forma pauperis is granted.

Certiorari Granted

No. 84-1070. Larry Witters, Petitioner v. Washington Department of Services for the Blind . Petition for writ of certiorari to the Supreme Court of Washington granted.

No. 83-2004. Matsushita Electric Industrial Co., Ltd., et al.. Peti- tioners V. Zenith Radio Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to Questions 1 and 2 presented by the petition.

No. 84-1181. New York, Petitioner v. Benigno Class. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of New York granted.

No. 84-5786. Frank M. Miller, Jr., Petitioner v. Peter J. Fenton,

Superintendent, Rahway State Prison, 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 Thiini Circuit granted.

No. 84-6270. Johnny Green, et al., etc.. Petitioners v, Agnes Mary Mansour, Director, Michigan Department of Social Services. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 83-138. Gold Cross Ambulance, Inc., et al.. Petitioners v. City of

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

No. 83-825. Central Iowa Refuse Systems, Inc., Petitioner v. Des

Moines Metropolitan Area Solid Waste Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1959. Gary John Eklund, Petitioner v. United States; and

Russell James Martin, Petitioner v. United States. Petition for writ of 542 MONDAY, APRIL 1, 1985 certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-2098. Benjamin H. Sasway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-360. Gene P. Scott, et al., Petitioners v. City of Sioux City,

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

No. 84-378. Golden State Transit Corporation, Petitioner v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-480. P. I. A. Asheville, Inc., et al.. Petitioners v. North Carolina, ex rel.. Lacy H. Thomburg, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-643. Arkansas, Petitioner v. Randy Lewis Baird, Henry Edward Heimeyer and Terry L. Forgy. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 84-667. Harold Travis Lyons, Petitioner v. Warden, Nevada State Prison. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 84-767. Michael Carr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-809. Leo Raymond McGuire, Petitioner u United States; and

No. 84-1107. David E. Lee, Petitioners. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-832. Hybud Equipment Corp., et al.. Petitioners v. City of

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

No. 84-982. Scott Chapman, Petitioner v. Joab L. Thomas and Thomas H. Stafford. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1003. Sailors' Union of the Pacific, Seafarers International

Union of North America, AFL-CIO, Petitioner v. Secretary of Labor and Peter Turner. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, APRIL 1, 1985 543

No. 84-1252. Joseph Guerin, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 84-1253. Kenneth R. George, et ux., Petitioners v. Liberty National Bank and Trust Company. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 84-1267. Michigan, Petitioner v. Edward Nathaniel Carlton. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 84-1268. KFC National Management Company, Petitioner v. Michael L. Brown. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1276. Robert K Grace, Petitioner v. Bills Auto Repair and Towing. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1277. Carol Duncan, dba TV News Clips, Petitioner v. Pacific and Southern Company, Inc. , dba WXIA-TV. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1295. Gwendolyn M. Patton, Petitioner v. Robert Polk Thom- son and William S. Edmonds. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1297. Montgomery City-County Personnel Board, et al.. Peti- tioners V. Tate Williams. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1298. Kenneth B. Quansah, Jr., Petitioner v. Bisco Indus- tries, Inc. and California Plant Protection. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1302. Shell Oil Company, Petitioner v. Piney Woods Country Life School, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1311. George W. Bonin, Petitioner v, American Airlines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1381. Alfred Ficalora, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1383. Bryn Mar, Ltd., et al.. Petitioners v. Carlton Browne and Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 544 MONDAY, APRIL 1, 1985

No. 84-1396. Arnold L Kramer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1408. Rick Renner, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5857. Patrick Cunimiskey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-5938. Waiter Wallace, Petitioner v. John Paul Ford, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5958. Michael Ray Harvey, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-5968. James W. Brewer, Petitioner v. City of Clayhatchee. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 84-6151. Lester Zeisler, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 84-6160. Michael C. Antoneili, Petitioner v. United States Pa- role Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6165. Victor James Harrod, Jr., Petitioner v. Charles Black, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6194. Michael C. Antoneili, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6195. Charles Jones, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6198. Daniel Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6199. Aman Abdi, Petitioner v. Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6210. Thomas Mealer, Petitioner v, Everett Jones, Super- intendent, Great Meadow Correctional Facility. Petition for writ of MONDAY, APRIL 1, 1985 545 certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-6211. Aaron Holsey, Petitioner u United States District Court for the District of Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6212. Charles Wesley Hopgood, Petitioner v. VicM Cook Hopgood. Petition for writ of certiorari to the Supreme Court of Geor- gia denied.

No. 84-6213. Anthony P. Guerrero, Petitioner v. People of the Terri- tory of Guam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6226. Anthony F. Moret, Petitioner v. Lanson Newsome, Superintendent, Georgia State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6233. Robert Lee Hook, Petitioner 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. 84-6235. In Re Michael J. Bailey, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6236. Steven Michael Smith, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 84-6238. Charles Tyson, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 84-6293. James Ralph Black, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6299. James W. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6308. William Eldridge Caldwell, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6336. Brenda Gage, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 546 MONDAY, APRIL 1, 1985

No. 84-6338. Charles W. Ligon, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6341. Aimo H. Green and Yvonne E. Green, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1896. Mobil Oil Corporation, Petitioner v. Jerry A. Blanton and Roy H. Healey. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White.

No. 83-6298. Samuel Lee McDonald, 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. 84-6006. Morris Odell Mason, Petitioner u Allym Sielaff, Direc- tor, Virginia Department of Corrections. 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. 84-6036. Johnny Frank Garrett, Petitioner u 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. 84-6098. James Session, 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. 84-6131. Darrell Gene Devier, Petitioner u Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6167. Tonmiy S. Groover, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6183. David Earl Huffstetler, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6186. Dallas Ferrell, Petitioner v. South Carolina; and

No. 84-6189. Jonathan Chaffee, Petitioner v. South Carolina. Peti- tions for writs of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6223. George Daniel, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, APRIL 1, 1985 547

No. 84-6230. Louis J. Truesdale, Jr., 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. 84-6254. Alan Jeffrey Bannister, 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. 84-1179. John J. Tavone, Petitioner v. Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the judgment of conviction. No. 84-1262. Federation Internationale de Basketball Amateur,

Petitioner v. Ronald Behagen. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 84-1294. Villages, Inc., Petitioners. Metropolitan Development Commission of Marion County. The motion of National Association of Homes for Children for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

Rehearings Denied

No. 84-5307. Robert C. Thetford, Petitioner v. United States;

No. 84-5626. Donald Wilham Dufour, Petitioner v. Mississippi; and

No. 84-5945. Billy T. Watkins, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

William Daniel Acton Jr. Charlotte, NC Frank Bayard Aycock III Charles Morehead Allen II Montgomery, AL Thomas S. Lawson Jr. Robert B. Ansley Jr. Atlanta, GA Overton Anderson Currie Susan Jane Bell Washington, DC Judge Thomas Penfield Jackson 548 MONDAY, APRIL 1, 1985

Applicant City and State Movant

Hans Fredrik Berg Quartz HiU, CA Stephen L. Cooley Sid L. Berger Houston, TX Steven Jay Rozan Donna Jean Blazevic Minneapolis, MN Maclay Reed Hyde Robert S. Bmzzi East Greenwich, Max Wistow RI Brian Lawrence Buniva Richmond, VA Patrick Michael McSweeney K. L. Camley Houston, TX David H. Berg Carol Jean Carrier Houston, TX Robert George Darden William B. Mitchell Carter Chattanooga, TN Richard P. Jahn Leslie Z. Celentano Livingston, NJ Herbert J. Stem Tai Yong Cho New York, NY Fred Queller David Paul Cluchey Cape Elizabeth, Melvyn Zarr ME Carter K. Combe New York, NY Mark Charles Morril Jonathan B. Crane Pasadena, CA William Francis Stewart Ellyn Elise Crutcher Lexington, KY Paul Michael Davis WilKam A. Daggett Boston, MA Wibnot T. Pope Daniel Donovan Great FaUs, MT D. Patrick McKittrick Richard J. Frockt Louisville, KY D. Paul Alagia Jr. Stuart Paul Gelberg Glen Cove, NY Richard J. McCord Clair R. Gerry Sioux Falls, SD Michael B. Crew Robert James Grammig Tampa, FL Julian Derieux Clarkson John Doran Hagen Jr. Minneapolis, MN Eldon John Spencer Jr. Annemarie Spadaro Haner Everett, MA Margaret Bell Drew John L. Hawkins New York, NY Michael G. Wolfson H. David Hermansdorfer Ashland, KY Edwin J. Walboum III MONDAY, APRIL 1, 1986 549

Applicant v^iiy ana ocate iuuvunt

William Alfred Hinz LaHabra, CA Mark Edwin Edwards Donna Keene Holt Columbia, SC Kermit S. King Heiaine E. Honig Boston, MA Daniel Givelber Maurice Scott Smothers High Point, NC Gilbert Lawrence Hull Gates Jr. David W. Ichel New York, NY Barry R. Ostrager James Calvin Johnson Jr. Concord, NC Thomas K. Spence Robert L. Johnson Jr. Quincy, MA Anthony L. Matera William Paul Kannow Los Angeles, CA William C. Falkenhainer Jamie Wollison Katz Boston, MA Francis X. Bellotti Kenneth Philip Kolson Potomac, MD WilHam H. Dempsey Jr. Jonathan M. Kratter New York, NY Bertrand Jay Kahn Michael James Krueger Kingsville, TX Richard Anthony HaU Kevin Martin Leahy- Ahoskie, NC William Leon Cooke Gail Ellen Lees Los Angeles, CA Wayne W. Smith R. James Leithead Oklahoma City, Gary B. Homsey OK Diane Priscilla Lemanek Detroit, MI Edwin Herbert Comber James Boyd Lindsey Canton, OH James Roger Strawn Harriet Elizabeth Harris Frederick, MD Walter LeRoy Lulie Green Stephen J. Lyons Boston, MA Daniel Givelber Benjamin Marcano-Roman San Juan, PR Jose L. Morales Verdiales Joseph B. Marshall Circle Pines, MN Robert J. Alfton Patrick Anthony Mesisca Los Angeles, CA Barry R. Levy Jr. Michael Mark Mustokoff Philadelphia, PA Ronald F. Kidd Joseph James Neely Metropolis, IL William Bellew Byrd 550 MONDAY, APRIL 1, 1985

Applicant City and State Movant

Emmett M. O'Brien St. Louis, MO John Martin Bray John W. Palisin Houston, TX Charles Mclntyre Haden Tommy Dean Parker Eunice, NM Charles William Imke J. 0. Partain III Dalton, GA Joseph T. Tuggle Jr. Leslie Pennington Lexington, KY William Robinson Patterson Patterson Jr. Don Ed Payne Hugo, OK Michael Cauthron George A. Phelps Visalia, CA John K. Carmack Franklin Roosevelt Concord, NC Thomas K. Spence Plummer Sandra C. Quinn Boston, MA Charles M. Healey III Jan Howard Samet High Pomt, NC Gilbert Lawrence Gates Jr. George Schwarz New York, NY Benedict Peter Morelli William Lawrence Shulman Nashville, TN Walter Cotton Kurtz Michael H. Simon Washington, DC Elliott M. Seiden Jeffrey Q. Smith New York, NY Richard Joseph Wiener John C. Souza Pocatello, ID M. Jay Meyers Christopher Danahy Cleveland, OH Theodore Ellis Stanley Meckler Bruce M. Stark Long Beach, CA Edward M. Daley Tom Steenson Portland, OR Kenneth Saul Stem Cheryl Barbara Stephan LaPorte, IN John Kenneth Fiorilla Irving C. Stem Houston, TX David H. Berg James Frederick Stevenson Sidney, OH Thomas Joseph Harrington Brian J. Stuart Sioux Falls, SD Thomas J.

Johnson ^ Theodore S. Wentworth Newport Beach, Robert Ira CA Schwartz MONDAY, APRIL 1, 1985 551

Applicant City and State Movant

Peter Walter Weston Houston, TX Jack Ronald Bailey Eugene Michael Whissel II Greenbelt, MD Arthur Albert Marshall Jr. Sarah Willis Wilcox Washington, DC Sarah Moseley Glymph Wilcox Charles L. Williams Jr. Roanoke, VA William Raymond Rakes William 0. Winchell Royal Oak, MI Wallace D. Riley Lawrence E. Young Chattanooga, TN Jerry Sanford Sloan

Admissions to THE Bar on Oral Motions

Applicant City and State Movant

Michael P. Giannini Santa Ana, CA Solicitor General Rex E. Lee Betty Carolyn Moore Arlington, VA Charles E. Sandler Sandler John W, Price Dyersburg, TN Steven Ronald Ross William Frederick Power Los Angeles, CA Harold M. Gross Jr. Earl F. Clock Johnstown, PA William R. Connole Earl Ferdinand Clock III Alexandria, VA WilHam R. Connole John Bertman Hanmionton, NJ Roger C. Steedle Alan Joseph Cohen Atlantic City, NJ Roger C. Steedle Barry David Cohen Atlantic City, NJ Roger C. Steedle Deborah Renay Hawkins Atlantic City, NJ Roger C. Steedle Lars Stephen Hyberg Northfield, NJ Roger C. Steedle Harris Dewey Butler III Houston, TX David Nelson Sutton Jr. Raymond J. Marshall Viemheim, West Robert A. Stein Germany Janet A. Forest Washington, DC Robert A. Stein Paul William Hartley Washington, DC Robert A. Stein 552 MONDAY, APRIL 1, 1985

Applicant City and State Movant

Samuel H. Bellman Minneapolis, MN Robert A. Stein William Scott Borchers Minneapolis, MN Robert A. Stein Sandra Burge Minneapolis, MN Robert A. Stein Jane Anderson Callahan Rochester, MN Robert A. Stein John T. Candell Minneapolis, MN Robert A. Stein Gerald T. Carroll Minneapolis, MN Robert A. Stein John R. Carroll Minneapolis, MN Robert A. Stein Mark A. Giorgini Saint Paul, MN Robert A. Stein Mark Eugene Haggerty Brooklyn Park, Robert A. Stein MN William T. Hedeen Worthington, MN Robert A. Stein William Bristoe St. Paul, MN Robert A. Stein Hoekensmith Helen Ingrid Kelly Minneapolis, MN Robert A. Stein David John Koskinen Duluth, MN Robert A. Stein Richard Jon Kruger St. Paul, MN Robert A. Stein David G. Larson Minneapolis, MN Robert A. Stein Barbara M. LouiseU Duluth, MN Robert A. Stein Thomas Randall Lujan Edina, MN Robert A. Stein Richard J. Menke Prior Lake, MN Robert A. Stein William John Milota Minneapolis, MN Robert A. Stein Jerold 0. Nelson MinneapoKs, MN Robert A. Stein Daniel W. O'Brien St. Paul, MN Robert A. Stein Robert W. Oelke Minneapolis, MN Robert A. Stein John Merley Ophaug Northfield, xMN Robert A. Stein Douglas James Peterson Minneapolis, MN Robert A. Stein Dennis John Redwing LaCrescent, MN Robert A. Stein Bruce N. Reuther Breckenridge, Robert A. Stein MN Steven L. Reyelts Duluth, MN Robert A. Stein Paula K. Richey Minneapolis, MN Robert A. Stein Samuel W. Richey Minneapolis, MN Robert A. Stein James Vincent Roth Minneapolis, MN Robert A. Stein Susan Lewin Roth Minneapolis, MN Robert A. Stein James Todd Swenson Minneapolis, MN Robert A. Stein David K. Wendel Minneapolis, MN Robert A. Stein John W. Jensen Salem, OR Robert A. Stein MONDAY, APRIL 1, 1985 553

Applicant City and State Movant

Kerry L. Weger Bloomington, IN Dennis M. Hertel Joseph Stuart Agnello Hazel Park, MI Dennis M. Hertel Loretta M. Ames Detroit, MI Dennis M. Hertel Michele M. Arene Detroit, MI Denms M. Hertel Scott Bassett Livonia, MI Dennis M. Hertel George E. Bauer Jr. HoUand, MI Dennis M. Hertel Steven Aaron Blaske Detroit, MI Dennis M. Hertel Joseph Francis Boedeker Roseville, MI Dennis M. Hertel Stephen C. Bouwkamp Livonia, MI Dennis M. Hertel David Allan Comsa Mount Clemens, Dennis M. Hertel MI Philip Stanley Cornell East Lansing, MI Dennis M. Hertel Eva J. Culberson Detroit, MI Dennis M. Hertel OkonEtefia Detroit, MI Dennis M. Hertel James G. Fausone Detroit, MI Dennis M. Hertel Bruce Hunter Fenn Lansing, MI Dennis M. Hertel Dennis M. Flessland Bloomfield Hills, Dennis M. Hertel MI Sandra Sue Gaynor Hazel Park, MI Dennis M. Hertel William Donald Gilbride Detroit, MI Dennis M. Hertel Rosemary Ann Gordon Detroit, MI Dennis M. Hertel Michael G. Heilmann Detroit, MI Dennis M. Hertel Dennis Michael Hurst Lansing, MI Dennis M. Hertel Arthur W. Jalkanen Southfield, MI Dennis M. Hertel John Russell Jouppi Zeeland, MI Dennis M. Hertel Thomas E. Keenan Farmington Hills, Dennis M. Hertel MI Thomas George King Kalamazoo, MI Dennis M. Hertel Thomas A. Klug East Lansing, MI Dennis M. Hertel Bradley Scott Knoll HoUand, MI Dennis M. Hertel David J. Knoll HoUand, xMI Dennis M. Hertel J. Russell LaBarge Jr. RoseviUe, MI Dennis M. Hertel Arthur Gordon Lessard Mount Clemens, Dennis M. Hertel MI Bryan Howard Levy Southfield, MI Dennis M. Hertel Renee Vintzel Loridas Detroit, MI Dennis M. Hertel Mark Stephen Lucas West Bloomfield, Dennis M. Hertel MI 554 MONDAY, APRIL 1, 1985

Applicant City and State Movant

Cathie Beatty Maher Canton, MI Dennis M. Hertel Martin Thomas Maher Canton, MI Dennis M. Hertel Mark M. Messing Traverse City, MI Dennis M. Hertel Hannes Meyers Jr. HoUand, MI Dennis M. Hertel Gary D. Parsons Livonia, MI Dennis M. Hertel James Russell Peterson Mount Clemens, Dennis M. Hertel MI William G. Pierson HoweU, MI Dennis M. Hertel David L. Porteous Reed City, MI Dennis M. Hertel Robert Allen Radnick Grosse Pointe Dennis M, Hertel Woods, MI Michael John Reynolds Detroit, MI Dennis M. Hertel Colleen V. Ronayne Northville, MI Dennis M. Hertel Walter Jerome Roper HoHand, MI Dennis M. Hertel Edward Rosenbaum Southfield, MI Dennis xM. Hertel Robert William Schooley Ann Arbor, MI Dennis M. Hertel William D. Schuette Sanford, MI Dennis M. Hertel Dan Skorich DeWitt, MI Dennis M. Hertel Luke Skywalker Detroit, MI Dennis M. Hertel Barbara Ann Smith Detroit, MI Dennis M. Hertel Kevin M. Sterling Detroit, MI Dennis M. Hertel Thomas Edmond Strasz Mount Clemens, Dennis M. Hertel MI John David Swartz iYiouiit v^iemeiis, uennis M xiertei MI James Louis Talaske Reed City, MI Dennis M. Hertel Nicholas John Vendittelli Dearborn, MI Dennis M. Hertel David Alexander Wallace Saginaw, MI Dennis M. Hertel Prosser McKeever Watts Adrian, MI Dennis M. Hertel Jr. Helen Marie Weber Femdale, MI Dennis M. Hertel Ronald Adam Weglarz Harper Woods, Dennis M. Hertel MI David Stanley Zurvalec Lansing, MI Dennis M. Hertel Lori A. Zurvalec Detroit, MI Dennis M. Hertel Kenneth Eugene Kendell Springfield, PA Dennis M. Hertel

Opinions

No. 83-1750. United States, Petitioner v. James Rual Miller. On writ of certiorari to the United States Court of Appeals for the Ninth Cir- MONDAY, APRIL 1, 1985 555 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 Marshall. Justice Powell took no part in the decision of this case.

No. 83-1394. United States, et al., Appellants v. Madison D. Locke, et al. Appeal from the United States District Court for District of Nevada. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice O'Connor. Dissenting opinion by Justice Powell. Dissenting opinion by Justice Stevens with whom Justice Brennan joins.

No. 83-2126. Oklahoma, Petitioner v. Timothy R. Castleberry and Nicholas Raineri. On writ of certiorari to the Court of Criminal Appeals of Oklahoma. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case. No. 84-5059. Patrick Ramirez, Petitioner u Indiana. On writ of certiorari to the Court of Appeals of Indiana. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

Adjourned until Monday, April 15, 1985 at 10 o'clock. X

(JOURNAL) MONDAY, APRIL 15, 1985 557 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 84-501. Barry Mintzes, Warden, Petitioner v. Nealy Buchanon. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The Court is advised that the respondent died in Ingham

County, Michigan, on December 7, 1984. The Court's order granting the writ of certiorari, see U.S. (1984), therefore is vacated, and the petition for certiorari is dismissed. See Warden v. Palermo, 431 U.S. 911 (1977). Opinion per curiam. Justice Powell took no part in the consideration or decision of this case.

Appeals—Summary Disposition

No. 84-1093. Troy L. Welch and Jay F. Welch, Appellants v. Clai- borne County Beer Board, et al. Appeal from the Supreme Court of Tennessee, Eastern Division, The appeal is dismissed for want of a substantial federal question. Justice White and Justice Blackmun would note probable jurisdiction and set the case for oral argument.

No. 84-1299. Ramiro Arango, Appellant v. Florida. Appeal from the District Court of Appeal of Florida, Third 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. 84-1441. Roger J. Kay, Appellant v. Pennsylvania. Appeal from the Superior Court of Pennsylvania, Pittsburgh 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. 84-6425. Joe Kenneth White, Appellant v. R. Mark McGoff, Su- perintendent, Fremont Correctional Facility. Appeal from the Supreme Court of Colorado. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. 558 MONDAY, APRIL 15, 1985

No. 84-1329. Diane B. Crea, Appellant v. New York. Appeal from the Appellate Term of the Supreme Court of New York, 9th & 10th Ju- dicial Districts. The appeal is dismissed for want of a substantial federal question.

No. 84-1346. Paul Heinrich, Appellant v. Illinois. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of jurisdiction.

No. 84-6256. James Walton Mack, Jr., Appellant v. American Tele- phone and Telegraph Company, Long Lines, et al. Appeal from the United States District Court for the Northern District of Georgia. The appeal is dismissed for want of jurisdiction.

No. 84-1382. Celia Stem, et al.. Appellants v. Robert Weiss, et al. Appeal from the Supreme Court of North CaroHna. The appeal is dismissed for want of a substantial federal question. Justice Blackmun would note probable jurisdiction and give this case plenary consideration.

Orders in Pending Cases

No. . Ireneusz Furman, Petitioner v. Commissioner of Internal Revenue. The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with Rule 33 is denied. The motion to direct the Clerk to file a petition for writ of certiorari out-of-time is denied.

No. . In the Matter of Admission of Selden B. Hale, III. On application for admission to the Bar of this Court. The application for admission to the Bar of this Court presented to Justice White and by him referred to the Court is granted. Dissenting opinion by the Chief Justice with whom Justice O'Connor joins.

No. . In the Matter of the Application of Janet Stockard for Admission to the Bar. The application for admission to the Bar of this Court presented to Justice White and by him referred to the Court is granted. The Chief Justice would deny the application. No. D-455. In the Matter of Disbarment of Monte Charles Phillips. Disbarment order entered. No. D-472. In the Matter of Disbarment of Alan Manning Miller. Disbarment order entered. No. D-475. In the Matter of Bert Padell. The order of this Court entered February 19, 1985, suspending Bert Padell from further practice of law in this Court is vacated and the Rule to Show Cause issued Feb- ruary 19, 1985, is discharged. No. I>-488. In the Matter of Disbarment of Arthur J. Rouse. It is ordered that Arthur J. Rouse, of West Nyack, New York, be suspended MONDAY, APRIL 15, 1985 559 from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 27, Original. State of Ohio, Plaintiff v. Commonwealth of Ken- tucky. The Report of the Special Master is received and ordered filed. The Report is adopted. Decree entered. The costs of this proceeding shall be divided between the parties as recommended by the Special Master.

No. 100, Original. Marie C. Webber, Plaintiff v. State of Oklahoma, et al. The motion for leave to file a bill of complaint is denied.

No. 83-1925. Hillsborough County, Florida, et al.. Appellants v. Automated Medical Laboratories, Inc. The motion of the Solicitor Gen- eral to permit Paul J. Larkin, Jr., Esquire, to present oral argument pro hac vice is granted. No. 84-310. In Re Robert J. Snyder, Petitioner. The motion of United States Court of Appeals for the Eighth Circuit to supplement the joint appendix is granted. No. 84-320. National Farmers Union Insurance Companies and

Lodge Grass School District No. 27, Petitioners v. Crow Tribe of Indi- ans, et al. The motion of Sac and Fox Tribe of Indians of Oklahoma for leave to file a brief as amicus curiae^ out-of-time, is denied.

No. 84-518. Robert W. Johnson, et al.. Petitioners v. Mayor and City Council of Baltimore, et al.; and No. 84-710. Equal Employment Opportunity Commission, Petitioner

V. Mayor and City Council of Baltimore, et al. The motion of National League of Cities for leave to file a brief as amicus curiae is granted.

No. 84-589. Paul Edmond Dowling, Petitioner v. United States. The motion of Recording Industry Association of America, Inc. for leave to file a brief as amicus curiae is granted.

No. 84-648. Sedima, S. P. R. L., Petitioner v. Imrex Company, Inc., et al. The motion of American Institute of Certified Public

Accountants for leave to file a brief as amicus curiae is granted. The motion of Alliance of American Insurers, et al. for leave to file a brief as amid curiae is granted. The motion of Securities Industry Association for leave to file a brief as amicus curiae is granted. No. 84-822. American National Bank and Trust Company of Chi- cago, et al., Petitioners v. Haroco, Inc., et al. The motion of Inter- insurance Exchange of the Automobile Club of Southern California for leave to file a brief as amicus curiae is granted. The motion of John Grado, et al. for leave to file a brief as amid curiae is granted. 560 MONDAY, APRIL 15, 1985

No. 84-835. New Jersey Department of Corrections, Petitioner v. Richard Nash; and 1

No. 84-776. Philip S. Carchman, Mercer County Prosecutor, Peti- tioner V. Richard Nash. The motion of respondent to permit John i Burke, III, Esquire, to present oral argument pro hac vice is granted.

No. 84-861. National Labor Relations Board, Petitioner v. Interna- tional Longshoremen's Association, AFL-CIO, et al. The motion of American Federation of Labor and Congress of Industrial Organiza- tions for leave to file a brief as amicus curiae is granted. |

No. 84-1023. United States, Petitioner v. Fernando Rojas- \ Contreras. The motion of the Solicitor Greneral to dispense with printing the joint appendix is granted.

No. 84-5909. Tim Lee Adams, Petitioner v. Thomas Fulcomer, Su- I

perintendent, et al. The motion of petitioner to reconsider the order 1

denying leave to proceed in forma pauperis is denied. Justice Powell l took no part in the consideration or decision of this motion.

No. 84-6082. Joseph J. Attwell, et al., Petitioners v. United States

Postal Service, et al. The application to suspend the effect of the order denying certiorari pending action on a petition for rehearing addressed

j to Justice Marshall and referred to the Court is denied.

i Appeals—Jurisdiction Noted or Postponed I

No. 84-1360. City of Renton, et al., Appellants v. Playtime Theatres,

Inc., et al. Appeal from the United States Court of Appeals for the

Ninth Circuit. The motion of National League of Cities, et al. for leave to file a brief as amid curiae is granted. In this case probable jurisdiction is noted.

No. 84-495. Richard Thomburgh, et al., Appellants v. American Col- lege of Obstetricians and Gynecologists, et al. Appeal from the United States Court of Appeals for the Third Circuit. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits.

No. 84-248. Alfred Pino, Appellant v. District Court of the Second I Judicial District's Children's Court, etc. Appeal from the Supreme ;

' Court of New Mexico. The motion of Navajo Nation for leave to file a brief as amicus curiae is granted. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. MONDAY, APRIL 15, 1985 561 Certiorari Granted

No. 84-1340. Wendy Wygant, et al., Petitioners v. Jackson Board of Education, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 84-1321. Crispus Nix, Warden, Petitioner v. Emmanuel Charles Whiteside. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 84-1361. United States, Petitioner v. Kenneth Moses Loud Hawk, et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Certiorari Denied

No. 82-1841. Board of Water Supply, City and County of Honolulu,

Hawaii, Petitioner v. Robert S. Nakata, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 84-881. Jay C. Baker and Michael J. Carson, Petitioners v. United States District Court for the Northern District of Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-930. Leonard R. Cherek, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-932. CED's Inc., dba Products for Power, Petitioner v.

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

No. 84-943. Ester Elvrum, et al.. Petitioners v. Leo Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-971. Nick Kapnison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-976. Bellevue Fire Fighters Local 1604, International Associ- ation of Fire Fighters, AFL-CIO, CLC, et al.. Petitioners u City of Bellevue. Petition for writ of certiorari to the Supreme Court of Wash- ington denied. 562 MONDAY, APRIL 15, 1985

No. 84-1011. Stephen D. Oliphant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1016. John J. Harrington, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1017. University of Pittsburgh, et al., Petitioners v. Harry T. Krynicky, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1019. Carpenters' Local Union No. 1478 and Southern Cali- fornia Conference of Carpenters, Petitioners v. Neal Stevens. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1020. Harold G. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1053. Ecclesiastical Order of the ISM of AM, Inc., Petitioner

V. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1086. Sidney Perkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1135. Commissioner of Transportation of the State of New

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

No. 84-1151. Estate of Virginia Kremm, Petitioner v. Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1157. NKC Hospitals, Inc., Petitioners Margaret M. Heck- ler, Secretary, United States Department of Health and Human Serv- ices. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1167. Enis M. I. Pinar, Petitioner v, Elizabeth H. Dole, Sec- retary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1185. Peter S. Razatos, Petitioner v. Colorado Supreme

Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, APRIL 15, 1985 563

No. 84-1231. Charles G. Strickland, Warden, et al., Petitioners v. Amos Lee King, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1238. Raymond R. Roop, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied. No. 84-1263. Bill Rodman, Larry Nolon and Samuel MOler, etc., Pe- titioners V. Jim W. Hensley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1275. John H. Stewart, Petitioner v. Disneyland, Division of Walt Disney Productions and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 235. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1283. Fedrico Luna, Petitioner v. House of Sofas, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1284. United States, Petitioner v. George Squillacote, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1289. Port Terminal Railroad Association, Petitioner v. Roy W. Sims. Petition for writ of certiorari to the Court of Appeals of Texas, First Supreme Judicial District, denied.

No. 84-1290. Richard Byrne, Petitioner v. Mass Transit Admin- istration and Amalgamated Transit Workers Union, Division 1300, AFL-CIO. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied.

No. 84-1296. Pennsylvania Dental Association, et al.. Petitioners v. Medical Service Association of Pennsylvania, dba Pennsylvania Blue Shield and Donald S. Mayes, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1301. John C. Amis, Jr., Petitioner v. Dick Steele, Lee County Tax Collector and Lee County. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1305. Carolyn Epperson, Petitioner v. Estate of Buel Epperson. Petition for writ of certiorari to the Supreme Court of Ar- kansas denied. No. 84-1308. Freeman (Teek) Bosley, Jr., Clerk, Circuit Court, City

of St. Louis, et al., Petitioners v. Shirley Barnes, Frances J. McEh-oy and Murrell Thomas. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 564 MONDAY, APRIL 15, 1985

No. 84-1309. Eula B. Starnes, et al., Petitioners v. Margaret M. Heckler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-1314. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Hampton Roads Shipping Association. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1322. Richard G. Nill, Petitioner v. Essex Group, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 84-1325. Frank V. Ponterio, Petitioner v. Edward I. Koch, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 84-1328. Karen Frances Ulane, Petitioner v. Eastern Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1330. Harriet M. Gould, Petitioner v. Mutual Life Insurance Company of New York. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1336. Charles E. Kern, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1338. Antonio Ramos, Petitioner v. Virginia Ramos. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-1339. Gilbert A. Raske, Petitioner v. Board of Commission- ers of the Forest Preserve District of Cook County, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1349. Jerry T. Busto, Petitioner v. Martin Marietta. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 84-1356. Kohn Beverage Company, Petitioner v. Teamster's Local No. 348, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1371. Farwest Steel Corporation, Petitioner v. S. A. DeSantis, etc., et al. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 84-1391. Independent School District No. 3 of Broken Arrow,

Tulsa County, Oklahoma, Petitioner v. Carla R. Helms. Petition for MONDAY, APRIL 15, 1985 565

writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-1392. Kenneth R. George and Alberta W. George, Petition-

ers V. Liberty National Bank and Trust Company, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1405. Randall Ghibaudy, Petitioner, v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1407. Bonita V. Scott, Petitioner v. Malcobn Baldrige, Secre- tary, United States Department of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied.

No. 84-1424. Margarita Ciro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-1434. Louis V. Mangrum, Petitioner v. Continental Casualty Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1456. Arthur Blair Erdlen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1474. 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. 84-1489. Dean Allen Phelps, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5844. Paul Primiano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-5933. Larry Grant Bowring, Petitioners. E. L. Booker, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5979. Ervin L. Bamgrover, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 84-5997. John W. McQueen, Petitioner v. Parole and Probation Conunission. Petition for writ of certiorari to the Supreme Court of Florida denied. 566 MONDAY, APRIL 15, 1985

No. 84-6034. Charles L. Smith, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 84-6076. Michael Rabb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6090. Paul E. Kane, Petitioner v, Florida State Attorney

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

No. 84-6134. David Alexander, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6150. John Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6190. Slater A. Judd, Jr., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6231. Jane Doe, Petitioner v. Michigan Department of Social

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

No. 84-6240. Bobby Ray Speedy, Petitioner v. Donald W. Wyrick,

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

No. 84-6241. Tyrone Hiawatha Lee, Petitioner v. John P. Alderman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6242. Mister Midwife, Petitioner v. El Paso Maternity Nurs- ing Home, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6244. Gerald Dewayne Ward, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 84-6245. Evelyn K. Kimball, Petitioner v. Royce R. Lewellen, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 84-6252. David Robert Phillips, Petitioner u Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. MONDAY, APRIL 15, 1985 567

No. 84-6257. Rudolph L. Lucien, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 84-6258. Rudolph L. Lucien, Petitioner v. Kenneth L. McGinnis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6262. Jerome Allen Bragg, Petitioner v. Tom Cave, Judge, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6264. Hiram Ash, Petitioner v. George Swanson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6265. Alfonza Baker and Bobby Lee Baker, Petitioners v. Al- abama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-6266. Lazarus C. Finney, Petitioner v. Harry J. Rothgerber,

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

No. 84-6267. Mario Liberta, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-6269. Gerry Howard, Petitioner v. Kenneth James Landry. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6274. Patricia Kerr O'Connor, Petitioner v. Anthony J. O'Connor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6276. Charles Spoon and Scott Patterson, Petitioners v. Wyo- ming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 84-6277. Karl Paul Vossbrinck, Petitioner v. Gay Hapgood Vossbrinck. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 84-6278. Ricky L. McCall, Petitioner v. Captain Tovey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6279. Kent Norman, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. 568 MONDAY, APRIL 15, 1985

No. 84-6280. Vincent F. Zarrilli, Petitioner v. Joseph Braunstein. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-6288. Gregory Sockwell, Petitioner v. Frank Blackburn, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6292. Norman D. Chance, Petitioner v. Charles H. Zimmer- man, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6295. Maurice Gibbs, Petitioner v. C. Paul Phelps, Secretary, Louisiana Department of Public Safety and Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6296. Walter Wayne Howard, Petitioner v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6304. David H. Williams, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 84-6311. James Anderson Mitchell, Petitioner v. Edwin Meese, III, Attorney General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6313. Eldon Lowell Yocum, Petitioner v. United States. Peti- tion for Writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6314. Jose Calvente, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-6319. Frank Melvin Gray and Leslie Reed Gray, Petitioners u United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6324. Timothy J. Ingraham, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 84-6328. Alfred Fleming, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6331. John Hall Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, APRIL 15, 1985 569

No. 84-6347. David M. Jones, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 84-6355. Wardie 0. Pride, Jr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6362. Russell Edward Merritt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-6363. Leslie looker, Jr., Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6376. Richard Edward Andrews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6380. James L. Martin, Petitioner v. Pennsylvania Board of Law Examiners. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 84-6382. Russell Yates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6383. Socorro B. Esquibel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6385. Sidney D. Wise, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6386. Doris C. Neely, Petitioner v. Central Intelligence Agency. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-6388. Michael Di Noia, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 84-6389. Thomas Lewis Haywood, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6392. Donald Ray Lewis, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of 570 MONDAY, APRIL 15, 1985 certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6402. Erastus Jason Miriti, Petitioner v. Edward C. Schade, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-6419. Donny Joel Harvey, Petitioner v. Walter Smith. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6436. Calvin DeVyver, etc., Petitioner v. Harold J. Smith, Superintendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-322. Charles G. Reminick, et al.. Petitioners v. Jack Maltz, et al. The motion of Bankers Trust Company for leave to intervene is denied. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-600. Karen A. Cooper, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White.

No. 84-1013. Vernal Bough, et al.. Petitioners v. Patrick Ramirez. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1180. Anthony Petrov, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the judgment of conviction.

No. 84-1224. Wilbert Lee Evans, Petitioner v, Virginia. The petition for a writ of certiorari to the Supreme Court of Virginia is denied. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-1341. Duquesne Light Company, et al., Petitioners v. State Tax Department of West Virginia and Herschel H. Rose, III, State Tax Conmiissioner of West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice Powell took no part in the consideration or decision of this petition. No. 84-1353. James P. Kartell, Herbert W. Home, Jr. and Harry D.

Wilson, Jr., Petitioners v. Blue Shield of Massachusetts, Inc.; and MONDAY, APRIL 15, 1985 571

No. 84-1354. Grant V. Rodkey, et al., Petitioners v. Blue Shield of Massachusetts, Inc. The motion of American Medical Association for leave to file a brief as amicus curiae is granted. The motion of Ball Memorial Hospital, Inc., et al. for leave to file a brief as amid curiae in No. 84-1353 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-5339. Jimmy C. Wingo, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6073. Lane Nelson, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6224. Billy Wayne Waldrop, 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. 84-6250. Charles Milton, Petitioner v. Raymond K. Procunier, 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. 84-6251. Kenneth F. Nuckols, 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. 84-6285. Rufus Lee Averhart, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6348. Johnny Copeland, Petitioner v, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6442. Vamall Weeks, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-5819. Arthur Martin Boyd, Jr., Petitioner v. North Carolina. The petition for a writ of certiorari to the Supreme Court of North Carolina is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-5843. Wardell Patterson, Jr., Petitioner v. South Carolina. The petition for a writ of certiorari to the Supreme Court of South Car- olina denied. Dissenting opinion by Justice Marshall in this case and in No. 84-5850, post, with whom Justice Brennan joins.

No. 84-5850. Paul F. Koon, Petitioner v. South Carolina. The petition for a writ of certiorari to the Supreme Court of South Carolina 572 MONDAY, APRIL 15, 1985 denied. Dissenting opinion by Justice Marshall in this case and in No. 84-5843, ante, with whom Justice Brennan joins.

No. 84-6123. Newton Collier Estes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 84-6154. Charles M. Albanese, Petitioner v. Illinois. The petition for a writ of certiorari to the Supreme Court of Illinois denied. Dissent- ing opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-6182. William Eutzy, Petitioner v. Florida. The petition for a writ of certiorari to the Supreme Court of Florida denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 84-6286. Thomas Graves, Petitioner v. Sheriff Hester, et al. The application for injunction addressed to Justice Stevens and referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Habeas Corpus Denied

No. 84-6317. In Re Michael C. Antonelli, Petitioner; No. 84-6368. In Re Quintin Irving Brown, Petitioner; and No. 84-6429. In Re Royal D. Ross, Petitioner. Petitions for writ of habeas corpus are denied. Mandamus Denied

No. 84-6297. In Re George A. Hellwarth, Petitioner. Petition for writ of mandamus is denied. Rehearings Denied

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 83-1416. National Labor Relations Board, Petitioner v. Action Automotive, Inc. The petitions for rehearing are denied.

No. 84-355. New York, Petitioner v. Lemuel Smith;

No. 84-890. Emory Worth Brown, Jr., Petitioner v. United States; No. 84-896. In Re Henry Anderson, Petitioner;

No. 84-897. Fred Tesch, etc., et al., Petitioners v. Robert E. McCurry, et al.; MONDAY, APRIL 15, 1986 573

No. 84-911. Erich Koker and Beatrice E. Koker, Appellants v. Noel B. Sage and Winetta Sage;

No. 84-937. Wesley K. Bell, etc., Appellant v. New Jersey, et al.;

No. 84-952. Julius M. Gerzof, Appellant v. Grievance Committee for the Tenth Judicial District;

No. 84-1031. Communications Satellite Corporation, Appellant v. Franchise Tax Board;

No. 84-1034. Walter G. Finch, et al.. Petitioners v. Hughes Aircraft Company;

No. 84-1057. Ophus A. Hutcherson, Jr., et al.. Petitioners v. Board of Supervisors of Franklin County, Virginia, et al.;

No. 84-1074. Lowell M. Stroom, Petitioner v. James E. Carter, etc.,

et al.;

No. 84-1095. Henry B. Fitzpatrick Jr., Petitioners I. V. DiMartino, Judge, Superior Court, Law Division, etc., et al.;

No. 84-1153. Jack Otto, Petitioner v. United States;

No. 84-5821. Tafford Lee Holman, Petitioner v. Illinois;

No. 84-5845. John Thomas Noland, Jr., Petitioner v. North Carolina;

No. 84-5925. Vemita Nuey, Petitioner v. Departmental Disciplinary Committee for the First Judicial Department;

No. 84-6020. Annie A. Montgomery, Petitioner v. National Multiple Sclerosis Society;

No. 84-6037. Matthew Faison, Petitioner v. E. B. Davis, Judge, et al.;

No. 84-6044. Roy Anderson Day, Petitioner v. James DeAnda, Judge, et al.; No. 84-6107. Burl Anderson Howell, Petitioner u Maryland; and

No. 84-6169. Joel Levine, Petitioner v. United States. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

MacAllynn J. Achee Baton Rouge, LA Warren Joseph Hebert Marc Thomas Amy Abbeville, LA Silas Berry Cooper Jr. 574 MONDAY, APRIL 15, 1985

Applicant City and State Movant

David C. Anson Tucson, AZ James William Brammer Jr. Suzanne B. Antippas New York, NY Patrick William McGinley Jeffrey R. Appelbaum Cleveland, OH Daniel W. Hammer Edmund Douglas Aycock Raleigh, NC John Richard Jordan Jr. James 0. Bass Jr. Nashville, TN John Bradbury Reed David Francis Bennett Danbury, CT David Lewis Nohe Jerry Earl Benson Watonga, OK Harold Bowen McMillan Jr. James Robert Benson Jr. Denver, CO Anthony F. Zarlengo Andrew Geoffi"ey Berg Philadelphia, PA Miles Kirkpatrick Eduardo A. Betancourt San Juan, PR Ciro Angel Betancourt Stevan Lenoir Black Memphis, TN Jay Alan Hanover Lawrence J. Block Stamford, CT William Hughes Mulligan Ronald L. Blunt Kansas City, MO WiUiam French Smith David John Branson Washington, DC Paul Lawrence Friedman Todd Gordon Brower Capistrano Beach, David W. Casey CA Randal Bruce Brown Lincoln, NB Michael D. Gooch Earl Vincent Brown Jr. Birmingham, AL Michael H. Grottesman KreigJ. Brusnahan Cleveland, OH Lloyd Odom Brown Richard J. Burdge Jr. Los Angeles, CA John F. Kimberling Steven Paul Cahn New York, NY Stanley Neil Lupkin William C. Campbell II Largo, FL Waldense D. Malouf MONDAY, APRIL 15, 1985 575

Applicant City and State Movant

Richard Alan Cantor Washington, DC Thomas J. Korge Linda F. Close Minneapolis, MN Kent Gregory Harbison John William Cochrane Los Angeles, CA Paul J. Hall Paul E. Coggins Jr. DaUas, TX Charles Ray Haworth Charles T. Coleman Little Rock, AR William Dixon Haught J. Polk Cooley Rockwood, TN Edwin Hope Rayson Terry L. Crabtree Bentonville, AR William H. Enfield Conrad F. Cropsey Albion, NY Fred Queller J. Burke Culler Jr. West Palm Beach, Larry Alan Klein FL Sebastian D*Amico San Diego, CA Frank J. Ragen II Louis Carmen Damiani Cleveland, OH Judge Frank D. Celebrezze Robert Howard Davis Jr. Charleston, WV Robert B. King John Richard Denneny Oklahoma City, Frederick Page OK Dobson David M. Donovan Little Rock, AR Alston Jennings Gianni R. Driller Irvine, CA Charles Eugene Weber Clifton S. Elgarten Washington, DC Donald L. Flexner David B. Farer Westfield, NJ William A. Dreier Henri Thomas Felix II Philadelphia, PA A. Grant Sprecher Richard Julius Fernandez Metairie, LA John Wheadon deGravelles Jack Fersko Westfield, NJ Henry Farer Gerald Thomas FitzGerald New Bedford, MA Lance J. Garth David Philip Franks Garden City, NY Frank Louis Amoroso Christopher Anthony Rome, GA Ronald G. Shedd Frazier William J. French Milwaukee, WI Wayne J. Roper Karl A. Fritton Philadelphia, PA A. Grant Sprecher Dorothy Wilkerson Fuller Chicago, IL Preston L. Bowie Jr. 576 MONDAY, APRIL 15, 1985

Applicant City and State Movant

Robert E. Garfield Cleveland, OH Lawrence H. TTlFriedlander• 11 1 L. William Gawlik Baltimore, MD Ambrose T. Hartman

— A • TTT T7;_ 1— J XTT TH ITT Cosmo A. Giovmazzi III Vmeland, NJ Franklin J. Riesenburger Richard Alan Glassman Avon, CT Curtis Vest Titus TT XTTr T^ • 1 1 Lawrence Alan Gottfried Hauppauge, NY Richard G. HandlerTT 11 Adele Graham NewXT York,1 NYXTXT NathamelXT xl- • 1 RaphaelT> 1_ 1 Jones T _i 111 _ T^^T Charles D. Greenwell Louisville, KY Albert Fontame Reutlinger Joseph Marion Grimn Charlotte, NC Frank Bayard A -.^^^1.. TTT AycocK ill

THr J. AT /~»1 1 T71 1 1 Mark D. Grimn Montgomery, AL Charles Edward Crumbley

T^ • 1 1 T^ Donna Provmce Grill Houston, TX Richard Peter Delaney TT^ _L T 1 T 1 A 11 TT 1 Curtis J. Grodin Fort Lauderdale, Allan Howard r"CTL lerl Nicolaus R. Harkins Reno, NV Clarence Clifton Young

T> J- H iT A /^l TTl 1 • 1 Jon Eric Hayden Boston, MA Chas. Frederick Carson Ruff Wmiam Michael Hayes Orange, CA Robert P. DesJardins

T* T^ T> i • 1 Steven Ross Helling Casper, WY R« R. Bostwick T^ 1 ^ T 1* TT T A 1 A A 11 j_ T Robert Leslie Hess Los Angeles, CA Albert Lee Stephens Jr.

A 1 T^ TT* T i* 1 Stephen R. Himeifarb Washington, DC Michael G. Wechsler Jose Lauro Hinojosa Houston, TX Horace Frederick Brown Jr. John Kevin lanno Washington, DC David Othel Vollenweider III John Michael latesta Chatham, NJ Edward G. D'Alessandro V

MONDAY, APRIL IS, 1985 577

Applicant City and State Movant

James it. irwin oeaiLie, w j\ jjavia r . J urea Willi QTTi W T-rlar Tr Afionfo nA Tviwfii'itr i'o+'a'i» TrtM^o

Thomas Humphrey Jackson Redwood City, jonn iiart Jiiiy

Gregory G. Jaeger rsew isrunswicK, James jj. lYiariui iNJMT jr.

T U TT 1 Wayne Joseph Keeiey IN ew I orK, iN 1 James Louis r ibcner i5ri2Ln 1. i\.enner DOSlOn, iVlii v^naries iv.

XParrottAX X V/w

Pliilin l\TQi"lf TTinor ITXCxl^CX lOXCUiU, vjruXAiUii X X oxicxo WA CrandallWX CUIUCUX

Xhomas .1 TCliphprt .Tr (rram\JIX CUXXCXpreVtf V XJ,XXLA XPhilinXXXXXL^ RXV. CollinsV,/ V./IHI AO Jr f

XvULytSX U JLi. XVUVCUXo Rn^tnn MA r^,Vjas TT'TpdpTiplc Carson Ruff

GlendaleVJXCXivtaiXC, CAV^XX xvuxxaxuRmiald Kt.Tnhnv/xxxx Skocypec v.Tptt^v^x X jr R . TCraic^xjhX Axg Clevelandv/xw V cxcuxvt, OHvyxx tM.T . XTXxv^xxacxMiohapl xTxMiirravux X a jr AcLTon ivieyer ijamperL Mpw Ynrl' MV joines isruce £JioCliUCx1 QPTl hpTcrg

V^XXXUriinHvV SVipllpnhpTcrPTkJllCXXCllUCX gcx XTIMiamiIrtlllx, XF'TiXJ r^lisiTlpnp MillpT

JiJCvtCXTiPHpTmanXXICUX f^aTTPSV>/ AX X CO weUIlcS V^loxA. iJCtfCIl T nnia MO VjxUVcxiLyfWT^t* rl.A

XPerric^eWX X Xg vlW IIIXXX

XfcCfcXTTaTPTiCXI XTXWV^CUl^prâTtvUV XJUXXVXCUIXTiiinHalil Olvmnia ^Â XJlUjrlXTilnvH ^îlliamTT liHOixXi Peterson

XvVJKf^MRohpTtw DX/. XJUOXuXlTjUs?lci'n IVashino+nnTT ClOXXXXlgbUXX, Xy\JTiC] ti.TnspnViv/ocLyxx x^ . vyxxcxvOnplc

WilliamT XXXXCUXX FX • MadprprXTXCkVXCX cx kkjWIJuV^XXScotch XPlainsXAXXXiS, XÛNJ DavidCk V XU ITXM . SatzA UJrX . 'I'HOTTmc 15^T^T1/^1C T/Âi X IlUIIlao X X cUlClo iTXclxINToT^lônoilcUl ourLLIlgLUIl, i>tJ JUcl OciljAlxlillTR^moTmn xvUxlxl n Pi/iViorrl xxUgll xb. iVlLvÛIIlUo «Jx. V>niC

tiJnVinsnnViXXXXOV/XX

Tirts (/Jamp^CUXXCO W^TT . XTXV^X^V^XICUUMoDonalH XJUQ xVllgClCO,AncplpQ V_/x^A XjCUIIAXTiPnnaTvlIX ITX.M^

XTr^aT^TTiJuriCX tXilAXX

JospdH Richard McDonoiie'h N^pwaTlf M.T XVXvXXAXRichardVX TX . McDonough Douglas C. McNabb Houston, TX Keith Dunston Hackney 578 MONDAY, APRIL 15, 1985

Applicant City and State Movant

Steven Latham Micas Richmond, VA Joseph Paul Rapisarda Jr. Jeremy M. Miller Costa Mesa, CA David W. Casey Jercrey L. iVimcKS Colonial Heights, Joseph Paul VA Rapisarda Jr. Eric Vaughn Moye New York, NY Archibald Cox Kobert reter Mulvey JNew I orK, JN 1 Martin R. Gold Darryel Boaz Nacua San Francisco, CA Richard Samuel Kohn Raul Noriega El Paso, TX Jose Garza Konaid Kay Norton Hilton Head, oC William L. Bethea Jr. Demse M. U Brien Wasnington, DC Kenneth Martin Worthy Lawrence J. Offher Jr. Long Beach, OA James E. Sutherland

Mark Steven Olinsky JNew lorK, JN 1 Jonathan Dick Siegfried Bonita L. Olson Seattle, WA Francis Ralph Matera Carol Boyd Ostrom Los Angeles, CA Richard Albert Neumeyer Mark Anthonv Otto Npwton TA Ennis McCall Mary A. Overgaard Portland, OR Rae Ann Fichtner Charles Vincent Peppier Coral Gables, FL Roy Bonder Gonas Joseph M. Pinto Mt. HoUy, NJ Joseph F. Polino Robert A. Pitcaim Jr. Cincinnati, OH Robert G. Stachler Lowell Thomas Price Jr. Tulsa, OK J. Douglas Mann Samuel Joseph Rabin Jr. Miami, FL Joel Hirschhom

XVvfVOCVdORfM^QPVplt XVCUlvlVyXL/llRjinHnlnh Tallaha

| Arthur Seymour RoUin Chicago, IL John Roggen f Schmidt Nathaniel Magnes Bangor, ME Robert Sargent Rosenblatt ShriverJr.

ii i

MONDAY, APRIL 15, 1985 579

Applicant City and State Movant

XT Tr 1 XTTT Neal M. Rosenbloom New York, NY Harvey L. (jrOldstem Alan Sigmund Rosenfield Los Angeles, CA Allan Maxwell Bower George Cooper Rudolph Newport Beach, Morton Rosen

Robert Lee Rumsey III Sylacauga, AL James Middleton Sizemore Jr. Michael J. S. Rusing Tucson, AZ William H. Tinney Jr. Sonja L. Salo Atlanta, LrA William ueimar bmitn William Albert Schmalzl Chicago, XL Edward C. Rustigan Frederick Thomas Bloommgton, IN Patrick Louis Schomhorst Baude Gordon Marc Shapiro uaiias, lA James Lienox TVni+firuiLt

Steven Paul Sherick XVUUCX b

Patrick A. Shoulders UVCUlOVillC, Xlri

Martin F. Siegal Westfield NJ XXCllX jr X CU Cx Michael N. Silver jrniiaaeipnia, rj\ iNorman oegai Gail Lindsay Simmons wasmngton, Gerard Francis Doyle John Howard Skarbnik west L/range, inj jacK iiaron oKarunin.

Richard Alan Soberman IN ew 1 orK, JN 1 John J. Palmer Henry J. Sousa Jr. r^orton, ma otanley D,

Gary A. Spiess ijOotOn, VILA v^nas. r reuericK

\jALO\fll XVUXX

Thomas J. Spina RiTminorham AT. U.J k^bC^llCll?5tpnhpn OCUUCXSaltpr Mark S. Stein iNew vyFieans, LiA xiarry d. j\.euener Michael Joseph Stepanski Frpd Ralnh Ball David T. Stowell Los Angeles, CA Philip W. Boesch Jr. Milwaukee, WI Wayne J. Roper 580 MONDAY, APRIL 15, 1985

Applicant City and State Movant

James Edward Swiger Alexandria, VA Richard Edward Trodden Linda J. Theis Minneapolis, MN Reed King Mackenzie Braden Vandeventer Norfolk, VA Charles Faulkner Tucker Gregory Stephen Vitali Havertown, PA Hugh J. Bracken Ann Adele Walker Meadville, PA Robert L. Walker Sharon J. Waters Riverside, CA James D. Ward Richard A. Wiley Boston, MA Chas. Frederick Carson Ruff Frank Moseley Wilson Montgomery, AL Robert D. Segall Carl M. Wright Boulder, CO Maurice H. Klitzman Donald Frederick Wright Melbourne, FL Joseph Riggs Creighton A. Carl Yaeckel Jr. San Diego, CA Judy Clare Clarke Ronald 0. W. Ylitalo Stillwater, MN Robert A. Stein R. Van Young Louisville, KY Donald Herbert Balleisen John Pavid Ziober Baton Rouge, LA James S. Holliday Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

John Stephen Gleason III Cape Elizabeth, Solicitor General ME Rex E. Lee William Scott Henwood Atlanta, GA Henry Curtis Lind Ileen Ann Pollock Swerdloff Hartford, CT Francis John Lorson Mark Harris Swerdloff Hartford, CT Francis John Lorson Robert L. Wright Fort Worth, TX Thomas Jay Hart Donald D. Bemardi Pontiac, IL Eileen Beth White Jill Johnson-Pennington Shaker Heights, David M. Rickless OH John F. Daly Washington, DC Robert L. Wald MONDAY, APRIL 15, 1985 581

Applicant City and State Movant

Robert L. Hobson San Francisco, CA Bruce Austin Beam Martin Thomas Farmer Chicago, IL Theodore Arnold Doremus Jr. Susan K. Gordy Chicago, IL Theodore Arnold Doremus Jr.

Oral Arguments

No. 83-1624. United States, Petitioner v. James Vincent Albertini. Argued by Mr. David Aaron Strauss for the petitioner and by Mr. Charles Stephen Sims for the respondent.

No. 84-363. Northeast Bancorp, Inc., et al., Petitioners v. Board of Governors of the Federal Reserve System, et al. Argued by Mr. Ste- phen M. Shapiro for the petitioners, by Mr. Solicitor General Rex E. Lee for the federal respondent, and by Mr. Laurence Henry Tribe for the respondents, Bank of New England Corp., et al. No. 84-498. United States, Petitioner u National Bank of Com- merce. Argued by Mr. Albert G. Lauber, Jr., for the petitioner and by Mr. Terry F. Wynne for the respondent. No. 84-679. Bateman Eichler, Hill Richards, Incorporated, Peti- tioner V, Carl F. Bemer, et al. Argued by Mr. Robert S. Warren for the petitioner, by Mr. Geoffrey P. Knudsen for the respondents, and by Mr. Bruce N. Kuhlik for the Securities and Exchange Commission as amicus curiae in support of the respondents, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. X /V (JOURNAL) TUESDAY, APRIL 16, 1985 583 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Juleann Homyak Springfield, IL Richard J. Durbin Gary Lloyd Smith Springfield, IL Richard J. Durbin Lynn N. Fisher Wihnington, DE Hoge T. Sutherland Thomas Nello Giaccherini Los Angeles, CA John E. Benoit

Opinions

No. 84-76. Nell Hunter, et al., etc.. Appellants v. Victor Underwood and Carmen Edwards, etc. Appeal from the United States Court of Ap- peals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Justice Powell took no part in the decision of this case.

No. 83-1748. Allis-Chalmers Corporation, Petitioner v. Roderick S. Lueck. On writ of certiorari to the Supreme Court of Wisconsin. Judg- ment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Justice Powell took no part in the decision of this case.

No. 83-1075. Central Intelligence Agency, et al., Petitioners v. John Cary Sims and Sidney M. Wolfe; and

No. 83-1249. John Cary Sims and Sidney M. Wolfe, Petitioners v. Central Intelligence Agency and William J. Casey, Director, Central Intelligence Agency. On writs of certiorari to the United States Court of Appeals for the District of Columbia 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. Opin- ion by the Chief Justice. Opinion by Justice Marshall concurring in the result with whom Justice Brennan joins.

No. 84-68. Kerr-McGee Corporation, Petitioner v. Navajo Tribe of Indians, et al. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment affirmed. Opinion by the Chief 584 TUESDAY, APRIL 16, 1985

Justice. Justice Powell took no part in the consideration or decision of this case.

Oral Arguments

No. 84-320. National Farmers Union Insurance Companies and

Lodge Grass School District No. 27, Petitioners v. Crow Tribe of Indi- ans, et al. Argued by Mr. Clay Riggs Smith for the state of Montana, as amicus curiae in support of the petitioners, by special leave of Court, by Mr. Rodney T. Hartman for the petitioners, by Mr. Clarence T. Belue for the respondents, and by Mr. Louis Fenner Claiborne for the United States as amicus curiae in support of the respondents by special leave of Court.

No. 84-310. In Re Robert J. Snyder, Petitioner. Argued by Mr. Da- vid L. Peterson for the petitioner and by Mr. John J. Greer for respondent, United States Court of Appeals for the Eighth Circuit.

No. 83-1925. Hillsborough County, Florida, et al.. Appellants v. Automated Medical Laboratories, Inc. Argued by Ms. Emeline C. Acton for the appellants, by Mr. Paul J. Larkin, Jr., for the United States as amicus curiae in support of the appellants, pro hac vice, by special leave of Court, by Mr. Larry A. Stimipf for the appellee, and by Mr. Richard Landfield for the American Blood Resources Association as amicus curiae in support of the appellee, by special leave of Court.

No. 84-849. Kentucky, dba Bureau of State Police, Petitioner v. James E. Graham, et al. Argued by Mr. George M. Geoghegan, Jr., for the petitioner and by Mr. Jack M. Lowery, Jr., for the respondents.

Adjourned until tomorrow at 10 o'clock. (JOURNAL) WEDNESDAY, APRIL 17, 1985 585 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-1360. Leonard Webb, Petitioner v. County Board of Educa- tion of Dyer County, Tennessee, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Stevens. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Blackmun joins. Justice Marshall took no part in the consideration or decision of this case.

No. 83-2146. Richard Wilson and Martin Vigil, Petitioners v, Gary Garcia. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice Stevens. Dis- senting opinion by Justice O'Connor. Justice Powell took no part in the decision of this case.

No. 82-1889. Springfield Township School District, et al. , Petitioners

V. Madelin H. Knoll. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment vacated and case remanded to the Court of Appeals for further consideration in Ught of Wilson v. Gar- cia, 471 U. S. (1985). Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Ellen Carole Currin Raleigh, NC Sam Kazman

Oral Arguments

No. 84-589. Paul Edmond Dowling, Petitioner v. United States. Ar- gued by Mr. Michael D. Abzug for the petitioner and by Ms. Carolyn Frances Corwin for the respondent.

No. 84-648. Sedima, S. P. R. L., Petitioner v. Imrex Company,

Inc. , et al. Argued by Mr. Franklyn H. Snitow for the petitioner and by Mr. Richard Jordan Eisenberg for the respondents. 586 WEDNESDAY, APRIL 17, 1985

No. 84-822. American National Bank and Trust Company of Chi- cago, et al., Petitioners v. Haroco, Inc., et al. Argued by Mr. Donald E. Egan for the petitioners and by Mr. Aram A. Hartunian for the respondents.

No. 84-778. Maryland, Petitioner v. Baxter Macon, Argued by Ms. Deborah K. Chasanow for the petitioner and by Mr. Burton W. Sandler for the respondent.

Adjourned until Monday, April 22, 1985, at 10 o'clock. X (JOURNAL) MONDAY, APRIL 22, 1985 587 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-1281. Watson Marine Services, Inc., Appellant v. Kliebert

Educational Trust, et al. Appeal from the Court of Appeal of Louisiana, Fifth Circuit. The appeal is dismissed for want of a substantial federal question.

No. 84-1380. Fred W. Albiutt, Sr., Appellant v. Maryland. Appeal from the Court of Special Appeals of Maryland. The appeal is dismissed for want of a substantial federal question.

No. 84-1429. James Gilbert, Appellant v. University of Tennessee,

et al. Appeal from the Court of Appeals of Tennessee, Western Divi- sion. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 82-1928. Officer Swyka, et al. , Petitioners v. Carl Lee Johnson. 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 Ught of Wilson v. Garcia, 471 U.S. (1985).

No. 84-706. Thomas Larson, etc., et al.. Petitioners v. Francis W. Fitzgerald. 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 consid-

eration in Ught of Wilson v. Garcia, 471 U.S. (1985).

Orders in Pending Cases

No. D-470. In the Matter of Disbarment of Frank Alan Hayes. Dis- barment order entered. 588 MONDAY, APRIL 22, 1985

No. 88, Original. State of California, Plaintiff v. State of Texas, et al. The joint petition for an order with respect to fees and expenses of the Special Master is granted and it is ordered that the Honorable Wade H. McCree, Jr., is awarded the sum of $50,000 as compensation for his services as Special Master and that his disbursements of $2,246.74 is allowed. It is further ordered that the fees and disbursements be paid in equal parts by the State of California, the State of Texas, and William R. Lummis and First Interstate Bank of Nevada. The order of Court entered December 13, 1982, is vacated. This case having been dismissed on stipulation pursuant to Rule 53.1 of the Rules of this Court, it is further ordered that the Special Master is hereby discharged. No. 84-262. Mountain States Telephone and Telegraph Company,

Petitioner v. Pueblo of Santa Ana. The motion of respondent for leave to file supplemental brief after argument is granted.

No. 84-310. In Re Robert J. Snyder, Petitioner. The motion of petitioner for leave to file reply brief, out-of-time, is granted.

No. 84-801. Midlantic National Bank, Petitioner v. New Jersey De- partment of Environmental Protection; and

No. 84-805. Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Re- sources Corporation, Debtor, Petitioner v. City of New York, et al; and Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Resources

Corporation, Debtor, Petitioner v. New Jersey Department of Envi- ronmental Protection. The motion of Thomas H. Jackson for leave to file a brief as amicus curiae is granted.

No. 84-1198. Texas, Petitioner v. Sanford James McCuUough. The motion of respondent for leave to proceed informa pauperis is granted.

No. 84-1244. Susan J. Davis, et al., Appellants v. Irwin C. Ban- demer, et al The motion of appellants to expedite and schedule oral argument during 1984 Term is denied.

No. 84-6506. Billy Verlin Bewley, Petitioner v. Oklahoma. The application for stay addressed to Justice Brennan and referred to the Court is denied.

Certiorari Granted

No. 84-1236. Donald A. Cabana, Superintendent, Mississippi State

Penitentiary, et al.. Petitioners v. Crawford Bullock, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. MONDAY, APRIL 22, 1985 589

No. 84-6263. James Kirkland Batson, Petitioner v. Kentucky. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Kentucky granted.

Certiorari Denied

No. 83-2131. City of Overland Park, Kansas, et al.. Petitioners v. Kenneth W. Hamilton. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-2140. Murray City, et al.. Petitioners v. Craig K. Mismash. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6676. Dolores Garcia, Petitioner v. Lawrence P. Ingram. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-7047. Walter McClure, Petitioner v. Demas Esparza, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-663. Mark G. Minnis, Petitioner u United States Department of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-894. Illinois, Petitioner v. Thomas Fogel. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 84-1028. News Publishing Co., dba Rome News Tribune, Peti- tioner V. Brondon E. DeBerry. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 84-1036. Anthony Materia, 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. 84-1039. Harry F, Olson, Petitioner u William D. Leeke, Com- missioner, Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1063. Jack S. Foster, et al.. Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 84-1068. Mary Jane Stubbs, Administratrix of the Estate of

Dawn Maxine Stubbs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 590 MONDAY, APRIL 22, 1985

No. 84-1083. L. Ann West, as Mother and Administrator of the Es- tate of Lorri West, et ai.. Petitioners u United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 84-1112. Fleet Finance, aka Southern Discount, Petitioner v. Kenneth C. Moyer and Lydia S. Moyer. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1116. Louisiana, Petitioner v. Charles Jackson. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 84-1216. Glen Adkins and Tom Adkins, Petitioners, v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1317. Richard (Dick) J. Ackerman, Sheriff of Bonneville

County, et al.. Petitioners v. Julie Ann Giles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1358. Leo Greenfield and Leo Greenfield, P.A., Petitioners v. Thomas D. Wood, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1359. Jackie Collins Lerman, Petitioner v. Flynt Distributing Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1364. Robert J. Williamson, Petitioner v. John P. GiUmor. Petition for writ of certiorari to the Intermediate Court of Appeals of Hawaii denied.

No. 84-1370. Amy Austin, a minor, et al.. Petitioners v. Brown Local School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1375. John Alfred Jett, Sr., Petitioner v. Katherine Bridges Jett. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 84-1389. City of Burbank, etc., et al.. Petitioners v. Cinevision Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1390. Max M. Wilson and Helen M. Wilson, Petitioners v. Pogo Producing Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-1394. Hugh M. Matchett, Petitioner u Chicago Bar Associa- tion, etc., et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. MONDAY, APRIL 22, 1985 591

No. 84-1395. Lotz Realty Co., Inc., et al.. Petitioners v. Anti-Defa- mation League, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1401. Martina Mae Carpenter, Petitioner v. City of Pasco, Washington. Petition for writ of certiorari to the Superior Court of Washington, Franklin County, denied.

No. 84-1411. Arkansas-Best Freight System, Inc., Petitioner u Lloyd Barrentine, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1431. Gloria R. Smith, et al.. Petitioners v. Ronald E. Soren- sen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-1443. Thompson Building Materials Incorporated, Petitioner

V, Board of Trustees of the Western Conference of Teamsters Pension Trust Fund. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1451. Bennett Edward Baker, Petitioner v. Seaboard System Railroad, Inc., etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1460. All Alexander L. Kielland Litigants, Petitioners v. Phillips Petroleum Company Norway, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1477. Howard L. Moon, Petitioner v. Secretary, United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1511. Servotech International Establishment, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1512. Charles Soteras, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1516. Mario Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5714. Charles Lewis Ellison, Petitioner v. Robert M. Lan- don, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 592 MONDAY, APRIL 22, 1985

No. 84-5827. Luis Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-5905. John J. Fitzpatrick, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6018. Alphonzo Harrison, Petitioner v. Larry Meachum, Di- rector, et ai. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6069. Dennis Wayne Hinkle, Sr., Petitioner v. Nels C. Moss,

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

No. 84-6086. Hiram L Cobb, Petitioner v. Norman G. Owens, Super- intendent, Indiana State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6298. Theodis Lockett, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6305. Luis Llanes Quiroz, Petitioner v. Donald Wawrzaszek, Administrator, Arizona State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6307. Ernest Perkins, Petitioner v. Neil F. Hartigan, Attor- ney General of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6309. Muhanmiad Ali, Petitioner u Ford Motor Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6312. Mary Meldrum, Petitioner v. Patrick D. Campbell. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 84-6318. Rudolph Lucien, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of lUinois, Second District, denied.

No. 84-6320. Roy Anderson Day, Petitioner v. Reagan Cartwright, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 84-6321. James Thomas Patterson, Sr., Petitioner v. Charter Fi- nancial Group, Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, APRIL 22, 1985 593

No. 84-6322. James Thomas Patterson, Sr., Petitioner v. Buena Vista Distribution Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6327. Mary Lynne Hyde, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 84-6335. Arthur Henry Berghahn, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-6337. Taylor Fitzgerald, Petitioner v. James Jordan, Super- intendent, Cook County Juvenile Detention Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6339. Richard G. Alberton, Petitioner v. State Bar of Califor- nia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6340. Roy Anderson Day, Petitioner v. Amoco Chemicals Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6342. James R. Gustafson, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 84-6345. Jane Doe, Petitioner v. Board of Bar Overseers of Massachusetts, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 84-6365. Gary Gochnour, Petitioner v. John 0. Marsh, Jr., Sec- retary of the United States Army. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6374. Larry Frazier, Petitioner v. Raymond M. Lopes, Con- necticut Commissioner of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6378. Francis Maxwell, Petitioner v. Borden, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6438. Kenneth William Valles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6441. Fanny Lidia Sloan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 594 MONDAY, APRIL 22, 1985

No. 84-6443. Wardie 0. Pride, Jr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6446. Donald Burton Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6456. David Bryant Bums, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6457. John T. Lopez, 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. 84-6463. Edward Warren Winterhalder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6361. Heraldo J. Manzanares, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. Justice White would grant certiorari. No. 84-1009. Jon C. Bailey, Randy E. McCaslin, John R. Findlay and

Rodney Leifheit, Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. Justice Bren- nan and Justice Marshall would grant the petition for a writ of certiorari and reverse the judgment of the Appellate Court of Illinois, Second District.

No. 84-1062. Nancy H. Gee, Petitioners. Claude D. Boyd, III, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice WTiite with whom Justice Brennan and Justice Marshall join.

No. 84-1239. Margaret Young, Petitioner v. John F. Lehman, Jr., Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White, Justice Blackmun and Justice O'Connor dissent and 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 Fourth Circuit for further consideration in light of Anderson v. City of Bessemer City, North Carolina, 470 U.S. (1985).

No. 84-1350. Waiter W. Cohen, etc., et ai., Petitioners v. Nancy Betson, Annabeile Woodard and Cynthia Williams. The motion of respondents Betson and Woodard for leave to proceed in forma paupe- MONDAY, APRIL 22, 1985 595

ris is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1357. United States, Petitioner v. John Henry Morgan. 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. Justice White and Justice Blackmun would grant certiorari.

No. 84-1386. Michael J. Morrissey, Petitioner v. William Morrow and Company, Inc., and Bantam Books, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Rehnquist took no part in the consideration or decision of this petition.

No. 84-1470. Clarence Francois, Petitioner v. Raybestos-Manhattan,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Powell would grant certiorari.

No. 84-5972. Jack Harry 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. 84-6145. Liane Rowena Estrella Reyes, Petitioner v. Immigra- tion and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White dissenting from denial. Because the decision in this case conflicts with Bolanos-Hemandez v. INS, 749 F. 2d 1316 (9th Cir. 1984), I would grant certiorari in this case.

Mandamus Denied

No. 84-6344. In Re David Ely, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 83-1065. County of Oneida, New York, et al.. Petitioners v. Oneida Indian Nation of New York State, etc., et al. The petition for rehearing is denied. No. 83-1452. R. Anthony Marrese and Michael R. Treister, Petition-

ers V. American Academy of Orthopaedic Surgeons. The motion of petitioners for clarification is denied. The petition for rehearing is denied. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this motion and this petition. 596 MONDAY, APRIL 22, 1985

No. 84-532. Marjorie H. Rowland, Petitioner v. Mad River Local School District, Montgomery County, Ohio;

No. 84-5548. Larry Raymond Smith, Petitioner v. Arnold R. Jago, Superintendent, London Correctional Institution;

No. 84-5811. John Gacy, Petitioner v. Illinois;

No. 84-6082. Joseph J. Attwell, et al., Petitioners v. United States Postal Service, et al.;

No. 84-6173. Bemie J. E. Dingle, Petitioner v. Calvin D. Simpkins, Administrator, etc.;

No. 84-6273. Joseph L. Mullins, Petitioner v. Ohio; and

No. 84-6315. In Re Jessie D. McDonald, Petitioner. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Order

It is ordered that the call of the calendar, except for special assign- ments, be suspended for the Term upon the conclusion of the arguments in the cases listed for hearing this week.

Recess Order

The Court will take a recess from Monday, April 29, 1985, until Mon- day, May 13, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Andrew W. Albstein New York, NY Harvey L. Goldstein Margaret E, Ban* St. Petersburg, William Leonard FL Penrose Norman Basner New York, NY Donald Irwin Steinman Wayne L. Benjamin Albany, NY William Joel Kogan Curtis Gene Berkey Washington, DC Robert Timothy Coulter Marshall Shelby Bums Jr East Lansing, MI Clinton Canady III ^

MONDAY, APRIL 22, 1985 597

Applicant . City and State Movant

XT XTT Anthony b. Oallori Newark, NJ Robert Laurence i ortoriello

jjonaia xi. i^arison iviuwauKee, wi r ranK i . v^riveiio Michael A. Casale JNutiey, JNJ Angelo R. Blanch!

Jill A. Checkoway Liewiston, iviiii KODert Checkoway David Barry Cohen Oliver opring, iviu iviicnaei raui DeGeorge

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Heather Georgakis Santa Barbara, J. WiUiam CA McLafferty Jr. Joel M. Greene Olympia, WA William David Dexter 598 MONDAY, APRIL 22, 1985

Applicant City and State Movant

Selden B. Hale III Amarillo, TX Thomas Atkinson Curtis Judy E. Hamilton San Diego, CA James Stuart Farley Gretchen Ann Grover Oklahoma City, Don Gardner Harris OK Holladay David L. Hollenbeck Valparaiso, IN James Stephen Bozik Robert D. Horowitz Canton, OH James R. linger Mark Gorman Howard Houston, TX Richard Peter Delaney John Michael Husband Denver, CO Gordon G. Greiner Thomas G. Kieviet Anaheim, CA Philip Salvatore CifareUi Barry P. King Los Angeles, CA Michael P. King Steven Craig Kohl Muskegon, MI William Carl Marietti Maurice Udell Lazarus Minneapolis, IN Michael Carlan Hickey Gary Mayer Lightman Harrisburg, PA Harry Benjamin Goldberg David Michael McGlaughlin Philadelphia, PA Alan Ellis Louis James Menendez Juneau, AK Robert H. Wagstaff Gary David Michaels Washington, DC Warren L. Dennis Herman Bradford Miller Jr. Midland, TX Rhea D, Sanderson Robert Mills Washington, DC Harlan William Penn Marshall J. Moltz Chicago, IL Leon Charles Wexler Charles Helvetius Mottier Chicago, IL Berton Scott Sheppard Lawrence Elwyn Mullally Oakland, CA Lyle Edwin Cook John Kenneth Myers MarshaU, MN Robert A. Stein George Henry Newman Philadelphia, PA Alan Ellis Lawrence B. Orr Florence, SC Saunders M. Bridges .

MONDAY, APRIL 22, 1985 599

Applicant City and State Movant

Shirley Lynne Phelps- Topeka, KS William Gene Roper Haynes Dagmar Pollex Boston, MA Kurt M. Pressman Catherine Quinones San Antonio, TX Melvin Neil Eichelbaum Dale Reid Beverly Hills, CA Stanley W. W. Kesselman Howard Schell Reilly Newburgh, NY Edward John Tuddenham Zona Sage Oakland, CA Lawrence L. Duga Arvid A. Sather Madison, WI David James Hanson John H. Schmidt Jr. Westfield, NJ Peter A. Somers Richard C. Sheehan Audubon, PA Bernard Alan Moore Kathy M. Silberthau Washington, DC Donald J. Mulvihill Richard Ernest Thomas Wahpeton, ND Garry Allen Smith Pearson James Louis Sonageri Elizabeth, NJ John H. Stamler John W. Spittler Sacramento, CA Elisabeth C. Brandt Paul Edward Stevenson Trenton, NJ Eugene John Sullivan Janet Stockard Austin, TX Windell E. Cooper Porter Jovi Tenev Washington, DC Walter J. Rockier Gary Paul Timin Washington, DC Alan Theodore Dimond David Earl Tinker Washington, DC Thomas Anthony Kennelly Nancy Pratt Vanderbeek Detroit, MI Kay David Schloff Laure VanHeijenoort Santa Fe, NM William George Walker Vanessa Deborah Walton Los Angeles, CA Steven Read VanSicklen T. John Ward Longview, TX John Earl Sharp 600 MONDAY, APRIL 22, 1986

Applicant City and State Movant

Leland Wyatt Waters Pampa, TX Bill W. Waters Raymond Oliver Woicott Escondido, CA Robert A. Stein

Admissions to the Bar on Oral Motions

Applicant City and State Movant

XvCA S2J» iJCC Alan RohpTt Rums Mpwnort Reach SoHoitnr (rpnpral CA RPY Fi TiPP Dnno*las D Mpl'^arlaTiH IVfinnptnnka MN RpY F Lpp H Rppsp Hansen Provo UT Solicitor CrPneral Roy F T oo Stanley D. Neeleman Salt Lake City, Solicitor General UT Rex E. Lee Patrick James Nolan Glendale, CA Carlos John Moorhead Richard L. Sevin Los Angeles, CA Chief Judge Alex Kozinski Richard Lee Anglin Jr. Los Angeles, CA Charles Jonathan Benner Dean John Despotovich BeUeviUe, NJ Kevin Gregory Roe Oral Arguments

No. 84-518. Robert W. Johnson, et al.. Petitioners v. Mayor and City

Council of Baltimore, et al.; and No. 84-710. Equal Employment Opportunity Commission, Petitioner

V. Mayor and City Council of Baltimore, et al. Argued by Mr. Solicitor General Rex E. Lee for the petitioners in both cases and by Mr. L. Wil- liam Gawlik for the respondents in both cases.

No. 84-835. New Jersey Department of Corrections, Petitioner v. Richard Nash; and

No. 84-776. Philip S. Carchman, Mercer County Prosecutor, Peti- tioner V. Richard Nash. Argued by Mr. Philip S. Carchman for the petitioners in both cases and by Mr. John Burke, III, for the respondent in both cases, pro hac vice, by special leave of Court. MONDAY, APRIL 22, 1985 601

No. 83-1894. Pattern Makers' League of North America, AFL-CIO, et al., Petitioners v. National Labor Relations Board, et al. Reargued by Mr. Lawrence Stephen Gold for the petitioners and by Mr. Charles Fried for the respondents.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) TUESDAY, APRIL 23, 1985 603 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinion

No. 83-1935. Tony and Susan Alamo Foundation, et al., Petitioners

V. Secretary of Labor. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Jus- tice White.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

George William Sherk Denver, CO Solicitor General Rex E. Lee David Beckman Madeira Mechanicsburg, William Bentley PA BaU Ronald Louis Benedict Cincinnati, OH C. Roger Nelson Oral Arguments

No. 84-861. National Labor Relations Board, Petitioner v. Inter- national Longshoremen's Association, AFL-CIO, et al. Argued by Mr. Norton Jay Come for the petitioner, by Mr. James Alan Lips for the respondents, American Trucking Associations, et al., in support of petitioner, and by Mr. Donato Caruso for the respondents, New York Shipping Association, et al, and Mr. Ernest L. Mathews, Jr., for respondents. International Longshoremen's Association, et al.

No. 83-2161. Montana, et al.. Petitioners v. Blackfeet Tribe of Indians. Reargued by Ms. Deirdre Boggs for the petitioners, by Ms. Jeanne S. Whiteing for the respondent, and by Mr. Edwin Smiley Kneedler for the United States as amicus curiae by special leave of Court.

No. 84-468. City of Cleburne, Texas, et al., Petitioners v. Cleburne Living Center, et al. Reargued by Mr. Earl Luna for the petitioners and by Mr. Renea Hicks for the respondents.

Adjourned until tomorrow at 10 o'clock. X

(JOURNAL) WEDNESDAY, APRIL 24, 1985 605 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Penelope A. Hazelton Toppenish, WA Francis John Lorson Elizabeth Jeanine Auguste Miami, FL Curtis Leroy Solomon Steven Francis Nord Merced, CA Leo C. Jardot James Cotten Johnsen Cazenovia, NY Robert E. Joyner Herbert Theodore Posner East Wmdsor, NY Stephen Rubin Albert B. Perlin Jr. Minneapolis, MN Michael Valadez Robert C. Carlson Minneapolis, MN Michael Valadez Frank David Spiegelberg Tulsa, OK Michael Valadez Eugene Owen Rooke Denver, CO Michael Valadez Oral Arguments

No. 84-755. United States, Petitioner v. Rosa Elvira Montoya de Hernandez. Argued by Mr. Andrew Lewis Frey for the petitioner and by Mr. Peter Marvin Horstman for the respondent.

No. 84-435. Robert Russell, Petitioner v. United States. Argued by Mr. Julius Lucius Echeles for the petitioner and by Mr. Christopher J. Wright for the respondent, pro hac vice, by special leave of Court.

The Chief Justice said: "Mr. Nolan, if I may, before I open for oral arguments this afternoon, a note for the record, of welcome to the President and Members of the Constitutional Court of Austria, who are visiting and are our guests today."

No. 84-9. Massachusetts Mutual Life Insurance Company, et al.. Pe- titioners V. Doris Russell. Reargued by Mr. John E. Nolan, Jr., for the petitioners and by Mr. Brad Naley Baker for the respondent.

Adjourned until Monday, April 29, 1985 at 10 o'clock.

(JOURNAL) MONDAY, APRIL 29, 1985 607 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-5795. Ernest Comes, Appellant v. Marietta Faye Kellum, et al. Appeal from the Appellate Court of Illinois, Fifth District. The appeal is dismissed for want of a substantial federal question.

No. 84-6381. William Singer, Appellant v. John Justus Bodley, etc., et al. Appeal from the Supreme Court of Pennsylvania, Eastern Dis- trict. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 84-1015. Johnnie K. Goodson, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Military

Appeals. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Mihtary

Appeals for further consideration in light of Smith v. Illinois, 469 U. S. (1984).

No. 84-1208. Joseph A. Murr, Petitioner v. Tennessee Board of Law Examiners. On petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Tennessee, Middle Division, for further consideration in light of Supreme Court of New Hampshire v. Piper, 470 U. S. (1985).

Orders in Pending Cases

No. — . Joseph Afflerbach, Michael Cotton, John Cotton, Harvey B. Annis and Murray Watson, Petitioners v. United States. The motion to direct the Clerk to file a petition for writ of certiorari in typewritten form not in comphance with the Rules of the Court is denied. 608 MONDAY, APRIL 29, 1985

No. — . Lonnie B. Davis and G.E.C.C., Inc., Petitioners v. Amoco Oil Co., et al. The motion to direct the Clerk to file a petition for writ of certiorari, out-of-time, is denied.

No. D-473. In the Matter of Disbarment of Robert White Hutchins. Disbarment order entered.

No. D-474. In the Matter of Disbarment of William Thomas Kozel. William Thomas Kozel, of Santa Maria, California, having requested to resign as a member of the Bar of this Court, it is ordered that his name is stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on February 19, 1985, is hereby discharged.

No. D-490. In the Matter of Disbarment of Frank E. Holtzman. It is ordered that Frank E. Holtzman, of Southfleld, 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.

February 19, 1985, overruled all exceptions to the Report of the Special Master, adopted the Master's recommendations, and confirmed the Re- port, the Supplemental Decree defining the Rhode Island-New York Boundary is entered. Actual expenses of the Special Master to be borne half by the United States and half by Rhode Island and New York jointly. The Court retains jurisdiction to entertain such further proceedings, enter such orders, and issue such writs as from time to time may be deemed necessary or advisable to effectuate and supplement the decree and the rights of the respective parties.

No. 92, Original. State of Arkansas, Plaintiff v. State of Mississippi. The Report of the Special Master is received and ordered filed. The parties have presented a stipulation for entry of the proposed decree. The Report of the Special Master is adopted and final decree entered. Certified copies of Exhibits A, B, C, and D to be filed with Custodian of Official Land Records in Lee County, Arkansas and Tunica County, Mississippi by attorneys general of the respective states. No. 84-822. American National Bank and Trust Company of Chi- cago, et al.. Petitioners v. Haroco, Inc., et al. The motion of petitioners to supplement the record is granted. MONDAY, APRIL 29, 1985 609

No. 84-1103. William Lloyd Hill, Petitioners A. L. Lockhart, Direc- tor, Arkansas Department of Correction. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that Jack T. Lassiter, Esquire, of Little Rock, Arkansas, is appointed to serve as counsel for the petitioner in this case.

No. 84-1637. Calvin Holderman, Jr., Appellant v. United States; and

No. 84-1638. Calvin Holderman, Jr., Appellant v. United States. The application for stay addressed to Justice O'Connor and referred to the Court is denied.

No. 84-6158. Louis T. Ferrara, Petitioner v. Becton, Dickinson & Co., et al. The motion of petitioner for reconsideration of the order denying leave to proceed in forma pauperis is denied. Justice Powell took no part in the consideration or decision of this motion.

Appeal—Jurisdiction Noted

No. 83-1968. Lacy H. Thornburg, et al., Appellants v. Ralph

Gingles, et al. Appeal from the United States District Court for the Eastern District of North Carolina. In this case probable jurisdiction is noted limited to Questions I and III presented by the statement as to jurisdiction.

Certiorari Granted

No. 84-1144. United States, Petitioner v. John von Neumann. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 84-1274. Board of Governors of the Federal Reserve System,

Petitioner v. Dimension Financial Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. Justice White took no part in the consideration or decision of this petition.

Certiorari Denied

No. 84-1105. New Mexico, Petitioner v. James A. Baker, III, Secre- tary of the Treasury of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1108. John R. Wenturine, Petitioner v. Richard A. Parfett and Seven Springs Mountain Resort, Inc., etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, APRIL 29, 1985

No. 84-1109. Hans Bothke, Petitioner v. Ernest L. Racca. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1147. Simmons Fastener Corporation, Petitioner v. Illinois Tool Works, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1235. John W. Waterman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1249. George C. Norris, Sr. and Barry Silver, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1280. Charlotte Bolden, Petitioner v. Tarrant County De- partment of Human Resources. Petition for writ of certiorari to the Court of Appeals of Texas, Second Supreme Judicial District, denied.

No. 84-1367. Ramiro M. Guerra, et al.. Petitioners v. Maria Carlota Garcia, et aL Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1384. Pyramid Lake Paiute Tribe of Indians, Petitioner v.

Carson-Truckee Water Conservancy District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1412. Liane Buix McDonald, etc., Petitioner v. United Air

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

No. 84-1414. Fredric Haberman, et al., Petitioners v. Chemical

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

No. 84-1417. San Jose Unified School District, et al., Petitioners v.

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

No. 84-1421. Thaddeus Pudlo, Petitioner v. City of Chicago. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-1422. B. R. MacKay & Sons, Inc., Petitioner v. Attorney General of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1428. Thomas M. Trecker, Petitioner v. Dane T. Scag, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, APRIL 29, 1985 611

No. 84-1433. Kenneth Alexander Brown, Petitioner v. Norma Pau-

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

No. 84-1439. Carol C. Johnson, Petitioner v. Branford Zoning Board of Appeals, et al. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 84-1445. Roy K. Moore, James 0. Ingram and Thomas Fitz- patrick, Petitioners v. Muhanmiad Kenyatta. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1450. Stepping Stones Associates, Petitioner v. City of White Plains. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-1458. Alan Chesler and Sheila Chesler, Petitioners v. Stadler Associates, Inc. Petition for writ- of certiorari to the. United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1492. Jerome G. Beery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1510. Raymond P. Smith, Jr. , Petitioner v. Alyeska Pipeline Service Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1527. Harry S. Stonehill and Robert P. Brooks, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1533. Estella Jaramillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1536. Leon Clark, Petitioner v. Harry N. Walters, Adminis- trator of Veterans' Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1590. James B. Jensen, Jr., et al.. Petitioners v. Gates

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

No. 84-1595. Robert F. Riggins, Petitioner v. Internal Revenue Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-5854. Terry Otalora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 612 MONDAY, APRIL 29, 1985

No. 84-5944. Curtis Lee Peoples, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-5959. George A. Lambinus, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6054. Clark Dixon, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-6064. Huah Anthony Lewis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6122. Timothy Bernard Wilks, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 84-6135. Robert Jerome Perkins, Petitioner v: L. V. Stephen- son, Superintendent, Caledonia and Odoin Complex, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6161. Charles Stallings, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-6176. Monte D. Fields, Petitioner u United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-6349. Lamont R. Birden, Petitioner v. Joseph Grousha. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6354. Patricia G. Toomey, Petitioner v. Washington. Petition for writ of certiorari to the Couit of Appeals of Washington, Division 2, denied.

No. 84-6356. Donald E. Pallett, Petitioner v. Richard Harp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6357. Charlie Moore, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6358. Norman Stumes, Petitioner v. Herman Solem, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, APRIL 29, 1985 613

No. 84-6359. Walter Radford, Petitioner v. J. W. Fairman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6361. Helen Frances Robinson, Petitioner v. Takakyo Ikari, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 84-6366. John V. Heath, Jr. , Petitioner v. National Association of Government Employees Local R5-189, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6369. David Ely, Petitioner v. Glen Ellyn Police Department. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 84-6371. Gilbert Crist, Petitioner v. Michael Lane, Director, Illi- nois Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6373. Ramon Pedro Hernandez, Petitioner v. Harold Duncan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6400. Rosa Ellen Glover, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied.

No. 84-6411. John D. Hemby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6428. Donald L. Jones and Jeanne M. Jones, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6431. Edward R. J. Primbs, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-6433. Steven Andrews, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 84-6440. John J. Harter, Petitioner v. George P. Shultz, United States Secretary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-6445. William Travis Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, APRIL 29, 1985

Noc 84-6450. Leonard Steven Gaza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-6451. Michael Geoghegan, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6454. Leon Devon Dizzley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6460. James Wesley Gustus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

NOo 84-6466c John Petrino, Jr., Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied. No. 84-6468. Cleo Stephens Denison, Petitioner u Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6493. John L. Williams, Petitioner v. Francis X. Galdi. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-550. Interstate Commerce Commission, Petitioner v. Brae Corporation, et al.; and

No. 84-867. Consolidated Rail Corporation, Petitioner v. Ahnapee and Western Railway Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissenting opinion by Justice White with whom Justice Rehnquist joins. Justice Justice O'Connor took no part in the consideration or decision of these petitions.

No. 84-884. Interstate Commerce Conmiission, Petitioner v. Coal Exporters Association of the United States, Inc., et al.; and

No. 84-885. Norfolk and Western Railway Company, et al.. Petition-

ers V. Coal Exporters Association of the United States, Inc., et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissenting opinion by Justice White with whom Justice Rehnquist joins. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 84-1067. District of Columbia, Petitioner v. Kenneth M. Brown. The motion of respondent Brown, aka Yusaf Lateef Salahuddin, for MONDAY, APRIL 29, 1985 615 leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. The Chief Justice and Justice White would grant certiorari.

No, 84-1098. General Motors Corporation, Petitioner v. Lee M. Thomas, Administrator, United States Environmental Protection Agency. 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. 84-1209. Virgil Raymond Catlett, III, et al. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice White. No. 84-1258. Chemical Bank and Washington PubUc Power Supply

System, Petitioners v. Pubhc Utility District No. 1 of Benton County,

Washington, et al. The motion of Salomon Brothers, Inc., 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 Pubhc Securities Association for leave to file a brief as amicus curiae is granted. The motion of American Association of Retired Persons for leave to file a brief as amicus curiae is granted. The motion of National WPPSS 4 and 5 Bondholders' Committee for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 84-1393. Boston Firefighters Union, Local 718, Petitioner v.

Boston Chapter, N.A.A.C.P., Inc., et al.; and

No. 84-1430. Boston PoHce Patrolmen's Association, Inc., Petitioner

V. Pedro Castro, et al. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Marshall took no part in the consideration or decision of these petitions.

No. 84-1400. Raymond J. Donovan, Petitioner v. Mario Merola, Dis- trict Attorney, Bronx County, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 84-1402. A. L. Adams Construction Co. Petitioner v. Georgia Power Company. The motion of Georgia Branch, Associated General

Contractors of America, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of 616 MONDAY, APRIL 29, 1985

Appeals for the Eleventh Circuit denied. Justice Blackmun took no part in the consideration or decision of this motion and this petition.

No. 84-1427. Steven D. Simon, Petitioner v. Kroger Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join.

No. 84-1432. William J. Martin, Petitioner v. Dight W. Crain, et al. The motion of Francis X, Bellotti, Attorney General of Massachusetts, for leave to intervene is granted. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 84-5814. Charles Diggs, Petitioner v. Edmond Lyons, Super- intendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join.

No. 84-6030. Jimmy L. Glass, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. No. 84-6302. Kevin Scott Roscoe, Petitioner u Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6306. Charles R. Campbell, Petitioner v. Washington. Peti- tion for writ of certiorari to the Supreme Court of Washington denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6364. James Vereen, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 84-6370. In Re Ronald Lee Beachum, Petitioner; and No. 84-6375. In Re David Ely, Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 83-6493. John Buford Irving, Petitioner v. Mississippi;

No. 84-1251. Ohio, Petitioner v. Katherine Luck;

No. 84-6092. Herbert D. Berkson, Petitioner v. Del Monte Corpora- tion, et al.; and

No. 84-6144. Roy Anderson Day, Petitioner v. Amoco Chemicals Corporation. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions. MONDAY, APRIL 29, 1985 617 Orders

Ordered:

1. That the Federal Rules of Criminal Procedure be, and they are hereby, amended by including therein a new Rule 49(e) and amendments to Rules 6(e)(3)(A)(ii), 6(e)(3)(B) and (C), 11(c)(1), 12.1(f) 12.2(e), 35(b), 45(a) and 57. 2. That the foregoing amendments to the Federal Rules of Criminal

Procedure shall take effect on August 1, 1985, and shall govern all proceedings in criminal cases thereafter commenced and, insofar as just and practicable, all proceedings in criminal cases then pending. The

amendment to Rule 35(b) shall be effective until November 1, 1986, when Section 215(b) of the Comprehensive Crime Control Act of 1984, Pub. L. 98-473, approved October 12, 1984, 98 Stat. 2015, goes into effect.

3. That the Chief Justice be, and he h^eby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Criminal Procedure in accordance with the provisions of Sections 3771 and 3772 of Title 18, United States Code.

Ordered:

1. That the Federal Rules of Civil Procedure be, and they are

hereby, amended by including therein a new Rule E(4)(f ) to the Supple- mental Rules for Certain Admiralty and Maritime Claims; amendments to Rules 6(a), 45(d)(2), 52(a), 71A(h) and 83; amendments to Supple- mental Admiralty Rules B(l) and C(3); and amendments to Official Form 18-A. 2. That the foregoing addition to and amendments to the Federal Rules of Civil Procedure, the Supplemental Rules for Certain Admi- ralty and Maritime Claims, and the Official Form shall take effect on

August 1, 1985, and shall govern all proceedings in civil actions thereafter conmienced and, msofar as just and practicable, all proceedings then pending.

3. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing addition to and amendments to the Fed- eral Rules of Civil Procedure in accordance with the provisions of Sec- tion 2072 of Title 28, United States Code.

Ordered:

1. The the rules of procedure heretofore prescribed by the Court to govern proceedings in bankruptcy cases be, and they are hereby, amended by including therein the amendments to Rules 5002 and 5004. 618 MONDAY, APRIL 29, 1985

2. That the aforementioned amendments to the Bankruptcy Rules shall take effect on August 1, 1985, and shall govern all proceedings in bankruptcy cases thereafter conmienced and, insofar as just and practicable, proceedings in bankruptcy cases then pending.

3. That the Chief Justice be, and he hereby is, authorized to transmit these amendments to the Bankruptcy Rules to the Congress in accordance with the provisions of Section 2075 of Title 28, United States Code.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Katherine S. Abrams Mountain Lakes, Judge Vincent P. NJ Biunno Patrick X. Amoresano Paterson, NJ Herman Jeffer Mary Lou Andrews Houston, TX J. Douglas Sutter SnriTifrfiplH Raldwin .Tr St Louis MO David (t Tiiino TlaviH TTptitv RsnnhpT'o'PT Raltimn'TP MT^ •Tncsp'nh CrVf^crmrv

XFinnPTtvXilXlCX w V tt.TtX »

mintnTi MS X-iviWUl XJiUjrvl

XPittXvkiXXlCkXXTTian

Otrattlc,Spjitflp WAVV £X TJ'TpHpT'iplfQnn W Timothv Barrv Pittsburgh PA Francis A Barrv Joseph Francis Battle Jr. Chester, PA Judge Francis James Catania Timothy Belz St. Louis, MO Francis John Kaveney Duane Benton Jefferson City, John D. Ashcroft MO Timothy Berg Phoenix, AZ Philip Ernst von Ammon Karen Ann Berkowitz Tampa, FL Daniel Joseph Newman J. Gordon Blau Orlando, FL Kim Douglas Sherman Deborah Kucer Vah-ico, FL Eula Tuttle Mason Brueckheimer James Harrod Buxton Edmond, OK Robert J. Turner MONDAY, APRIL 29, 1985 619

Applicant City and State Movant

Carlos J. Canggiano JUalla LfloZy rSX naiaei'Pa-fool jLiviraIT'l-irivo L/aoauero Thomas Jon Carlisle opruigneiu, iij lYiarK xvocne

VV cutri

Steven E. Clark Hi. Hiiuriuge vjoms

«JTrX .

William Franklin Clark Atlanta GA EucpiipX^ liXg^lX^ G\Jf • XPai*tainCiX wCiXXX Joseph A. Colussi Kansas Citv MO Paul Scott Kellv Jr. Ann Kiley Crenshaw Norfolk VA Jerrolfi (rladstonp Weinberg John Robert Crossan Chicago, IL James M. Wetzel Thomas David Curtis Lafavette LA ThoYnas Eric Guilbeau Lawrence H. Delmas Marble Falls, TX William Earl

kjStallincsvCUXXXig w Ralph James DeZago Herington, KS Steven Loffan Hombaker John Russell Dorgan MinneaDolis MN Roger H. Fronmielt Manina D. Dubroca St Rose LA Dorothv Fav Waldrup Arlene C. Erlebacher Chicago, IL Newton N. Minow David Kevin Flynn Washington, DC Walter Whitney Bamett

Seymour Fuchsberg New York NY An cm ^tin .T San Filippo Larry S. Geller Manlpwood NJ William H Shell Donald R. Gilbert Phoenix AZ PhiliD Ernst von Ammon David Gilbertson Sisseton SD Camron Doval Hoseck Philip M. Halpem New York, NY Craig M. Shields

James R. Heaney xVlUrxloLUWIl, XNeJ o a>LJ\. lyctoIlUoll Stanley D. Heisler New York, NY Robert W. Packwood Michael J. Holland New York, NY Desmond T. Barry Jr. 620 MONDAY, APRIL 29, 1985

Applicant City and State Movant

Wayne P. Huckel Charlotte, NC Edgar Love III Patrick F. Hussey Yakima, WA E. Frederick Velikanje John W. Imhoff Jr. Norwalk, CT John Edward Vallerie Jr. Richard S. Jacobs Boston, MA Morris M. Goldings Kevin Michael Kallberg Los Angeles, CA Frederick B. I Belanger Joseph Stuart Karp West Palm Beach, Harold Jeffrey FL Cohen Steven R. Kartagener New York, NY Judge Alan D. | Marrus I Robert C. KeUer Chester, PA Judge Francis I James Catania Michael John Khouri Santa Ana, CA Michael R. Capizzi Kevin Fredric Kline Miami Beach, FL Norman K. Schwarz Jonathan Mark Kuller Parsippany, NJ Jack Louis Cohen John A. Longeretta Utica, NY Peter S. Zogby Cynthia A. Love Denver, CO John P. Moore m Lynn Michael Luker Boise, ID Allen R. Derr 1 James Joseph Macie Atlanta, GA Charles Richard l McQueen Edward Fremont Magee Baltimore, MD Paul V. Niemeyer Nicholas G. Maglaras New York, NY Donato Caruso Madeleine Waters Mansier Pennington, NJ Michael R. Cole Allan Lc Markus Parsippany, NJ Jack Louis Cohen D. Stephen Mathias Washington, DC John Hale Shenefield John Patrick McDonald Somerville, NJ John D. Arseneault William F. McEnroe Newark, NJ Thomas John O^NeiU Thomas Francis McGrath Riverside, CA Ronald E. Pettis Ronald E. Meisburg Washington, DC Michael Terence Heenan Robert Charles Phoenix, AZ Bernard Van Mothershead O'Steen Jr. MONDAY, APRIL 29, 1985 621

Applicant City and State Movant

James T. Moughan Philadelphia, PA Henry T. Reath Charles J. MuUer III San Antonio, TX Ferdinand Charles Meyer Jr. Kevin Miles Noland Lexington, KY Charles W. Runyan Andrew Anthony Patriaco Old Tappan, NJ James Anthony Russo Timothy Patton San Antonio, TX Thomas H. Crofts Jr. Florence Marisa Peterson Morristown, NJ Thomas F. Campion Allie Stuart Povall Jr. Jackson, MS George Harrison Butler Dennis Russell Powell Salinas, CA John Andrew Church Thomas Joseph Redder Fort Collins, CO John Oliver Walker Kenneth R, Roney Orlando, FL Albert L. Lewis David C. Roston Chicago, IL Lionel G. Gross Karl L. Rubinstein DaUas, TX Vernon 0. Teofan Gregg Kimball Saxe Houston, TX William James Wade Peter Anthony Scarpato Hillsborough, NJ Judge David George Lucas Marguerite Stephens Spokane, WA Roy J. Koegen Schellentrager Ronald P. Schiffman Cannon Beach, Kenneth Saul OR Stem Elizabeth Ann Smith San Diego, CA Reginald A. Vitek Robert Francis Strenski Denver, CO George Joseph Cerrone Jr. Brian L. Tidd Mesa, AZ Terry B. Kiser Cheryl Ann Tipton Honolulu, HI John Harris Paer Dawn VanHoek Detroit, MI Arthur J. Tamow Joseph Irwin Weinberg Atlanta, GA James Maclin Rudder Jr. Ronald Wayne Wendt Cedar Rapids, lA Richard F. Nazette 622 MONDAY, APRIL 29, 1985

Applicant City and State Movant

William Bruce White Jr. Dallas, TX Dennis Ray Lewis

Opinions

No. 84-433. School Committee of the Town of Burlington, Massachu- setts, et al.. Petitioners v. Department of Education of the Common- wealth of Massachusetts, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opin- ion by Justice Rehnquist.

No. 84-261. Commodity Futures Trading Commission, Petitioner v. Gary Weintraub, et al. On writ of certiorari to the United States Court of the Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Justice Powell took no part in the decision of this case.

Noc 83-1590. Robert Francis, Warden, Petitioner v. Raymond Lee Franklin. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice Powell. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Richard B. Kayne Spokane, WA Carlos John Moorhead Dennis Howard Schuck Glendale, CA Carlos John Moorhead Deborah Chodos Beverly Hills, CA Jeffery Anne Tatum Jay B. Myerson Syosset, NY Jay Lindsey Cohen William A. Reidder Long Beach, CA John Rains Calhoun James Steven Cohen Alexandria, VA James B. Coppess Michael Brian Scott Los Angeles, CA S, Dell Scott Timothy Carl Blake Miami, FL Robert Lyman Trescott MONDAY, APRIL 29, 1985 623

Applicant Kjizy ana otawe Movant

Alan E. Dubow Coral Gables, FL Robert Lyman Trescott Sheppard Faber Coral Gables, FL Robert Lyman Trescott Russell M. Gardner Fort Lauderdale, Robert Lyman FL Trescott Louis Gouz Coral Gables, FL Robert Ljrman Trescott David Hertzig Miami, FL Robert Lyman Trescott John Bruce Hoffmann Miami, FL Robert Lyman Trescott Robert L. Jamerson Jr. Coral Gables, FL Robert Lyman - Trescott Philip F. Ludovici Miami, FL Robert Lyman Trescott Cort Alan Neimark Boca Raton, FL Robert Lyman Trescott Debra Levy Neimark Coral Gables, FL Robert Lyman Trescott Arvin Peltz Miami, FL Robert Lyman Trescott Jan Michelle Peltz Miami, FL Robert Ljnnan Trescott Granville Edgar Petrie Jr. Coconut Grove, Robert Ljnnan FL Trescott Ronald Peter Ponzoli Miami, FL Robert Lyman Trescott Donald David Slesnick II Coral Gables, FL Robert Lyman Trescott Stephen M. Sperling Miami, FL Robert Lyman Trescott John Otto Sutton Miami, FL Robert Lyman Trescott Richard L. Wassenberg Miami, FL Robert Lyman Trescott Robin Stiebel Washington, DC Solicitor General Rex E. Lee 624 MONDAY, APRIL 29, 1985

Applicant City and State Movant

Emmet J» Agoglia Mineola, NY Solicitor General

Rex E . Lee Joseph Lloyd Bamett New York, NY Solicitor General

Rex E . Lee Gregory Anthony White Plains, NY Solicitor General

Bartolomei RexE . Lee John Vo Bivona New York, NY Solicitor General

Rex E . Lee George Braff Great Neck, NY Solicitor General

RexE . Lee Jay L. T. Breakstone BeUmore, NY Solicitor General

Rex E o Lee Rokki Knee Can- Brooklyn,- NY Solicitor General

Rex E . Lee Sidney Cohen New York, NY Solicitor General

RexE . Lee Robert A. Crivelli New York, NY Solicitor General

Rex E . Lee Edmund Myles Dane New York, NY Solicitor General

RexE . Lee James Alexander Davidson Syracuse, NY Solicitor General

Rex E . Lee Marie Michele DePaula Brooklyn, NY Solicitor General

RexE . Lee David P. Elkovitch Auburn, NY Solicitor General

Rex E . Lee David Epstein New York, NY Solicitor General

Rex E . Lee William Martin Ezersky New York, NY Solicitor General

Rex E . Lee Joseph V. Figliolo New York, NY Solicitor General

Rex E . Lee Alan J. Firestone Brooklyn, NY Solicitor General

Rex E . Lee Michael Flynn New York, NY Solicitor General

Rex E . Lee Peter Alan Frankel New York, NY Solicitor General

Rex E . Lee MONDAY, APRIL 29, 1985 625

Applicant City and State Movant

Mitchell R. Friedman New York, NY Solicitor General

Rex E . Lee Bruce Jonathan Gitlin New York, NY Solicitor General

Rex E . Lee Martin Gitlin New York, NY Solicitor General

RexE . Lee Warren Jay Glasner Brooklyn, NY Solicitor General

Rex E . Lee Arthur M. Gurfein New York, NY Solicitor General

RexE . Lee

Wayne I. Harris Brooklyn, NY Solicitor General

Rex E . Lee Lawrence M. Honig New York, NY Solicitor General

RexE . Lee Howard H. Husney Brooklyn, NY Solicitor General

Rex E . Lee Kenneth Joelson New York, NY Solicitor General

Rex E . Lee Joseph Alan Kaplan Suffem, NY Solicitor General

RexE . Lee David E. Kapur Endicott, NY Solicitor General

Rex E . Lee Victor Knapp Forest HiUs, NY Solicitor General

Rex E . Lee Walter D. Kogut Syracuse, NY Solicitor General

Rex E . Lee Abe H. Konstam New York, NY Solicitor General

Rex E . Lee Muriel Lawrence Mount Vernon, Solicitor General

NY Rex E . Lee Harold Joseph Levy New York, NY Solicitor General

Rex E . Lee Marc J. Lust New York, NY Solicitor General

Rex E . Lee John Patrick M. Madden New York, NY Solicitor General

Rex E . Lee Grerold Mark Mallow New York, NY Solicitor General

Rex E . Lee 626 MONDAY, APRIL 29, 1985

Applicant City and State Movant

Steven Jay Mandel New York, NY Solicitor General

Rex E . Lee Ira Mark Maurer New York, NY Solicitor General

Rex E . Lee Terrence M. McCabe New York, NY Solicitor General

Rex E . Lee Abramham F. Meyerson Brooklyn, NY Solicitor General

Rex E . Lee Marlene Monteleone New York, NY Solicitor General

Rex E . Lee Robert H. Morse New York, NY Solicitor General

Rex E . Lee Morton Povman New York, NY Solicitor General

RexE c Lee John K. Powers Albany, NY Solicitor General

Rex E . Lee Michael Edmund Pressman New York, NY Solicitor General

RexE . Lee Arlene Albin Reich New York, NY Solicitor General

RexE . Lee Devon Scott Reiff New York, NY Solicitor General

Rex E . Lee Michael C. Rosenthal Brooklyn, NY Solicitor Greneral

Rex E . Lee Jack G. Russo New York, NY Solicitor General

Rex E . Lee Thomas M. Sabellico New York, NY Solicitor General

Rex E . Lee Valentino Thomas Hyde Park, NY Solicitor General

Sammarco Rex E . Lee Rolf H. G. Sandvoss Chappaqua, NY Solicitor General

Rex E . Lee Evan Sarzin New York, NY Solicitor General

Rex E . Lee Chang Moon Sohn New York, NY Solicitor General

Rex E . Lee Wayne Philip Stix White Plains, NY Solicitor General

RexE . Lee MONDAY, APRIL 29, 1986 627

Applicant City and State Movant

Mac Truong New York NY SolicitnT CrPHPral Rex E Lee Sidney Voletsky New York, NY Solicitor General Rex E Lee Rhonda Lee Wiener South Bellmore, Solicitor General NY Rex E Lee

Joseph Alonzo Lopes Washington DC JospdHt/V/WWk/ll DX^ • XFeaster^drOwWX Jr. Warren A. Blair III Boston MA Joseoh D Feaster Jr. Kathleen R. Curtis Boston MA Josenh D F paster Jr. Richard Lansing Edwards Boston MA Joseoh D Feaster Jr. Donald Edward Green Boston MA JoseDh D Feaster Jr. Naomi Karp Boston MA Joseoh D Feaster Jr. Linda Garelik Leffert Boston MA Josenh D Feastpr Jr. MacLaren H. MacGregor Canton, MA Joseoh D Feaster Jr. .Tn^priVi n TTpocfpT Anthony P. Sullivan OUlIlCI V LUC , iTXxX u uoc^ii xy. X caoLCi Jr.

Frank Bradford Townley vv cot cJUocpii LJ. £ CctoLCI

ljI. lugcwdLcr, Tr MA

"R^T^OTYI in orV>QTT1 IVT A Howard L:^ Wilgoren £ rcuiiiiigiicuii, ivJ-A. ej Uocpii J-/, r Cd.OLcl or.Tr

T^r\Qfnn IVT TnOPTiVl IT^PQCfPT* Rosemary Wilson OUotUIl, irX^A J Uocpll xJ. J7 cctoLci jr.Tr Anne L. Freedman ouocpxi u. r COOLCl or.Tr Emily Madoff New York NY •TospriVi T) Fpfl^fpr dr.Tr Elveta Michele Martin New York, NY Joseph D. Feaster Jr. Nicholas Eugene Tishler Wading River, Joseph D. Feaster NY Jr. 628 MONDAY, APRIL 29, 1986

Applicant City and State Movant

Richard F. Daley Providence, RI Joseph D. Feaster Jr. Janis Sallinger Providence, RI Joseph D. Feaster Jr.

Adjourned until Monday, May 13, 1985, at 10 o'clock. (JOURNAL) MONDAY, MAY 13, 1985 629 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam

No. 84-1165. United States, Petitioner v. Joseph Benchimol. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for writ of certiorari granted. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 84-1440. Alwin E. Hopfmann, et al. Appellants v. Michael Joseph Connolly, et al. Appeal from the United States Court of Appeals for the First Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is granted. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam.

Appeals—Summary Disposition

No. 84-1145. Thurman B. Lanton, Appellant v. Alabama. Appeal from the Court of Criminal Appeals of Alabama. 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. 84-1478. Alpha Blair, Appellant v. Larry Boulger. Appeal from the Supreme Court of North Dakota. 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. 84-1583. Pauline Walber, dba Walber Construction Co., Appel- lant V. United States Department of Housing and Urban Development. Appeal from the United States Court of Appeals for the Sixth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. 630 MONDAY, MAY 13, 1985

No. 84-1637. Calvin Holderman, Jr., Appellant v. United States. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-1638. Calvin Holderman, Jr., Appellant v. United States. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-6401. Donald Valway, et ux.. Appellants v, Peter F. Keams, et al. Appeal" from the Supreme Court of New Hampshire. 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. 84-1476. Robert DePerte, et al.. Appellants ^..Tribune Com- pany, et al. Appeal from the Supreme Court of Florida: The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition ^

No. 84-5636. Leon Alcorn, Petitioner v. Steve Smith, Warden. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further proceedings in light of assertions set forth in petitioner's motion to vacate filed April 26, 1985, and the response filed thereto.

No. 84-6410. Lem Davis Tuggle, Jr., Petitioner v. Virginia. On petition for writ of certiorari to the Supreme Court of Virginia. 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 Virginia for further consideration in light of Ake v. Oklahoma, 470 U. S. (1985).

Orders in Pending Cases

No. — . Agnes Keller, Administratrix of the Estate of Charles Keller, Deceased, Petitioner v. American Optical Company. The motion to direct the Clerk to file a petition for writ of certiorari out-of-time is denied.

No. D-294. In the Matter of Disbarment of Peter L. Wolff. Disbar- ment order entered. MONDAY, MAY 13, 1985 631

No. D-462. In the Matter of Disbarment of James C. Collier. Disbar- ment order entered.

No. D-480. In the Matter of Disbarment of Warren J. Black. Disbar- ment order entered.

No. D-489. In the Matter of Disbarment of James P. McGarry. It is ordered that James P. McGarry, of Flushing, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-491. In the Matter of Disbarment of Maria Catherine Pecoraro. It is ordered that Maria Catherine Pecoraro, of West Ches- ter, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

No. D-492. In the Matter of Disbarment of John W. Surgent. It is ordered that John W. Surgent, of Lake Ariel, 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. 83-1944. Holly Jensen, etc., et al., Petitioners v. Frances J.

Quaring. The motion of respondent for leave to file a supplemental brief after argument is granted. No. 84-262. Mountain States Telephone and Telegraph Company,

Petitioner v. Pueblo of Santa Ana. The motion of petitioner for leave to file a supplemental brief after argument is granted.

No. 84-801. Midlantic National Bank, Petitioner v. New Jersey De- partment of Environmental Protection; and

No. 84-805. Thomas J. O'Neill, Trustee in Bankruptcy of Quanta

Resources Corporation, Debtor, Petitioner v. City of New York, et al.; and Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Resources

Corporation, Debtor, Petitioner v. New Jersey Department of Envi- ronmental Protection. The motion of respondents for divided argument is granted.

No. 84-1321. Crispus Nix, Warden, Petitioner v. Emanuel Charles

Whiteside. The motion for appointment of counsel is granted and it is ordered that Patrick Reilly Grady, Esquire, of Cedar Rapids, Iowa, is appointed to serve as counsel for the respondent in this case. No. 84-1426. Robert Abrams, Attorney General of the State of New

York, Petitioner v. Michael McCray. The motion of respondent to expe- 632 MONDAY, MAY 13, 1985 dite further consideration of the petition for writ of certiorari and consolidate with No. 84-6263, Batson v. Kentucky, is denied. Justice Brennan, Justice Marshall and Justice Stevens would grant this motion.

No. 84-1447. William Z. Salcer, et al., Petitioners v. Envicon Equi- ties Corp. , et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-6051. Stanley Edward Allen, Petitioner v. Georgia. The respondent is requested to file a response to the petition for rehearing within thirty days.

Certiorari Granted

No. 84-1493. National Labor Relations Board, Petitioner v. Financial Institution Employees of America, Local 1182, Chartered by United Food and Commercial Workers International Union, AFL-CIO, et al.; and

No. 84-1509. Seattle-First National Bank, Petitioner v. Financial In- stitution Employees of America, etc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 84-1288. John V. Evans, et al, Petitioners v. Jeff D., et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 84-1480. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. David Wayne Greenfield. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 84-1485. John Moran, Superintendent, Rhode Island Depart- ment of Corrections, Petitioner Brian K. Burbine. 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 granted.

No. 84-6646. WilHe Lloyd Turner, Petitioner v. Allyn R. Sielaff, Director, Virginia Department of Corrections. The motion of petitioner for leave to proceed in forma pauperis is granted and petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit granted limited to Question 1 presented by the petition. MONDAY, MAY 13, 1985 633 Certiorari Denied

No. 83-2132. Lucky Stores, Inc. , Petitioner v. John Garibaldi. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-756. Betty Moore, Petitioner v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-821. Woodmen of the World Life Insurance Society, Peti- tioner V. Carlos A. Lasso. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-996. Jean Marie Jacobs, Executrix of the Estate of Thomas

L. Jacobs, Deceased, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit

- denied. -

No. 84-1101. Dan King Brainard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1104. Jerome Przybyla, Petitioner v. United States. Petition for writ of certiorari to the LFnited States Court of Appeals for the Ninth Circuit denied.

No. 84-1136. Leo Burroughs, Jr., et al.. Petitioners v. Samuel R.

Pierce, Jr., Secretary of Housing and Urban Development, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1142. Exxon Corporation, Petitioner v. Department of En- ergy, et al.; and

No. 84-1316. Texaco, Inc., Petitioner v. Department of Energy, et al. Petitions for writs of certiorari to the United States Temporary Emergency Court of Appeals denied.

No. 84-1143. James F. O'Brocta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-1171. John W. Jenrette, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. No. 84-1173. United Transportation Union, Successor to Brother- hood of Raih-oad Trainmen, Petitioner v. Joe Vernon Sears, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 634 MONDAY, MAY 13, 1985

No. 84-1177c Robert Sterling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1210. Gay Spradley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-1260. Michael Yamanis, Petitioner v. United States;

No. 84-1261. Constantine Yamanis, Petitioner v. United States; and

No. 84-6104. Vincent Calise, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1306. Charles B. Baker, Jr., Petitioner v. Joan A. Baker. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. Noc 84-1345. Town Pump, Incorporated, Petitioners William E. Brock, Secretary of Labor, United States Department of Labor. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1348. Kenneth 0. Eikenberry, Attorney General of the State of Washington, Petitioner v. Standard Oil Company of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1369. Manhattan Coffee Company, Petitioner v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1416. Sumco Manufacturing Co., Inc., 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.

No. 84-1420. Chicago Investment Corporation, Petitioner v. Ameri- can National Bank and Trust Company of Chicago, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1446. Taca International Airlines, S.A., Petitioner v. Air Line Pilots Association International, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1448. Joseph R. Lennon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, MAY 13, 1985 635

No. 84-1452. Wisconsin's Environmental Decade, Inc., et al.. Peti- tioners u State Bar of Wisconsin. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1453. KMA, Inc., Petitioner v. City of Newport News. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-1455. Harold A. Bedat, et al, Petitioners v. McLean Trucking

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

No. 84-1457. Capital Telephone Company, Inc., et al., Petitioners v. New York Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1461. Providence Builders, Inc., et al.. Petitioners v. Zoning

Hearing Board of Lower Providence Township, et al. Petition for writ of certiorari to the Conmionwealth- Court of Pennsylvania denied.

No. 84-1462. Ronald E. James, Petitioner v. G. Alan Hunter and Gerald Goldberg. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1464. Edward Ronwin, et al., Petitioners v. Supreme Court of Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 84-1467. Robert Palmer, et ux.. Petitioners v. Ilbert Tucker, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 84-1468. Robert L. DeSeyn, Petitioner v. Muskingum Water- shed Conservancy District. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1469. Jackson P. Berry, Petitioner v. J. Glenn Bailey. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1472. James H. Lyons, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lake County, denied.

No. 84-1473. William C. Hoffman, Petitioner v, David S. Henderson. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 84-1483. Yugoexport, Inc. (Jugoexport), et al., Petitioners v. Thai Airways International, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 636 MONDAY, MAY 13, 1985

No. 84-1486. Walter Kerrigan, et ux., Petitioners v. Luce, For- ward, Hamilton & Scripps, et ai. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1487. George E. Washington, Jr., Petitioner v. Alabama. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-1494. Caroline Jeanette Brister, et al.. Petitioners u Parish of Jefferson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1496« Hampton Roads Shipping Association, Petitioner v. In- ternational Longshoremen's Association, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1497. Riceland Foods, Incorporated, Petitioner v. United Brotherhood of Carpenters and Joiners of America, etc.^ et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-1498. Good Hope Chemical Corporation Creditors' Conunit- tee. Petitioner v. Koerver & Lersch. Petition for writ of certiorari to the United States Court of Appeals for the Fii^t Circuit denied. No. 84-1501. John E. Green Plumbing & Heating Company, Inc., Pe- titioner V. Turner Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1505. Thomas A. Chambers, Jr., Petitioner v. William Hen- derson, Judge of the District Court, Oklahoma County, Oklahoma. Pe- tition for writ of certiorari to the District Court of Oklahoma County, Oklahoma, denied.

No. 84-1507. Robert Milton Carder, Jr., Petitioner v. John Van de Kamp, Attorney General of the State of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1514. Georgia, Petitioner v. Fort Eraser Felker, Jr. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 84-1523. Ralph T. Duffy, Jr., Petitioner v. City of Long Beach. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1547. Alpha Portland Industries, Inc., and Insurance and Health Plan for Hourly Employees of the Alpha Portland Cement Co.,

Petitioners v. Robert Anderson, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, MAY 13, 1985 637

No. 84-1562. Guillermo Segrera, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1570. Jesse J. Johnson, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1574. James Glenn Adcock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1575. Joseph Vincent Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1585. George N. Cosman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1588. Teddye Dugger, Petitioner v. Delta Airlines. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 84-1594. Howard Eric Genser, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1596. Richard Virgil Bibbero, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1610. Luther Craig Smith, Petitioner v. FCX, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1628. L. A. Williams, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1632. Richard W. Suter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-5343. Ruel Hux, Jr., Petitioner v. A. I. Murphy, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-5484. David A. Jarrell, Petitioner v. Charles Balkcom, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 638 MONDAY, MAY 13, 1985

No. 84-5547. Joe Saldana, Sr., Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 84-5797. Ruben Robert Herrera, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 84-5950. Elijah Rhea, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-5954. David Sams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-5963. Julie Ann Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5993. John Atnip, Petitioner -.1;. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6059. Curtis Lee Thompson, Petitioner v. Linda Reivitz, Sec- retary, Department of Health and Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6074. Herbert E. Gregory, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-6079. Paul Braxton Owens, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6080. Milton Ventura, Petitioner v, Hoyt C. Cupp, Super- intendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6099. Richard A. Schmitt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-6127. John Thompson, Steven Barfield, and Kim Williams,

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

No. 84-6132. Walter Grandison, Petitioner v. Margaret Moore, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, MAY 13, 1985 639

No. 84-6146. Hillery Preston, Petitioner v. Ross Maggio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6205. Fritz Pierrot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6246. Anthony Gary Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6259. George Latil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6271. Brooks J. Young, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6290. Julie Van Orden, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-6310. Lincobi Love, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-6352. Philip Segura, Petitioner v. United States; and

No. 84-6360. Adolpho Reynoso, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6353. Melvin Lee Smith, Petitioner v. Michael P. Lane, Di- rector, Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6367. John H. Sellars, Petitioner v. Social Security Adminis- tration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6372. Jonathan L. Haas, Petitioner v. Amon Nichols, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied.

No. 84-6379. Eugene Orange, Petitioner v. Michael P. Lane, Direc- tor, Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6390. Marattize Coquillian, Petitioner v. Elie Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 640 MONDAY, MAY 13, 1985

No. 84-6391. Jo Strong Fosso and James Fosso, Petitioners u Cabi- net for Human Resources of Kentucky, et al. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-6393. Joseph Peter Frankenberry, Petitioner v. Pennsyl- vania. Petition for writ of certiorari to the Supreme Court of Penn- sylvania, Western District, denied.

No. 84-6394. Theodis Brown, Petitioner v. Gordon D. Schweitzer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6397. Thomas Franklin Drumheller, Petitioner v. Elwood L. Booker, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6403. Leslie Jack Smith, et ux., Petitioners v. Citizens Home Savings Company. Petition for writ of certiorari to the Court of Ap- peals of Ohio, Lorain County, denied. ' - No. 84-6404. Jeffrey Speigel, Petitioner u Charles H. Zimmerman, Superintendent, State Correctional Institution at Huntingdon. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6405. Leslie Jack Smith, et ux., Petitioners v. Citizens Home Savings Company. Petition for writ of certiorari to the Court of Ap- peals of Ohio, Lorain County, denied.

No. 84-6415. Willie James Stewart, Petitioner v. Donald A. Cabana, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6418. Ollie McKinnis, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme; Court of Alabama denied.

No. 84-6420. Jimmy Franklin Connor, Petitioner v, Robert James

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

No. 84-6421. James C. Abbott, Petitioner v. Gordon R. Melson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6424. Evelyn K. Kimball, Petitioner v. Anne H. Mahler, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-6426. David Ely, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, MAY 13, 1985 641

No. 84-6435. Ruchell Cinque Magee, Petitioner v. Joe Campoy, War- den. Petition for writ of certiorari to the Supreme Court of California denied.

No. 84-6439. Frank E. Forrester, Petitioner v. William S. Brandt. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6448. Winslow Woods, Sr., Petitioner v. Lumber Center, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6455. Lester F, Freeze, Jr., Petitioner v. Benjamin Baer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6459. John Ruber, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 84-6461. Ephraim J. Swann, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 84-6462. Ernest Perkins, Petitioner u Fred Rice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6467. Tommy Lee Davis, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-6472. Joe Buhajla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6476. Jimmy Dewitt Webster, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6479. Windsor Eugene Sloan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6481. Dennis Charles Liberto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6483. Gustavo DeVelasco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 642 MONDAY, MAY 13, 1985

No. 84-6488. Jessie Lara Lopez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6494. Arthur Bryon Murphy, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6499. Bennie R. Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-6511. Larry Monroe Moss, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 84-6518. William W. Parsons, Petitioner u Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-6519, Jodie Pepper, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 84-6523. Michael Lorick, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6539. James Weldon Walker, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6549. Daniel Eugene McElveen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6565. Ronald L. Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6570. Samuel Blyther, Petitioner v. District of Columbia. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-1190. Patrick Wells, Petitioner v. David Rockefeller, et al. The motion of respondents for award of damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this motion and this petition.

No. 84-1207. South Carolina Department of Corrections, et al.. Peti-

tioners V. Floyd M. Doby, Jr. The motion of respondent for leave to MONDAY, MAY 13, 1985 643

proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1223. Herman C. Davis, Warden, Petitioner v. James Ander- son Stokes. 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. 84-1234. Louie L. Wainwright, Secretary, Florida Department

of Corrections, Petitioner v. Freddie Lee Hall. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1410. James R. Irving, Director, Juvenile Division, Illinois

Department of Corrections, Petitioner, v. Ivie Clay. The motion of respondent for leave to proceed informal pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-1540. Jack Duckworth, Superintendent, Indiana State

Prison, Petitioner v. Richard W. Dillon. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1278. Wayne J. Yamasaki, Director, Hawaii Department of

Transportation, Petitioner v. Stop H-3 Association, et al. The motion of Committee for H-3, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1291. Park Avenue Investment & Development, Inc., et al.,

Petitioners v. Donald I. Barkheimer, II, et al. The motion of respondents for attorneys' fees and costs is denied. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Separate statement by the Chief Justice with whom Justice Rehnquist and Justice O'Connor join.

No. 84-1313. Burlington Northern Railroad Company, Petitioner v.

Ronald L. Cosby, et al. The motion of Association of American Rail- roads for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1438. National Business Systems, Inc., et al.. Petitioners v. AM International, Inc., et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Petition for writ 644 MONDAY, MAY 13, 1985 of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 84-1471. Beech Aircraft Corporation, Petitioner v. Doris Els- worth, Mildred Best, Sandra Dunaway and Jo Ann Miro. The motion of

Boeing Company, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied.

No. 84-1488. Baldwin-United Corporation, et al.. Petitioners v. Robert M. Eubanks, III, Insurance Commissioner for the State of Ar- kansas. The motion of the parties to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 84-6033. John E. Brogdon, Petitioner u Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6284. Barry Lee Fairchild, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 84-6326. Freddie Lee Hall, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6408. Fred Singleton, 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. 84-6413. Gerald Eugene Stano, 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. 84-6486. Earl Washington, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 84-6490. Lonnie Joe Dutton, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6526. Paris Hoyt Carriger, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, MAY 13, 1985 645 Mandamus Denied No. 84-6423. In Re Florence C. Bernstein, Petitioner; and No. 84-6496. In Re Jim R. Hunter, Petitioner. Petitions for writs of mandamus are denied. Rehearings Denied

No. 83-2022. Larry E. Gribble, Petitioner v. James W. Buckner, Judge, General Sessions Court of Rutherford County, Tennessee,

et al.;

No. 84-667. Harold Travis Lyons, Petitioner v. Warden, Nevada State Prison;

No. 84-5968. James W. Brewer, Petitioner v. City of Clayhatchee;

No. 84-6190. Slater A. Judd, Jr., Petitioner v. United States, et al.; and No. 84-6212. Charles Wesley Hopgood, Petitioner' u Vicki Cook Hopgood. The petitions for rehearing are denied.

No. 83-6663. Charles Fugate, Petitioner v. New Mexico; No. 84-16. Kenneth Cory, Leo T. McCarthy and Jesse R. Huff,

Appellants v. Western Oil and Gas Association, et al.;

No. 84-249. Roger L. Spencer, et ux., Petitioners v. South Carolina Tax Commission, et al.;

No. 84-559. Peralta Shipping Corporation, Petitioner v. Smith & Johnson (Shipping) Corp.;

No. 84-690. United States, Petitioner v. Robert Paul Gagnon, et al.;

No. 84-833. Bean Dredging Corporation, Appellant v. Alabama;

No. 84-841. Andrew A. Kashetta, Petitioner v. Lottie L. Kashetta;

No. 84-939. Japan Air Lines Co., Ltd., Petitioner v. Stanley Abramson;

No. 84-5059. Patrick Ramirez, Petitioner v. Indiana;

No. 84-5507. Lavonte, Petitioner v. Robyn Lee Walter, et al.;

No. 84-5736. Derrick Quinton White, Petitioner v. Maryland;

No. 84-5770. Henry Daniel StuU, Jr., Petitioner v. United States; No. 84-5870. Eddie William Finney, Petitioner u Greorgia;

No. 84-6055. Eugene Hanson, Petitioner v. Virginia Rutherford, et al.;

No. 84-6147. James A. McNeair, Petitioner v. Suburban Hospital Association, Inc.;

No. 84-6192. Reinaldo S. Bertulfo, Petitioner v. Office of Personnel Management; 646 MONDAY, MAY 13, 1985

No. 84-6227. Paul Richard Manko, Appellant u United States; No. 84-6243. Rolf Betka, Petitioner u Margaret M. Heckler, Secre- tary of Health and Human Services; and

No. 84-6323. Richard Fabian, Petitioners. Robert A. Ryan, etc. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Monday, May 13, 1985, until Mon- day, May 20, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jane LaGree Allingham Tulsa, OK Frank David Spiegelberg Denise Elizabeth Anton San Francisco, CA James Larson Anne L. Baker Topeka, KS Philip H. Lewis Sharon Baldwin Chicago, XL Ellen Cronin Craig John Ernest Barber Fort Worth, TX J. Michael Worley Edmund Francis Bard III Houston, TX Thomas Oren Arnold Andrew C. Barnard Miami, FL Man L Mendelsohn Lisa M. Bell Washington, DC Ronald Stephen Cooper William Bernstein San Rafael, CA Stephen J. Heiser W. Craig Biddle Sacramento, CA Jon Douglas Smock Brian D. Bixby Boston, MA William Lee Patton David Douglas Bond Livingston, NJ Julius A. Feinberg William J. Brodsky Chicago, IL Irwin A. Brodsky Richard R. Buley Missoula, MT Raymond P. Tipp Stephen Donegan Busch Charlottesville, David Craig VA Landin Ronald L. Buschbom Coral Gables, FL Richard S. Fuller MONDAY, MAY 13, 1985 647

Applicant City and State Movant

William Anthony Cassidy North Ridgeville, Arthur P. OH Lambros Steven R. Cavalli Oakland, CA Henry F. Telfeian David E. Chaffin Bennington, VT John L. Shanahan Vernon F. L. Char Honolulu, HI Richard C. Bocken William A. Coats Tacoma, WA Harold T. Hartinger Kimberlee Wood Colby Arlington, VA Samuel Eric Hans Ericsson Don V. Collin Sacramento, CA Jon Douglas Smock S. Alan Cook Phoenix, AZ Charles A. MueckeTUT* 1 T •11 -T A Louis John Cosenza Leesville, LA Smieon Christie Smith III Gary L. Crosby Chicago, IL Harry Leonard DeLung Jr. Thomas Richard Crump Seguin, TX Mark Wells White Jr. R. Scott Currey Helena, MT Ronald F. Waterman John Henry Darlington Nevada City, CA Harold A. Berliner Ronald Dean Pacific Palisades, Elizabeth Benson CA Spector Susan Stewart Dickerson Oklahoma City, Michael Craig OK Turpen Dianne M. Dickson Allentown, PA John Owen Stover Jr. Walter Rowe Ellett Murray City, UT Dean E. Conder William Edward Farmer Lebanon, TN James 0. Bond Sr. Gregory C. Fast Los Angeles, CA Martin David Wohnan Robert Charles Fellmeth San Diego, CA Michael Howard Wayne John P. Flannery II Washington, DC James E. Landry Rory C. Flynn New York, NY Calvin Alfred Hartmann 648 MONDAY, MAY 13, 1985

Applicant City and State Movant

Robert Lewis Gibbs Jackson, MS Ed Davis Noble Jr. John B. Gibson Wrightwood, CA Richard F. Maxwell Matthew J. Gonsalves San Leandro, CA Lew Moore Warden Jr. Anthony V. Grant New York, NY Loris P. Primus Charles William Grau Racine, WI Michael James Walls Robert Gray Austin, TX James Albon Mattox Don C. Grayson Los Angeles, CA Lourdes Gillespie Baird Dennis Grossman New York, NY Lawrence S. Goldman Judy M. Guice Biloxi, MS Paul Stephen Minor

Edwin Norman Gunn Chicago, IL Judge Nathan J. Kaplan Thomas P. HaU Port Charlotte, Gary L. Wilkins FL Larry Robert Handfield Miami, FL Clinton J= Pitts Burgain Garfield Hayes Austin, TX Mary Joe Carroll Edward Jesse Hegel Jr. Tustin, CA Meivin D. Thomas WiUiam S. Heichel Canton, OH Dale T. Evans Charles L. Henshaw Jr. Columbia, SC Olin Fayrell Furr Jr. Robert P. Herendeen SaHnas, CA Lucien Bruce Lindsey Everett Boyd Laramie, WY Alan Kooi Hollingsworth Jr, Simpson Ronald F. Horn Albuquerque, NM John B. Tittman John M. Hrubovcak Harrisburg, PA Spencer A. Manthorpe Mike Hulen Little Rock, AR Nelwyn Leone Davis Michael John Hutchinson Detroit, MI Michael Joseph Rinkel MONDAY, MAY 13, 1985 649

Applicant City and State Movant

Linda J. Icenhauer-Ramirez Austin, TX Paul C. Isham Robert Icenhauer-Ramirez Austin, TX Paul C. Isham Kenneth Earl Jensen Chicago, IL Samuel G. Jaffe Stephen Randall Johnson Seattle, WA John T. Petrie Carter Wallace Jones Ahoskie, NC Kevin Martin Leahy Leonard Paul Kiczek Bayonne, NJ WiUiam M. Feinberg

Anne L. Kilbane Cleveland, OH Marshall I.

- Nurenberg R. Scott Krichbaum Youngstown, OH Eugene Barry Fox John Cameron Lamb Sacramento, CA Robert J, Cohen George William Lang II Houston, tX Thom'as W. Wehrle Calianne P. Lantz Miami, FL Anthony C. Musto Jeffrey S. Lisabeth Oyster Bay, NY Stanley Weissman George James Scrofani Lott Miami, FL George Michael Evans Alberto E. Lugo-Janer San Juan, PR Pedro J. Varela John T. Mahoney III Walpole, MA John K. Moroney Peter J. Mancuso Mineola, NY Joel R. Weiss Lorraine Joan Mansfield Las Vegas, NV Jonathan Craig Reed Louis Stephen Marjon Albuquerque, NM LeRoi Farlow Anthony A. Mascolo Staten Island, NY Robert David Bush Patricia Helen McCall San Jose, CA Walter Robert Man Michael David McDonough Pahn Beach, FL Donald F. Mintmire Joseph P. McMahon Jr. Denver, CO Clyde 0. Martz Robert R. McMeekin Jr. Washington, DC Joseph P. Addabbo Robert J. Menifee San Jose, CA Selby V.I. Brown Jr. Timothy F. Mentkowski Milwaukee, WI Daniel R. Riordan James R. Milliken San Diego, CA Reeve James Jacques 650 MONDAY, MAY 13, 1985

Applicant City and State Movant

Lawrence Jay Mix Brookfield Richard Alan Center, CT Glassman James H. Monahan Omaha, NB Edward F. Fogarty Gerald Wesley Moran Hays, KS Robert J. Dole Michael Carleton Morris Cherry HiU, NJ William John Reams Jr. Marc Douglas Murr Houston, TX William Key Wnde Andrew Peter Napolitano Hackensack, NJ Alexander P. Waugh Jr. Carl R. Ogle Jr. Jefferson City, Ben W. Hooper II TN Nathaniel Davis Owens Anniston, AL JohnJl, Phillips Steven J. Palmer Pasco, WA' John G. Schultz Michael S. Pasano Fort Lauderdale, Ronald Bennett FL Ravikoff David E. Peebles Syracuse, NY Benjamin James Ferrara Matthew J. Piers Chicago, IL James D. Montgomery Richard Alan Pipes Agana, GU James Bradley Klemm Kevin John Quaranta New York, NY John P. Rung Frank Quesada Clearwater, FL Lawton M. Chiles Jr. Alex Reisman San Francisco, CA Doron Weinberg Madeline A. Renkens Seattle, WA Dale R. Martin Peter E. Rhatican Newark, NJ Thomas R. Chesson Marc J, Rogoff Woodbridge, NJ Robert F. Dato Jorge Luis Ruiz Rivera San Juan, PR Carmen J. Rocafort David Carl Russo Bergenfield, NJ Gerald Breitenstein James Joseph Ryan Chicago, IL Paul Michael Sheridan Robert Gene Samet Rockville, MD Martin E. Gerel MONDAY, MAY 13, 1986 651

Applicant City and State Movant

Max F. Schutzman New York, NY Kevin R. Keating Debra Ann Shelinsky Scotch Plains, NJ Irving Norman Stein Gerald N. SheUey Newport Beach, WiUiam R. Men CA Karen M. Shichman Washington, DC John R. Neece Kenneth L. Shigley Atlanta, GA Roy E. Barnes Frank Barry Shuster Atlanta, GA David M. Vaughan Leland Trickett Sloan St. Albans, WV Wayne A. Sinclair Paul G. Sloan San Francisco, CA Stanley J. Friedman William Henry Slocumb Jr. Bakersfield, CA Oliver E. Rostain

Randall David Smith Indianapolis, IN Franklin I. Miroff C. W. H. Solinsky Sacramento, CA Jon Douglas Smock Kim Hoyt Sperduto New York, NY Louis A. Craco Robert Stein New York, NY Norman Joseph Landau Joyce Reuben Stem Rockville, MD Paul A. McGuckian Jay N. Tolley Fayetteville, AR James Morrison Roy Jr. David Paul Troup Junction City, KS Robert K. Weary Robert Alan VanHoy Santa Ana, CA Sylvan B. Aronson Allen C. Welch Jr. Clearfield, PA F. Cortez Bell III Donnie Howard White Detroit, MI Robert Allen Sedler Stanley W. Widger Jr. Rochester, NY William D. Eggers Stephan Bruce Widmeyer Port Charlotte, Gary L. Wilkins FL Patricia A. Winchell- Washington, DC Arthur L. Smith Hemmer WiUiam M. Wmkel West Palm Beach, John Robertson FL Young Thomas Richard Wolff Omaha, NB Ronald H. Stave Thomas Scott Woodward Houston, TX Patrick H. MoUoy 652 MONDAY, MAY 13, 1985 Opinions

No. 83-2032. Immigration and Naturalization Service, Petitioner u Bernardo Rios-Pineda and Estamilada Rios-Pineda De Rios. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Justice Powell took no part in the decision of this case.

No. 84-5108. Frank Liparota, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh 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 Brennan. Dissenting opinion by Justice White with whom the Chief Justice joins. Justice White took no part in the decision of this case.

No. 83-859. California, Petitioner v, Charles R. Carney. 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. Opinion by the Chief Justice. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

No. 83-2143. Tennessee, Petitioner v. Harvey J. Street. On writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern District. Judgment reversed and case remanded to the Court of Crimi- nal Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice. Concurring opinion by Justice Brennan with whom Justice Marshall joins. Justice Powell took no part in the decision in this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Arthur Douglas Guy Long Beach, CA Solicitor General Rex E. Lee Collin Bruce McCaslin Rolling Hills Solicitor General Estate, CA Rex E. Lee Lawrence E. Murphy West Palm Beach, Solicitor General FL Rex E. Lee Edward Wesley Gray Jr. Washington, DC Solicitor General Rex E. Lee MONDAY. MAY 13, 1986 653

Applicant City and State Movant

Alexander Nicholas Wheaton, MD Max L. Kane Argerakis Michael D. Imfeld San Francisco, CA Michael P. Farris Thomas R. Olsen Orlando, FL Robert W. Olsen Mark Steven Morrison Chardon, OH David J. Skrabec Dennis Alan Neudek Fresno, CA John Cleland Joyce Alan James Fumuso Huntington, NY Julian Mitchell Brown Michael G. Oxley Findlay, OH Garver Oxley Judy Frank Pittsburgh, PA R. Claire Guthrie Mary Elizabeth Kennard Pittsburgh, PA R. Claire Guthrie John L. Haller San Diego, CA Richard H. Ichord Judith Lynnette Ondrasik San Diego, CA Richard H. Ichord Haller Jonathan Williams Biddle Los Angeles, CA Richard Francis Hall Emily Rebecca Boyle Los Angeles, CA Richard Francis HaU Charles J. Greaves Pasadena, CA James H. Kelley Kathleen A. Leary Bethel, CT James H. Kelley John Daniel Riordan Washington, DC James H. Kelley Mark N. Herman Boston, MA James H. Kelley Karen Dean-Smith Boston, MA James H. Kelley George E. Donovan Boston, MA James H. Kelley Patricia OwocM Ellis Brewster, MA James H. Kelley Paul Gerard Garrity Boston, MA James H. Kelley Elizabeth Butler Heath Boston, MA James H. Kelley Raymond D. Ivaska Boston, MA James H. Kelley Paul M. Kane Boston, MA James H. Kelley Gordon Philip Katz Boston, MA James H. Kelley Frederick William Keuthen Boston, MA James H. Kelley Mary Frances McCabe Lawrence, MA James H. Kelley Peter Michael McElroy Dedham, MA James H. Kelley Gilbert J. Nadeau Jr. Fall River, MA James H. Kelley Catherine J. Norman Boston, MA James H. Kelley Howard P. Osbom Worcester, MA James H. Kelley Richard D. Packenham Boston, MA James H. Kelley 654 MONDAY, MAY 13, 1985

Applicant City and Stote Movant

Ronald Anthony Pina New Bedford, MA James H. Kelley Richard Elliott Powers Boston, MA James H. Kelley Lauren Stiller Rikleen Boston, MA James H. Kelley Sander A. Rikleen Boston, MA James H. Kelley Rachel Rivlin Boston, MA James H. Kelley Bemadette Louise Sabra Fall River, MA James H. Kelley Steven Peter Sabra Somerset, MA James H. Kelley Robert L. Shea Plymouth, MA James H. Kelley John Francis Smitka Jr. Dover, MA James H. Kelley Marilyn D. Stempler Boston, MA James H. Kelley William Sanford Stowe Westwood, MA James H. Kelley Raymond Paul Veary Jr. New Bedford, MA James H. Kelley Phillip L. Weiner Maiden, MA James H. Kelley Steven J. J. Weisman Amherst, MA Jan\es H. Kelley David Lee Kent Plymouth; NH James H. Kelley Ruth Susan Hochberger New York, NY James H. Kelley Rosalyn Karen Robinson Philadelphia, PA James H. Kelley James F. McAleer Providence, RI James H. Kelley Patricia A. M. Vinci Westerly, RI James H. Kelley Winthrop A. Short Jr. Norfolk, VA James H. Kelley Paul Burton Smyth Alexandria, VA James H. Kelley James Philippe Mongeon Rutland, VT James H. Kelley Charles R. Aley Beaver Falls, PA Solicitor General Rex E. Lee Gary A. Amelio Pittsburgh, PA Solicitor General Rex E. Lee Robert Jaeger Behling Pittsburgh, PA Solicitor General Rex E. Lee Katherine Benesch Pittsburgh, PA Solicitor General Rex E. Lee Robert Steven Bernstein Pittsburgh, PA Solicitor General Rex E. Lee Carl F. Boyer Sunbury, PA Solicitor General Rex E. Lee Michael R. Bucci Jr. Pittsburgh, PA Solicitor General Rex E. Lee Alexander B. Bunson Pittsburgh, PA Solicitor General Rex E. Lee MONDAY, MAY 13, 1985 655

Applicant City and State Movant

Sandra E. Davis Greensburg, PA Solicitor General

Rex E . Lee Daniel Robert Delaney Pittsburgh, PA Solicitor General

Rex E . Lee Robert C. Eddins Pittsburgh, PA Solicitor General

RexE . Lee Joan Ellenbogen Pittsburgh, PA Solicitor General

Rex E . Lee Jeannette Fisher Garber Pittsburgh, PA Solicitor General

Rex E . Lee Robert L. Garber Pittsburgh, PA Solicitor General

RexE . Lee William David Geiger Pittsburgh, PA Solicitor General

R.ex E . Lee Gregory Gleason Pittsburgh, PA Solicitor General

Rex E . Lee Howard Grossinger Pittsburgh, PA Solicitor General

Rex E . Lee William P. Hackney Pittsburgh, PA Solicitor General

Rex E . Lee William Pendleton Hackney Pittsburgh, PA Solicitor General

Jr. Rex E . Lee Michael Halliday Greenville, PA Solicitor General

Rex E . Lee Mark Russell Hamilton Pittsburgh, PA Solicitor General

Rex E . Lee George Brenner Pittsburgh, PA Solicitor General

Handelsman Rex E . Lee John Henry Herbruck Beaver, PA Solicitor General

Rex E . Lee Peter Yoimg Pittsburgh, PA Solicitor General

Herchenroether Rex E . Lee Theresa Homisak Pittsburgh, PA Solicitor General

Rex E . Lee Penny L. Jones Pittsburgh, PA Solicitor General

Rex E . Lee Joseph Michael Kulik Pittsburgh, PA Solicitor General

RexE . Lee 656 MONDAY, MAY 13, 1985

Applicant City and State Movant

Robert Joel Lipsitz Pittsburgh, PA Solicitor General

Rex E . Lee Scott Lewis Melton Sewickley, PA Solicitor General

Rex E . Lee Joan Orie Melvin Pittsburgh, PA Solicitor General

Rex E . Lee Michael Richard Plmnmer Pittsburgh, PA Solicitor General

Rex E . Lee Jennifer Fox Rabold Pittsburgh, PA Solicitor General

Rex E . Lee Thomas P. Ravis Pittsburgh, PA Solicitor General

Rex E . Lee Winston T. Roberts Pittsburgh, PA Solicitor General

Rex E . Lee David K. Rudov Pittsburgh, PA Solicitor Greneral

Rex E . Lee Ralph J. Ruggiero Pittsburgh, PA Solicitor General

Rex E . Lee Richard M. Serbin Altoona, PA Solicitor General

Rex E . Lee Michael Ian Shamos Pittsburgh, PA Solicitor General

Rex E . Lee Marianna Epstine Specter Pittsburgh, PA Solicitor General

Rex E . Lee F, Christopher Spina Pittsburgh, PA Solicitor General

Rex E . Lee Kathleen K Spurgeon Pittsburgh, PA Solicitor General

Rex E . Lee Matthew Alan Swierzewski Baden, PA Solicitor General

Rex E . Lee Marilyn Sydeski Pittsburgh, PA Solicitor General

Rex E . Lee Frederick Warren Thieman Pittsburgh, PA Solicitor General

Rex E . Lee Jeffrey Stephen Weinberg Pittsburgh, PA Solicitor General

Rex E . Lee Lucille N. Wick Pittsburgh, PA Solicitor General

Rex E . Lee MONDAY, MAY 13, 1985 657

Applicant City and State Movant

Charles Oliver Zebley Jr. Uniontown, PA Solicitor General Rex E. Lee

Adjourned until Monday, May 20, 1985 at 10 o'clock.

(JOURNAL) TUESDAY, MAY 14, 1985 659 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-859. Jesse de la Rosa, Applicant v. Raymond K. Procunier, Director, Texas Department of Corrections. The application for stay of execution of the sentence of death scheduled for Wednesday, May 15, 1985, presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) MONDAY, MAY 20, 1985 661 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today^s orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. ^-1454. Mississippi Power & Light Company, Appellant v. Louis A. Coneriy, et al. Appeal from the Supreme Court of Mississippi. The appeal is dismissed for want of a substantial federal question. Jus- tice Blackmun would dismiss for want of jurisdiction.

No. 84-1605. Jack H. Brown & Co., Inc., Appellant v. Northwest Sign Company. Appeal from the Supreme Court of Texas. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 84-1398. Caspar W. Weinberger, Secretary of Defense, et al..

Petitioners v. Temistocles Ramirez de Arellano, 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 reconsideration of its opinion and judgment in light of the Foreign Assistance and Related Programs Appropriations Act, 1985, Pub. L. No. 98-473,

98 Stat. 1884, 1893-1894, and other events occurring since October 5, 1984.

No. 84-1418. Irma Pastrana de Caraballo, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit with instructions to remand the case to the United States District Court for the District of Puerto Rico with instructions to remand the case to the Secretary of Health and Human Services for review pursuant to Section 2(d)(2)(C) of the Social Security Disability Benefits Reform Act of 1984. 662 MONDAY, MAY 20, 1985

Orders in Pending Cases

No. D-471. In the Matter of Disbarment of Cletus H. Brauit, Jr. Dis- barment order entered.

No. D-479. In the Matter of Disbarment of WiUiam Goffen. Disbar- ment order entered.

No. D-481. In the Matter of Disbarment of Eugene Gold. Disbar- ment order entered.

No. D-493. In the Matter of Disbarment of Raymond J. Surdut. It is ordered that Raymond J. Surdut, of Providence, Rhode Island, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 83-1944. Holly Jensen, etc., et al.. Petitioners v. Frances J.

Quaring. The motion of petitioners for leave to file a supplemental brief after argument is granted.

No. 84-1244. Susan J. Davis, et al.. Appellants v. Irwin C. Bandemer, et al. The motion of Mexican American Legal Defense and

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

No. 84-1287. Louis Liphete, et al., Petitioners v. Merritt Stierheim,

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

No. 84-1545. Miller-Wohl Company, Inc., Appellant v. Commis- sioner of Labor and Industry of Montana and Tamara L. Buley. The

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

No. 84-1538. Alexandra Fisher, et al. Appellants v. of Berke- , City ley, Caiifomia, et al. The motion of California Chamber of Commerce for leave to file a brief as amicus curiae is granted. The motion of West- em Mobilehome Association for leave to file a brief as amicus curiae is granted.

No. 84-6598. George T. Knoblauch, Petitioner v. Commissioner of Internal Revenue. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 10, 1985, 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. (1983), we would deny the petition for a writ of MONDAY, MAY 20, 1985 663

certiorari without reaching the merits of the motion to proceed in forma pauperis.

Appeals—Jurisdiction Noted

No. 84-1484. Wisconsin Department of Industry, Labor and Human

Relations, et al.. Appellants v. Gould, Inc. Appeal from the United States Court of Appeals for the Seventh Circuit. In this case probable jurisdiction is noted. No. 84-1379. Eugene F. Diamond and Jasper F. Williams, Appel-

lants V, Allan G. Charles, et al. Appeal from the United States Court of Appeals for the Seventh Circuit. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 84-495, Thomburgh v, American College of Obstetricians and Gynecologists:

Certiorari Denied

No. 83-6887. Mark E. Quigiey, Petitioner u Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 84-995. James Massa, Petitioner v. United States; and

No. 84-1265. Duane Skinner, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1200. Edwin Meese, III, Attorney General of the United

States, et al.. Petitioners v. Henry W. Segar, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-1257. Richard L. Glover, etc.. Petitioner v. United Grocers, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1344. Saginaw Mining Company, Petitioner v. Lewis Gibas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1351. George W. Akootchook, et al. Petitioners u United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1365. Public Utility District No. 1 of Chelan County, Wash-

ington, Petitioner v. Confederated Tribes and Bands of the Yakima In-

dian Nation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 664 MONDAY, MAY 20, 1985

No. 84-1366. Board of Education of the City of Chicago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1378. Paul Renard, Petitioner v. Columbia Broadcasting Sys- tem, Inc., et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-1490. Lloyd Lee Nelson, Petitioner v. Piedmont Aviation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1520. Cameo Convalescent Center, Inc., Petitioner v. Terry Willkom. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1532. Nevada, et al.. Petitioners v. Virginia M. Oliver. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1535, Consolidated Freightways Corporation of Delaware,

Petitioner v. Gerling Global General Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-1541. Ronnie Norris Dewberry, Petitioner u California, Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 84-1544. David E. Miller, Petitioner v. Commissioner of Reve- nue of Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 84-1546. Kenneth McGinnis, Warden and Neil F. Hartigan, At- torney General of Illinois, Petitioners v, Alan D. Robinson. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1548. John C. Amis, Jr., Petitioner v. Dick Steele, Lee County Tax Collector, and Lee County, etc. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 84-1551. Katherine D,, a minor, by and through her natural par-

ents and legal guardians, Kevin and Roberta D., Petitioner v. Depart- ment of Education of the State of Hawaii. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1552. Arline M. Soderbeck, Petitioner v. Burnett County,

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

I MONDAY, MAY 20, 1985 665

No. 84-1556. Durham Hosiery Mills, Inc., et al.. Petitioners u Rob- ert C. White. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1557. John H, Howkins, Petitioner u Sam S. Caldwell and J. Freeman Railey, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1561. S/S "Lake Anja," etc., et al.. Petitioners u M. Golodetz Export Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-1565. Van Weelde Brothers Shipping Limited, and Joong Ang Shipping Co., Ltd., Petitioners u LN.C.A.S. and Monterey Print- ing and Packaging. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1576. Michigan, Petitioner v. Earnest Early. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 84-1579. Presbytery of Elijah Parish Lovejoy, etc., et al.. Peti- tioners V. Paul Jaeggi, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 84-1603. Willie Keltee, Petitioner u Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 84-5934. George Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-5941. Edward Eugene Satterfield, Petitioner v. United States;

No. 84-6300. Perry Don Allison, Petitioner v. United States; and

No. 84-6434. Carlton Welden, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6128. Regino Palacios, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6221. James Willie Cleveland, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-6222. Earl David BoCook, Petitioner v. Arthur Tate, Jr., Superintendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 666 MONDAY, MAY 20, 1985

No. 84-6272. Sheldon Glasshofer, Petitioner u Julius T. Cuyler, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-6283, Gregory Britt, Petitioner u United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 84-6437. Leo Victor Savage, Petitioner u City of Columbus. Pe- tition for writ of certiorari to the Supreme Court of .Ohio denied.

No. 84-6464. James Lenard Small,.-Petitioner v. Nathan Rice, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6480. John Cooper and Roberta Cooper, Petitioners v. Soci- ety National Bank. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 84-6482. Charles A. Roybal, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 84-6484. James Samuel Owens, Petitioner u Hoyt C. Cupp, Su- perintendent, Oregon State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-6489. Eric H. Anderson, Petitioner u George A. Vose, Su- perintendent, M.C.I., Norfolk, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-6491. Pearly Wilson, Petitioner v. Richard P. Seiter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6492. David Papandrea, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 84-6497. Edward Stephen Weser, Petitioner v. Herb Maschner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6524. Ronald Herrington, Petitioner v. Heflin-Horton Insur- ance Agency, et al. Petition for writ of certiorari to the Circuit Court of Monongalia County, West Virginia, denied.

No. 84-6540. Tariq Hassan Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6553. Randy Hill, Petitioner u Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. MONDAY, MAY 20, 1985 667

No. 84-6566. Donney Thomas Gala, Petitioner v. United States De- partment of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6573. Charles Edward Lee, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6574. Marcel Robert Piquette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6577. German Fernando Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6588. William R. Cox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-6593. Ronald Timlick, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6597. Richard Joseph Godino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6600. Jeff A. Brown, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6663. Juan Figueroa Andino, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-953. Florida, Petitioner v. Silvio P. Zafra. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 84-1227. California, Petitioner v. Marcelino Ramos. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 84-1537. Educational Books, Inc., Petitioner v. Virginia. Peti- tion for writ of certiorari to the Circuit Court of Fairfax County denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the convictions. 668 MONDAY, MAY 20, 1985

No. 84-6453. Donald Henry Gaskins, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Car- olina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6498. David Lawson, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6508. Raymond Lee Stewart, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6522. Kenneth Wayne Hardwick, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 84-6471. In Re Terry Louis Carter, Petitioner. The petition for writ of mandamus is denied.

No. 84-1558. In Re Pan American World Airways, Inc., et al..

Petitioners. The petition for a writ of mandamus and prohibition is denied.

Rehearings Denied

No. 83-1896. Mobil Oil Corporation, Petitioner u Jerry A. Blanton and Roy H. Healey;

No. 84-724. Texas A & University, et al. Appellants v. Gay Stu- M , dent Services, et al.;

No. 84-6186. Dallas Ferrell, Petitioner v. South Carolina;

No. 84-6189. Jonathan Chaffee, Petitioner v. South Carolina;

No. 84-6230. Louis J. Truesdale, Jr., Petitioner v. South Carolina; and No. 84-6380. James L. Martin, Petitioner u Pennsylvania Board of Law Examiners. The petitions for rehearing are denied.

No. 83-1274. Metropolitan Life Insurance Company, et al., Appel- lants V. W. G. Ward, Jr., et al. The petition for W. G. Ward, Jr., for rehearing is denied. The petition of American Educators Life Insurance

Company for rehearing is denied. 1

MONDAY, MAY 20, 1986 669

No. 84-685. Donald Nixon Rush, et al., Petitioners v. United States.

The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Monday, May 20, 1985, until Tues- day, May 28, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Frpfi M Adams Idaho Falls ID "Rnh

YV lUiiilll v^. rxJlUcioUIl iVUCIlacl Xl. v^UUJx r rajiK Lj, Asaro oan jjiego, KjA. i-iewis ri. OH V cx Ucl g Carolyn Connors Balowitz ouiiaio, iN 1 Barbara Howe w luiani onutn jjean i v opananDurg, o^^ iiowara uarusie Bean

\jary O. DLUIll iycIlVcr, \j\J dOScpn v_;aucii .Tan Hon .It Wilham R. Boccio Garden City, NY Patrick M. Murphy Jr. Brian Lindsay Boles Redwood City, Anthony Wayne CA Gibbs Gregory Brough Clayton, MO Isadore Scher Prince Albert Brumfield Jr. Decatur, GA Paul Chapman Parker Jimmy Lee Burrell Houston, TX Roy Wallace Smith Benjamin L. Carroll III Honolulu, HI Christopher P. McKenzie Louis E. Cherico White Plains, NY Wayne Philip Stix Joseph Descala Jr. Menlo Park, CA Alfred Lawrence Young Timothy G. Edwards Auburn, WA Robert Emmett West Jr. 670 MONDAY, MAY 20, 1985

Applicant City and State Movant

Seth Aaron Fine Everett, WA Seth R, Dawson John Walter Fried New York, NY Robert M. Morgenthau

Reuben 1. Friedman New Orleans, LA Robert E. Winn Harold W. FulHlove Newark, NJ Richard L. Bland Jr. Steven R. Guy Rusk, TX Summers A. Norman Jeffrey T. Haley Seattle, WA Charles A. Goldmark David W. Harlan St. Louis, MO Jim J. Shoemake P. J. Murphey Harmon Houston, TX Francis Gilmer Harmon II Christopher Alvin Hart Washington, DC Raoul Lord Carroll Thomas P, Hartnett New York, NY Michael George Chalos Donald Martin Hartshorn Peoria, IL Timothy Whitzel Swain II Nicholas W. Heldt San Francisco, CA Douglas M. Moore Jr. Richard Allan Hirsch Tampa, FL Michael J. Freedman John M. Hoopingamer New Philadelphia, Wilford R. MiUer PA Clifton Trigg Hutchinson DaUas, TX M. David Bryant Jr. Kenneth C. Kettering Pittsburgh, PA Walter T. McGough James P. Kreindler New York, NY Marc Simon Moller Julie Elizabeth Sacks Lev Kansas City, MO Richard F. Halliburton Stuart Charles Levitas New York, NY William Bernard Pryor Jane Walling Little Dallas, TX Henry Wade Joseph H. Lowe Miami, FL Judge Fredricka Greene Smith MONDAY, MAY 20, 1985 671

Applicant City and State Movant

Michael Jay Marks Honolulu, HI George Ames Sears Carl Presley McDonald Maryville, TN Houston M. Goddard James J. McMullen Jr. San Francisco, CA Robert Thomas Pasulka Charles Edward Mentzer Baltimore, MD Sanford Lee Mervis Theodore M. Molitoris Winston-Salem, Robert Keller NC Leonard Richard A. Naegele Lorain, OH WilHam G. Wickens James David Niehaus Louisville, KY Daniel Tucker Goyette Vincent J. Paluzzi Trenton, NJ William J. Bigham

Leonard 1. Pataki Tulsa, OK Michael H. Cook Glenn R. Patterson Highland, IN Rhett Lloyd Tauber Randolph Colin Peterson Washington, DC Thomas T. Basil Dudley W. Pierce Wisconsin Rapids, Herbert L. WI TerwiUiger Francis J. Podvin Wisconsin Rapids, Herbert L. WI TerwiUiger Robert Eugene Pruitt Jr. Abbeville, SC Thomas Erskine Hite Jr. Richard E. Robinson Los Angeles, CA Marvin Leon Judith Intrator Rosenberg Westport, CT Emanuel Margolis Richard Manning Ross Sacramento, CA Elisabeth C. Brandt Ronald S. Samuels Chicago, IL Mitchell Ware Michael George Sandona Seattle, WA Paul Stem William Schlimbach New York, NY Eric M. Javits Stephen Lutz Segall Tampa, FL Michael J. Freedman Carol Helen Sloss Houston, TX James Patrick Cooney Robert Franklin Spencer Jackson, MS Edwin Lloyd Pittman .

672 MONDAY, MAY 20, 1986

Applicant City and State Movant

iYidTK JTc idrajiLino L/OiuniDus, \jn jonn x\.. r utey wiiiiajii rjugar lEie i exarKana, i a iNicnoias iiarrei x^aiiLon David Alan Tauber San Jose, CA KoDert J. iviasterson

Ainrea L>. iisaani jr. Chicago, XL AiTrea oari iisdani Jenrey Wayne iocK Urbana, IL Joseph wiiiiam jrneDus inonias rwicnara ironipeLcr iviianii, r Li xiowaru o. Susskind jLivm J . V anaeDerg i acoma, w a naroiu i xiartinger

Dennis Michael Wade IN ew 1 orK, IS 1 iXoDert iVi. iviorgenmau jjougias LjcWIS w aiu w asningxon, ukj ijconara rLdrry DecKer QY. jtxoger \j. wieganu fltl-SDUrgn, Jrii. Wolfwaiter Ti. McGough Joseph Cyril Woytash Jr. Washington, DC Thomas Anthony Kennelly Tony Wright DaUas, TX Carl E. Mallory

Opinions

No. 83-1632. Harper & Row, Publishers, Inc. and The Reader's Di- gest Association, Inc., Petitioners v. Nation Enterprises and The Nation Associates, Inc. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to 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 White and Justice Marshall join. No. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri

Board of Probation and Parole, Petitioners v. Nicholas J. Romano. 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 O'Connor. Concurring opinion by Justice Marshall MONDAY, MAY 20, 1985 673 with whom Justice Brennan joins. Justice Powell took no part in the decision of this case.

No. 83-2136. Connecticut, Depaitment of Income Maintenance, Peti- tioner V. Margaret M, Heckler, Secretary, Department of Health and Human Services, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Jus- tice Stevens. No. 83-1329. Joseph Ponte, Superintendent, Massachusetts Correc- tional Institution, Walpole, Petitioner v. John Real. On writ of certiorari to the Supreme Judicial Court of Massachusetts. Judgment vacated and case remanded to the Supreme Judicial Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Justice Stevens with whom Justice Blackmun joins as to Part II. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the decision of this case.

No. 83-2097. Burger King Corporation, Appellant v. John Rudze- wicz. Appeal from the United States Court of Appeals for the Eleventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Dissenting opinion by Justice Stevens with whom Justice White joins. Justice Powell took no part in the decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert Faris Feland III Phoenix, AZ Solicitor General Rex E. Lee Randi Lynn Breslow Washington, DC Charles Lawrence Grubman Lorraine Mary Korth Lynbrook, NY Jay F. Korth Barbara Charlotte Washington, DC Robert Benjamin Washington Washington Jr. Armando Duron Los Angeles, CA Paul Leonard O'Brien John Warren Berger Torrance, CA Paul Leonard O'Brien Sondra Fern Brooks Mineola, NY Denis E. Dillon 674 MONDAY, MAY 20, 1985

Applicant City and State Movant

Robert Laurence Emmons Garden City, NY Denis E. Dillon Scott Jay Glick Mineola, NY Denis E. Dillon Richard D. Haley Jr. Mineola, NY Denis E. Dillon Annjeannette C. Jean- Mineola, NY Denis E. Dillon Baptiste Babette Gail Jones Mineola, NY Denis E. Dillon Brian Anthony Kelly Nassau County, Denis E. Dillon NY Peter Kieran Kelly Rockville Centre, Denis E. Dillon NY Toby Kurtz Mineola, NY Denis E, Dillon David Lazer Mineola, NY Denis E. Dillon J. Kenneth Littman Mineola, NY Denis E. Dillon Malachy Edward Mannion Mineola, NY Denis E. Dillon Patrick J. McCormack Jr. Garden City, NY Denis E. Dillon Edward Joseph Miller Mineola, NY Denis E. Dillon Eugene Andrew Muitha Mineola, NY Denis E. Dillon Daniel E. O'Brien Mineola, NY Denis E. Dillon Susan Katz Richman Mineola, NY Denis E. Dillon Alan Jonathan Schwartz Plainview, NY Denis E. Dillon Michael Lawrence Soshnick Mineola, NY Denis E. Dillon Bruce E. Whitney Mineola, NY Denis E. Dillon Linwood A. Jones East Orange, NJ Loris P. Primus Shirley Stewart Farmer New York, NY Loris P. Primus Rhonda Lynn Ferguson New York, NY Loris P. Primus Curtis E. Rodgers New York, NY Loris P. Primus Betty Elizabeth Staton Brooklyn, NY Loris P. Primus Luther Charles Williams Jr. Brooklyn, NY Loris P. Primus Lisa Marie Burke Rockville Centre, James N. NY Gallagher Michael Lawrence Chartan Mineola, NY James N. Gallagher Joseph H. Driscoll Jr. Freeport, NY James N. Gallagher Maralynne Flehner New York, NY James N. Gallagher Camell Thomas Foskey Mineola, NY James N. Gallagher MONDAY, MAY 20, 1985

Applicant City and State Movant

Catherine Noto Gray Rockville Centre, James N. NY Gallagher Garrett Patrick Hopkins Mineola, NY James N. Gallagher Kathryn Driscoll Hopkins Mineola, NY James N. Gallagher Michael T. Hopkins Mineola, NY James N.' Gallagher Ilyse Susan Jeskin Westbury, NY James N. Gallagher Roy S. Mahon Baldwin, NY James N. Gallagher Donai Matthew Mahoney Westbury, NY James N. Gallagher Peter L. Pagones Bellmore, NY James N. /"Ill 1 Gallagher Santa C. Rozzi Mineola, NY James N. Gallagher

Angelo P. Scarinzi ' Rockville Centre, James N. NY Gallagher

Adjourned until Tuesday, May 28, 1985 at 10 o'clock.

(JOURNAL) TUESDAY, MAY 28, 1985 677 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-1571. Myron H. O'Keefe, etc., Appellant v. County of Henne- pin. Appeal from the Court of Appeals of Minnesota. The appeal is dismissed for want of a substantial federal question.

Orders in Pending Cases

No. D-478. In the Matter of Disbarment of Anna Cotton Hailey. Dis- barment order entered. No. D-487. In the Matter of Disbarment of Irving Tabman. Disbar- ment order entered.

No. 102, Original. State of Indiana, Plaintiff v. United States of America, United States House of Representatives, Thomas P. O'Neill, Jr., Benjamin J. Guthrie, Jack Russ and James T, Malloy. The motion to amend the proposed complaint is granted. The motion for leave to file a bill of complaint is denied.

No. 84-773. Michael Bender, et al., Petitioners v. Williamsport Area

School District, et al. The motion of respondents for divided argument to permit American Jewish Congress to present oral argument as amicus curiae is denied.

No. 84-1044. Pacific Gas and Electric Company, Appellant v. Pubhc

Utilities Commission of California, et al. The motion of the parties to dispense with printing the joint appendix is granted.

No. 84-1361. United States, Petitioner v. Kenneth Moses Loud

Hawk, et al. The motion for appointment of counsel is granted and it is ordered that Kenneth Saul Stern, Esquire, of Milwaukie, Oregon, is appointed to serve as counsel for the respondents in this case.

No. 84-6743. Talakkottur R. David, Petitioner v. American Tele- phone & Telegraph Company, et al. The application for stay addressed to Justice Blackmun and referred to the Court is denied. 678 TUESDAY, MAY 28, 1985

Appeals—Jurisdiction Noted

No. 84-1538. Alexandra Fisher, et al., Appellants v. City of Berke- ley, California, et al. Appeal from the Supreme Court of California. The motion of California Association of Realtors for leave to file a brief as amicus curiae is granted. The motion of California Building Industry

Association for leave to file a brief as amicus curiae is granted. In this case probable jurisdiction is noted limited to Question 1 presented by the statement as to jurisdiction. The appeal as to Question 2 presented by the statement as to jurisdiction is dismissed for want of a substantial federal question.

Certiorari Granted

No. 84-1580. United States, Petitioner v. Joseph Inadi. Petition for writ of certiorari to the United States Couil of Appeals for the Third Circuit granted.

No. 84-1586. Edward Malley and Rhode Island, Petitioners v. James R. Briggs and Louisa Briggs. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 84-1531. Michigan, Petitioner v. Robert Bernard Jackson; and

No. 84-1539. Michigan, Petitioner v. Rudy Bladel. The motions of respondents for leave to proceed in forma pauperis are granted. Petitions for writs of certiorari to the Supreme Court of Michigan granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 84-1141. Michael Holland, Arnold Holland, Paul Murphy, and

Lawrence John Holland, Petitioners v. United States. Petition for wTit of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1319. Neal H. Densmore, Petitioner v. City of Boca Raton,

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

No. 84-1376. Grim Hotel Company, et al., Petitioners v. WilHam E. Brock, Secretary of Labor, United States Department of Labor and 177 Named Employee Plaintiffs. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY, MAY 28, 1985 679

No. 84-1385. William Allen Wright, Petitioner v. Al Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1423. Gustof Charles Feyers, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-1435. Fletcher Keith Adkinson, Petitioner u Frederica Anne Adkinson. Petition for writ of certiorari to the Circuit Court of West Virginia, Jefferson County denied.

No. 84-1475. Holocard, Petitioner v. American Telephone & Tele- graph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1563. Blinder, Robinson & Co. , Inc. and Meyer Blinder, Peti- tioners V. Securities and Exchange Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1569. Bardomiano Aguilar and Rosa Aguilar, etc. , Petitioners

V. County of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1572. Sylvester Marx, etc.. Petitioner v. Centran Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1573. Bharati Desai, Petitioner v. Tompkins County Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1578. Isabel Morel De Letelier, et al.. Petitioners v. The Re- public of Chile, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1581. Sealy, Incorporated, et al.. Petitioners v. Ohio-Sealy

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

No. 84-1582. R. S. Martin, Jr., et al., Petitioners u Kilgore First Bancorp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1592. Daniel R. Smelser, Petitioner v. Charles Kelley, Judge, District Court of Oklahoma County, Oklahoma. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 84-1598. Mose Holland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 680 TUESDAY, MAY 28, 1985

No. 84-1607. North East Independent School District, et al., Peti- tioners u Charles Findeisen. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1627. Arthur T. Davidson, Petitioner v. Caledonian Hospi- tal. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1670. Fg Fleuzeugleasing GmbH, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 84-1688. Jose Rodriguez Ospina, Petitioner u United States. Petition- for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1690. Juan R. Enriquez, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-1696. Paul Heaney, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6102. Eldon Jensen, Petitioner v. Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-6196. Robert Joost, Petitioner v. United States Parole Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6303. Lorenzo Baldonado, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6329. Kenneth Dale Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 84-6495. Lionel Williams, Petitioner u Frank Blackburn, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-6502. Ming Shen Wong, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 84-6503. Kenneth Michael Peterson, Petitioner u Linda Melton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. TUESDAY, xMAY 28, 1985 681

No. 84-6512. Donny Joel Harvey, Petitioner v. Jim Andrist, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6514. Ralph M. Lepiscopo, Petitioner v. Alan Shuman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6525. Ronald Herrington, Petitioner v. Michael Tomasky, et al. Petition for writ of certiorari to the Circuit Court of Monongalia County, West Virginia denied.

No. 84-6533. Virgil Franklin Ryder, Petitioner v. Terry Morris, Superintendent, Moberly Training Center for Men. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6535. Ruchell Cinque Magee, Petitioner v. Louis Dabdoub, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 84-6563. Joseph Francis Tinghitella, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6568. Roger Hayes, Petitioner v. Eugene S. LeFevre, Super- intendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6595. Leo Harold Robinson, Petitioner v. Richard C. Old- ham, Judge, David Stengle and Frances L. Huselden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6608. Constancio R. Accibal, Petitioners Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-6611. Benjamin Ruggiero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6616. Joseph Bejjani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6618. Henry Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 682 TUESDAY, MAY 28, 1985

No. 84-6630. Larry T. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-6637. Robert Tribble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6674. Richard Fabian, Petitioners City of Miami, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1506. Airwork Service Division, Petitioner v. Director, Divi- sion of Taxation of New Jersey. The motion of Consumer Bureau for leave to file a brief as amicus curiae is granted. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The motion of American Civil Liberties Union of New Jersey for leave to file a brief as amicus curiae is granted. Peti- tion for writ of certiorari to the Supreme Court of New Jersey denied.

No. 84-1524. Bertell Oilman, Petitioner v. Rowland Evans and Rob- ert Novak. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissenting opinion by Justice Rehnquist with whom The Chief Justice joins.

No. 84-1577. Forro Precision, Inc., Petitioner v. International Busi- ness Machines Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 84-6156. Velma P. Cooper, Petitioner v. United States. 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 Brennan and Justice Marshall join.

No. 84-6249. Oscar W. Wesley, Petitioner v. United States. 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 Brennan and Justice Marshall join.

No. 84-6181. Douglas J. Cospito, et al, Petitioners v. Margaret M. Heckler, Secretary of Health and Human Services, et al. The motion of Arkansas Legal Services Support Center, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6395. Leonel Torres Herrera, 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 28, 1985 683

No. 84-6399. Michael Albert Cervi, 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. 84-6505. Dickie Gaines, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6534. Raymond Lee Stewart, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6507. Charles Edward Calvert, Petitioner v. Nathaniel Sharp. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Blackmun would grant certiorari.

Habeas Corpus Denied

No. 84-6649. In Re Ruchell Cinque Magee, Petitioner. Petition for writ of habeas corpus denied.

Rehearings Denied

No. 84-6250. Charles Milton, Petitioner v. Raymond K. Procunier, Director, Texas Department of Corrections;

No. 84-6311. James Anderson Mitchell, Petitioner v. Edwin Meese, III, Attorney General of the United States; and

No. 84-6340. Roy Anderson Day, Petitioner v. Amoco Chemicals Corporation. The petitions for rehearing are denied.

No. 84-5564. Vojtech Dano, Petitioner v. Maria Szombathy. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Tuesday, May 28, 1985, until Mon- day, June 3, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Julie Badel Chicago, IL Harry Sangerman John R. Bergstrom Janesville, WI Frank X. Kinast 684 TUESDAY, MAY 28, 1985

Applicant City and State Movant

Karen Lynn Bisaccio Boston, MA James N. Gabriel H. Andre Blau San Francisco, CA James R. Frolik William Boggs Missoula, MT Deirdre Boggs Frank M. Bosworth, Jr. Clearwater, FL Raymond 0. Gross Freeman Douglas Canty Charlotte, NC Henry W. Underbill, Jr. Thomas S. Cosma Newark, NJ Mark Lawrence Fleder Vaughan Ransone DeKirby San Diego, CA Jeffrey Jack Bruflat Vincent M. DeOrchis New York, NY Mario E. DeOrchis Michael Emery Dietrick Stockton, CA Jerrold N. Offstein Robert J. Ffrench Dallas, TX Joseph F. Canterbury, Jr. Ronald Corydon Finch Anna, IL Donald R. Mitchell Mary-Christy Fisher Washington, DC Justice Harry A. Blackmun Steven Frischer South Miami, FL Michael Dean Ray Alexa D. M. Fujise Honolulu, HI Herman T. F. Lum Paul Raymond Gauer Bloomfield, NJ Richard Newman Theodore W. Geiser Newark, NJ Mark Lawrence Fleder Thomas M. Geisness Seattle, WA John P. Sullivan David Patrick Geraghty Milwaukee, WI Dennis P. Coffey Guy Jerome Gilbert Huntington Stephan A. Beach, CA DeSales James T. Gilbert Richmond, KY Charles Russell Coy John Bennett Gordon Minneapolis, MN G. Alan Cunningham Richard Grainger Tyler, TX Jack William Flock Stephen Robert Greene Washington, DC Edward S. Cogen TUESDAY, MAY 28, 1985 685

Applicant City and State Movant

Stephen L. Griffith Portland, OR Ernest Bonyhadi Joyce Ann Harpole Portland, OR George Karl Meier III Terence L. Hauver New Orleans, LA Max Nathan, Jr. Charlotte Anne Hayes Washington, DC Raoul Lord Carroll Harold Richard Henderson, Washington, DC Paul F. Mickey, Jr. Jr. Blaise Lamont Hill Alexandria, LA Lewis Olivier Lauve William R. Hoatson Washington, DC Michael R. Waller David Richard Johnson Murphysboro, IL David William Watt, Jr. Dennis James Johnson Philadelphia, PA Bruce K. Cohen Scott W. Johnson Minneapolis, MN Lawrence C. Brown

Anne P. Jones Washington, DC Donald I. Baker Jack 0. Kalmink Detroit, MI Michael A. Holmes Robert Kalter North Miami, FL Sheryl Joyce Lowenthal Thomas Frank Kauza Woodhaven, MI Richard Alan Harvey Gary Lynn Kilgore Austin, TX Howard Anthony Hickman Stuart R. Koenig Cedar Grove, NJ Frederic G. Stickel III Harold Hongju Koh Washington, DC Justice Harry A. Blackmun Scott Wesley Lang New Bedford, MA Paul J. Mathieu Jay M. Lapine Dayton, OH Neil F. Freund William F, Lawless Altamonte James P. Panico Springs, FL Jeffrey A. Lehmann Houston, TX Michael Anthony Maness Wendy Frank Lumish Miami, FL Peter Lawrence Wechsler Edward James Lynch New York, NY Benjamin Thomas Richards, Jr. 686 TUESDAY, MAY 28, 1985

Applicant City and State Movant

William McEuen Santa Fe, NM Michael Dickman Michael K, McLemore Miami, FL Jos. W. Womack Richard D. McWilliams Spokane, WA Robert L. Simpson Brian Meyer East Rockaway, Jerome J. Burke, NY Jr. Brendan Keefe Louisville, KY Edwin A. Montgomery- Schroering, Jr. John Francis Neary Newark, NJ Mark Lawrence | Fleder I

David Landel Nichols Washington, DC Thomas T. Basil I Nancy Owens-Cierley Visalia, CA Mark D. Rosenbaum Jack Minyard Partain, Jr. San Antonio, TX Joel H. Klein Douglas Wayne Poole Galveston, TX Benjamin Rush ; Powel

Kenneth C. Powers Anchorage, AK Stanley Thomas t fischer Phillip Vincent Price Indianapolis, IN Lawrence Mark Reuben T. Jeffrey Salb Norfolk, VA Edw. L. Breeden, Jr. Guido Saveri San Francisco, CA John Andrew Kithas Robert W. Scott Peoria, IL Timothy Whitzel Swain II Robert L. Shepherd New York, NY Mario Merola Hayden J. Silver III Charlotte, NC George R. Hodges Faren R. Siminoff New York, NY Jordan Miles Newman Daniel B. Thrailkill Mena, AR Robert Nabors Shaw William Lynn Thurston Richmond, VA James Thomas Moore III Dennis M. Tobin Chicago, IL James Robert Thompson, Jr. Gerrick VanDeusen North Providence, Donald Robert RI Lembo

1 TUESDAY, >IAY 28, 1985 687

Applicant City and State Movant

Richard J. Wallis Seattle, WA Ronald E. McKinstry Mark Charles Weber Onicago, IL Jean Fleming Powers /*1 A TT7 1- TTT George A. Weber III Baltimore, MD Peter G. Angelos Cynthia Smith Caldwell Washington, DC Michael Craig Weglicia Turpen Gregory Cassell Wentz Lancaster, OH George Weber Coen William Robert White Columbus, OH Samuel L. Devine Peter Stephen Williams Stewart Manor, Joseph T. Carney NY George Lamar Williamson Meridian, MS Ed Davis Noble, Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lewis F. Powell III Richmond, VA Justice Lewis Franklin Powell, Jr. Mims Maynard Powell Richmond, VA Justice Lewis Franklin Powell, Jr. Edward C. Rapp Phoenix, AZ Daniel Martin Redmond Robert A. Smoley Miami, FL Neale J. Poller Dorothy L. Carfrae Downey, CA Ralph M. Monkarsh Reynaldo Chaparro Downey, CA Ralph M. Monkarsh Robert G. Drees Los Angeles, CA Ralph M. Monkarsh Ruffo Espinosa, Jr. Norwalk, CA Ralph M. Monkarsh Charles Edward Frisco Los Angeles, CA Ralph M. Monkarsh Geoffi-ey C. Huang Monterey Park, Ralph M. CA Monkarsh 688 TUESDAY, MAY 28, 1985

Applicant City and State Movant

Kenton Edward Krogstad South Gate, CA Ralph M. Monkarsh Richard Arthur LaPan Los Angeles, CA Ralph M. Monkarsh

Jack I. Massey Needles, CA Ralph M. Monkarsh Judith Lynn Miller Bellflower, CA Ralph M. Monkarsh Paul Stuart Patterson La Mirada, CA Ralph M. Monkarsh David W. Perkins Downey, CA Ralph M. Monkarsh F. Lawrence Plotkin Downey, CA Ralph M. Monkarsh Javier B. Ramirez Downey, CA Ralph M. Monkarsh James F. Rusch Whittier, CA Ralph M. Monkarsh Eugene Lee Takamine Los Angeles, CA Ralph M. Monkarsh Leo R. Villa Los Angeles, CA Ralph M. Monkarsh Robert A. Villa Los Angeles, CA Ralph M. Monkarsh John H. Wilbur Downey, CA Ralph M. Monkarsh Mary Lynne Wright Bell Gardens, CA Ralph M. Monkarsh Neil A. Wysong South Gate, CA Ralph M. Monkarsh Florine Gelfer Fullerton, CA Robert Rowe Jenkins Robert E. Lowenstein, Jr. VanNuys, CA Robert Rowe Jenkins Kenneth F. Laritz Warren, MI Robert Rowe Jenkins Lawrence Alan Meyerson Detroit, MI Robert Rowe Jenkins TUESDAY, MAY 28, 1985

Applicant City and State Movant

Robert Lewis Mark Hannibal, MO Robert Rowe Jenkins John S. Hogg Hamilton, NY Robert Rowe Jenkins Joel Martin Scheer Easton, PA Robert Rowe Jenkins Ronald Etheridge Anderson Los Angeles, CA Judge Norma Holloway Johnson Irwin S. 'Evans Los Angeles, CA Judge Norma Holloway Johnson Arnold A. Widener Los Angeles, CA Judge Norma Holloway Johnson Lee R. Young, Jr. Los Angeles, CA Judge Norma Holloway Johnson Agnes Margretta Bailey- Washington, DC Judge Norma Holloway Johnson Elton Josiah Lester Washington, DC Judge Norma HoUoway Johnson T. Michael Peay Washington, DC Judge Norma Holloway Johnson Yvonne LaVeme Williams Washington, DC Judge Norma Holloway Johnson Ottie Andre Bryant Chicago, IL Judge Norma Holloway Johnson John Calvin Gwynn Peoria, IL Judge Norma Holloway Johnson Michele Marie Oliver- Peoria, IL Judge Norma Gwynn Holloway Johnson 690 TUESDAY, MAY 28, 1985

Applicant City and State Movant

William A. Blakey Louisville, KY Judge Norma Holloway Johnson

Carolyn I. Wright DaUas, TX Judge Norma Holloway Johnson

Opinions

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K, Landreth, 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 Powell. Dissenting opinion by Justice Stevens in this case and in No. 84-165, Gould, W. George v. Ruefenacht, Max, post.

No. 84-165. W. George Gould, Petitioner u Max A. Ruefenacht, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit, Judgment affirmed. Opinion by Justice Powell. Dissent- ing opinion by Justice Stevens in this case and in No, 83-1961, Landreth Timber Co. v. Landreth, Ivan K., ante.

No. 83-2166. Philip Q. Zauderer, Appellant v. Office of Disciplinary Counsel of the Supreme Court of Ohio. Appeal from the Supreme Court of Ohio. Judgment affiimed in part, reversed in part, and case remanded to the Supreme Court of Ohio 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 j with whom Justice Marshall joins. Opinion by Justice O'Connor concurring in part and dissenting in part with whom The Chief Justice and Justice Rehnquist join. Justice Powell took no part in the decision of this case.

Adjourned until Monday, June 3, 1985 at 10 o'clock. X

No. A-903. Marvin Francois, Applicant v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections, The application for stay of execution of the sentence of death scheduled for Wednesday, May 29, 1985, presented to Justice Powell and by him referred to the Court is denied. Dissenting opinion by Justice Brennan with whom Justice Mar- shall joins. (JOURNAL) MONDAY, JUNE 3, 1985 691 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O^Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-1609. Joan L. Murphy, et al.. Appellants v. Pennsylvania Human Relations Commission, et al. Appeal from the Supreme Court of Pennsylvania, Eastern District. The appeal is dismissed for want of a substantial federal question.

No. 84-1763. Pauline Walber, etc., appellant v. United States De- partment of Housing and Urban Development. Appeal from the United States Court of Appeals for the Sixth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-1764. Pauline Walber, etc, appellant v. United States. Appeal from the United States Court of Appeals for the Federal Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-6529. Martha B. Gaunce, Appellant v. Idaho. Appeal from the Supreme Court of Idaho. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Orders in Pending Cases

No. D-484. In the Matter of Disbarment of James Edward Wolbrab. Disbarment order entered.

No. D-485. In the Matter of Disbarment of Alex Gerhart Logan, III. Disbarment order entered. No. D-486. In the Matter of Disbarment of Leonard Adolph Delk^ Leonard Adolph Delk, 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 692 MONDAY, JUNE 3, 1985

Bar of this Court. The Rule to Show Cause, heretofore issued on March 25, 1985, is hereby discharged. No. D-494. In the Matter of Disbarment of Robert Douglas Ed- wards. It is ordered that Robert Douglas Edwards, of Destin, 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-495. In the Matter of Disbarment of Leon Dicker. It is ordered that Leon Dicker, 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-496. In the Matter of Disbarment of Charles Kilbum Hyter. It is ordered that Charles Kilbum Hyter, of Hutchinson, 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-497. In the Matter of Disbarment of Michael Maulsby Moore.

It is ordered that Michael Maulsby Moore, of Everett, Washington, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-498. In the Matter of Disbarment of Harold G. Slone. It is ordered that Harold G. Slone, of Lexington, Kentucky, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 84-6646. Willie Lloyd Turner, Petitioner u AUyn R. Sielaff, Director, Virginia Department of Corrections. The motion for appointment of counsel is granted and it is ordered that J. Lloyd Snook III, Esquire, of Charlottesville, Virginia, is appointed to serve as counsel for the petitioner in this case.

Appeals—Jurisdiction Postponed

No. 84-1601. Aetna Life Insurance Co., Appellant v. Margaret W. Lavoie and Roger J. Lavoie, Sr. Appeal from the Supreme Court of Alabama. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. MONDAY, JUNE 3, 1985 693 Certiorari Granted

No. 84-782. South Carolina, et al., Petitioners v. Catawba Indian Tribe of South Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 84-1513. California, Petitioner v. Dante Carlo Ciraolo. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, granted limited to Question 1 presented by the petition.

No. 84-1602. Jack Anderson, et al.. Petitioners v. Liberty Lobby, Inc. and Willis A. Carto. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to Question 1 presented by the petition. No. 84-1636. R. C. Marshall, Superintendent, Southern Ohio Correc- tional Facility, Petitioner v. James Michael Mathews. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 84-6470. Robert Davidson, Petitioner v. Joseph Cannon, et al. The motion of petitioner for leave to proceed in forma pauperis is granted and the petition for a writ of certiorari to the United States Court of Appeals for the Third Circuit are granted. The case is set for oral argument in tandem with No. 84-5872, Daniels v. Williams.

Certiorari Denied

No. 84-627. City Council of the City of Chicago, Petitioner v. Mars

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

No. 84-708. American Horse Shows Association, Inc., Petitioner v.

Eighth Judicial District Court of Nevada, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 84-866. Valeria Reed and Marcella Rouldand, Co-Executors of the Estate of Veronica Hancher, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1134. Goldmar, Ltd., Inc., et al., Petitioners v. George Gree- ley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 694 MONDAY, JUNE 3, 1985

No. 84-1140. Nick Melia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1250. Jerry Ray Messer, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 84-1285. Mary Jane Palmer, Petitioner v. Frank W. Palmer, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 84-1320. Jerry D. Radford, Petitioner v. Arnold R. Jago, Super- intendent, London Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1374. C. Mack Cain, Petitioner v. Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. NOc 84-1397. Northwest Commercial Fishermen's Federal Recovery Association, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1415. Leo L. Martelon, Petitioner v. Herbert R. Temple, Jr.,

Director of the National Guard Bureau, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1436. Dugan & Meyers Construction Co., Inc., et al., Peti- tioners V. Worthington Pump Corporation (USA). Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1442. August S. Carstens, Friends of the Earth, Petitioners

V. Nuclear Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 84-1502. Sheriff of the County of Newaygo, Michigan, et al..

Petitioners v. Marvin Robert Deur. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 84-1504. S. G. Frantz Co., Inc., Petitioners. Director, Division of Taxation of New Jersey. Petition for writ of certiorari to the Supe- rior Court of New Jersey, Appellate Division, denied.

No. 84-1568. Quaker City Gear Works, Inc., et al.. Petitioners v. Skil Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY, JUNE 3, 1985 695

No. 84-1589. Richard M. Barney, Jr., Petitioner v. Disciplinary Board of the Washington State Bar Association. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 84-1597. Stella E. Mann, Petitioner v. Isadore Spiegel. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 84-1599. Bass Aviation, Inc., Petitioner v. Margarita Hernan- dez, as Personal Representative of the Estate of Rafael Hernandez, Jr., deceased, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 84-1600. Basheer Hameed, etc. and Abdul Majid, etc., Petition- ers V. W. Clinton Jones, Superintendent, Great Meadow Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-1612. Kenneth W. Kizer, Director, Department of Health

Services, et al.. Petitioners v. Anna Jeneski, William Swain, Edith Pantilla and Arthur Colvin. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 84-1614. Charles Campbell, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 84-1615. Borough of Demarest, et al.. Petitioners v. Township of

Mahwah, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 84-1618. Gary Alan Kopczynski, Petitioner v. The Jacqueline, Documentation No. 519060, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1620. Bolar Pharmaceutical Co., Inc., Petitioner v. Ciba- Geigy Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 84-1629. International Association of Machinists and Aerospace

Workers Pension Plan, et al.. Petitioners v. Edward Shaw, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1631. Steven Walter Lucas, Petitioner v. Daniel Interna- tional Corporation. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 84-1651. Florida, Petitioner v. Henry Marcy Manee. Petition for writ of certiorari to the District Coiul of Appeal of Florida, Second Dis- trict, denied. 696 MONDAY, JUNE 3, 1985

No. 84-1694. Sharyland Water Supply Corporation, Petitioner v. John R. Block, individually and as Secretary, United States Depart- ment of Agriculture, et aL Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1721. Robert V. Rafter, Petitioner v. Anglo-Iranian Oil Co.,

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

No. 84-1735. John Vincent Waters, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania denied.

No. 84-1742. John Carbone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1753. James J. Feuling, Petitioner v. William E. Wood, dba

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

No. 84-1762. John Cerasani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6171. Armando Benitez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6387. Ronald S. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6530. Michael Ian Dusakto, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-6532. Monty Charles Pichon, Petitioner u Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-6538. Peggy Simpson-Wood, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 84-6542. Tommy Dwayne Prince, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6543. Michael Wilson, Petitioner v. Correctional Officers Wiley, Russell and Anderson. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, JUNE 3, 1985 697

No. 84-6545. Anthony DeMarco, Petitioners A. Ilium Hansen, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6546. Robert Anthony Williams, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6547. Melvin Douglas Sayan, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6548. Roger Lee Clark, Petitioner v. Roscoe Bruce, Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6550. William C. Baylies and Peter C. Andresen, Petitioners

V. Prince George's County, Maryland. Petition for writ of certiorari to the Circuit Court for Prince George's County, Maryland denied.

No. 84-6552. Willie Lavon Austin, Petitioner v. John N. Brown, Warden. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 84-6554. Doris McKinney Gambrell and Eugene C. Gambrell,

Petitioners v. Arthur N. Martin, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6555. Abdullah Ramadan Shabazz, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 84-6556. Gary Graves, Petitioner v. David A. Garraghty, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6557. Burl Anderson Howell, Petitioner v. Donaldson C. Cole, Jr., Judge, Circuit Court for Cecil County. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6559. Richard Elhnan Strahan, Petitioner v. Frank Black- bum, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6564. Alex J. Sarron, Petitioner 2;. Melvyn B. Frumkes. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 698 MONDAY, JUNE 3, 1985

No. 84-6569. Edward J. Johnson, Petitioner v. United Automobile Workers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6581. Teddy C. Keen, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 84-6586. Manuel Colino Escobar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6599. Alvin Max Cohodas, Petitioner v. Air Products and Chemicals, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6645. Murry Lee McDaniel, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First Supreme Judi- cial District, denied.

No. 84-6648. Hsieh Hui-Mei Chen, Petitioner v. United States; and

No. 84-6650. Tsang-Chi Chen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6652. Alfred Herman LeAmous, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6654. Cecil J. Humphrey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6656. Wally P. Lindsley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6657. Roland Fahnbulleh, Petitioner u United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No, 84-6664. Marvin Flowers, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6670. Kent Norman, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 84-6680. David Wayne Baker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, JUNE 3, 1985 699

No. 84-6684. Albert R. Salman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6690. Jose Luis Pizarro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 84-6692. George Mark Seals, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-634. Chevron U.S.A., Inc., et al. Petitioners v. William J.

Sheffield, Governor of Alaska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Opinion by Justice Stevens respecting the denial of certiorari. Dissenting opinion by Justice White.

No. 84-1307. Fortune Odend'hal, Jr., et al.. Petitioners v. Commis- sioner of Internal Revenue. The motion to substitute Harry R. Smith, Jr., as Personal Representative of Estate of Ivan V. Magal, deceased, as a party petitioner is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1495. Ralph Kemp, Warden, Petitioner v. Curfew Davis. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6449. James Franklin Rose, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6639. Viva Leroy Nash, aka Paul Henderson, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6601. Curfew Davis, Petitioner v. Ralph Kemp, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting opinion by Justice White. Dissent- ing statement by Justice Brennan and Justice Marshall. Rehearings Denied

No. 84-1299. Ramiro Arango, Appellant v. Florida;

No. 84-1329. Diane B. Crea, Appellant v. New York;

No. 84-5339. Jimmy C. Wingo, Petitioner v. Louisiana;

No. 84-6018. Alphonzo Harrison, Petitioner v. Larry Meachum, Di- rector, et al.; 700 MONDAY, JUNE 3, 1985

No. 84-6262. Jerome Allen Bragg, Petitioner v. Tom Cave, Judge, etc.;

No. 84-6320. Roy Anderson Day, Petitioner v. Reagan Cartwright, et al.;

No. 84-6373. Ramon Pedro Hernandez, Petitioner v. Harold Duncan, et al.; and

No. 84-6431. Edward R. J. Primbs, Petitioner v. United States. The petitions for rehearing are denied.

No. 84-5801. Bobby Earl Austin, Petitioner v. Warren Young, Superintendent, Waupun Correctional Institution, Waupun, Wisconsin. The motion for leave to file a petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 84-6152. Judith Friedman, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services, et al. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Tuesday, June 4, 1985, until Mon- day, June 10, 1985.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Rick B. LeVinson Tampa, FL Justice Arthur J. Goldberg Charles Doulgas Reite MinneapoHs, MN Robert Clayton Seaman, Jr. Harry Arthur Olivar Los Angeles, CA James Lawry Nolan David H. Keay Wheaton, IL James Bradley Snow Frank D. Angelastro Newark, NJ Wilham J. Brennan III Richard Larry Angelini Trenton, NJ William J. Brennan III William Francis Aranguren Jersey City, NJ WilUam J. Brennan III MONDAY, JUNE 3, 1985

Applicant L/ity and otate Movant

Bunce Draper Atkinson Tinton Falls, NJ WilUam J.

Brennan I] Arthur P. Attenasio Westfield, NJ William J.

Brennan I] Donna Jean Baboulis Fort Lee, NJ William J.

Brennan I] Allen Jeffrey Barkin West Orange, NJ William J.

Brennan I] Lynda Diane Baydin Morristown, NJ William J.

Brennan I] David Newton Buda Closter, NJ William J.

Brennan IJ Leigh E. Buggeln Newark, NJ William J.

Brennan I] Edward Peter Busichio Scotch Plains, NJ William J.

Brennan I] Ralph N. Capone West Orange, NJ WilHam J.

Brennan I] Mark Steven Carter Hackensack, NJ WUHam J.

Brennan I] Vincent A. Cino Millbum, NJ William J.

Brennan I] David Marc Cohen Montclair, NJ William J.

Brennan I] Vincent D. Commisa Nutley, NJ WilHam J.

Brennan I] Beth Anne D'Alessandro Jersey City, NJ William J.

Brennan I] Daniel A. D'Alessandro Jersey City, NJ WilHam J. Brennan E John Francis DeBartolo Tinton Falls, NJ WilHam J.

Brennan I] Joan Ellen Dowling Plainfield, NJ WilHam J.

Brennan I] Stephen Neil Dratch Roseland, NJ WiUiam J.

Brennan I] Kenneth Charles Eckles Plainfield, NJ WiUiam J.

Brennan I] 702 MONDAY, JUNE 3, 1985

Applicant City snd State Movant

Steven Henry Einstein Newark, NJ WUHam J. Brennan III John Andrew Feams Paterson, NJ WiUiam J. Brennan III Stephen R. Fogarty Rutherford, NJ William J. Brennan III Marilyn R. Frankenthaler Kingston, NJ William J. Brennan III Patricia Myrtle Franklin Newark, NJ William J. Brennan III John Drew Frederickson Fort Lee, NJ WilUam J. Brennan III Leonard D. Furman East Brunswick, WilHam J. NJ Brennan III Francis J. Giantomasi Newark, NJ WnUam J. Brennan III Martin George Gilbert Paramus, NJ WUliam J. Brennan, Jr. Jane Frances Gilligan East Orange, NJ Wniiam J. Brennan III Lynn R. Goldthwaite Denville, NJ William J. Brennan III Eugene Gorrin Edison, NJ WilHam J. Brennan III Rodney T. Hara Rutherford, NJ William J. Brennan III Samuel Hartstein Englewood, NJ WilUam J. Brennan III Charles Peter Hopkins II Rumson, NJ William J. Brennan III Mark A. Infante West Orange, NJ William J. Brennan III Garrett Leonard Joest III Tom River, NJ William J. Brennan III Thomas Michael Kaczka Newark, NJ William J. Brennan III Steven P. Kartzman Morris Township, WiUiam J. NJ Brennan III , 1

MONDAY, JUNE 3, 1985

Applicant City and State Movant

l\TnTT^i own ^.T William J

Breiman II.

Tpffrpv H Kat7 0|JXSnyinorfiplHXXigXXCXlX) liU^.T WilliamVV XXXXClXIX oT Brennan II

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(~litv CdbX XV^XA XTXCU. jr J^ClilV^ClOwCX tl-Tpt^pvV Vp^XL V X^tlN.T WilhamTV XXXXdXIX J • X CX J U Brennan TT Tjfltnrp X^ClWXdiV^CTiawTPTipp X^Cll/WX c X^CWCUIVyNpwnvlc X^tlN-T WilhamTV XXXXdXXX Jtl • Brennan II T^nhpTi" T^pnnis! TiJinTinn XvUUCX \j X^dXlXLi3 XJAIXX XXiU OliUXShortt XXXXXO^Hills XiuNJ WilliamVV XXXXdXXX oJ • Brennan TT -Tp'ffVpv TiP^fpT* CXXX C V XXXCUlAljin X_iCi3l/CX HawnrthXXdWUXLXt^ NJXl

Rflcslrino' TîHo'P XPaulaUX XX..H xjucxxxcxT.opfflpr XJaoAXXlg XvXUgC^ WilhamVV XXXXdXXX oJ • NJ Brennan II P^.rliQnn N.T JÛliXlCt lU. XjUIIIUCIX ux X_JliXoUIl^ Xiu WilliamVV XXXXdXIX Jo • Brennan IT IVTflTicmnn T^îlmwrinH J^vyUXOTinni^ XTXClXlgClXXL/ X_JXXil W UvfVX XPatIcdX xV^ WilhamTT XXXXdXXX Jtl • NJ X^XBrennanwXXlXMXX XÎT

IVTflvfnQPplIn AA/^jivT*pn TTptit^XXCXXX V X^XlLllWllVAntVinnv ITXdX l/LlO\^CXX«J VVCUXv^Xl^ XlcJN.T WilhamTT XXXXdXXX OJ • Brennan IT

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X^XBrennan^IXlXCiXl XXTT

-TnHifVi IXTpncipViilf U IXLlXtll iVXt iTXCliodXLIV PTQplfPnQQpt N.T WilliamVV XXXXdXXX oJ • Brennan II Richard Meola Nutley, NJ Wilham J. Brennan II Martin A. Moriano Newark, NJ Wilham J. Brennan II James T. O'Halloran Newark, NJ Wilham J. 704 MONDAY, JUNE 3, 1985

Applicant City and State Movant

Kim Robert Onsdorff Jersey City, NJ William J. Brennan III Joel Williamson Pangbom Keasbey, NJ William J. IV Brennan III John Cortlandt Phillips Berkeley Heights, William J. NJ Brennan III Robert Fredrick Priestley Newark, NJ WnUam J. Brennan III William J. Prout, Jr. Newark, NJ William J. Brennan III Raymond J. Ryan Netcong, NJ WiUiam J. Brennan III Barbara Ann Sellinger East Hanover, NJ William J. Brennan III Philip R. Sellinger Newark, NJ William J. Brennan III Kathleen Healy Sims Chester, NJ William J. Brennan III Wendy Hope Smith Cliffside Park, NJ William J. Brennan III Jo-Anne Buccinna Spatola Westfield, NJ WiUiam J. Brennan III Howard David Spialter Union, NJ William J. Brennan III Francis Morgan Taylor Livingston, NJ William J. Brennan III Michael L. Testa Vineland, NJ William J. Brennan III Edward C. Thomas, Jr. Caldwell, NJ William J. Brennan III Charles Tregidgo Fair Lawn, NJ William J. Brennan III James J. Tutak Jersey City, NJ William J. RTPTinflTi ITT

Dwayne Chester Vaughn Newark, NJ WilHam J. Brennan III Deborah J. Venezia Woodbridge, NJ WHHam J. Brennan III MONDAY, JUNE 3, 1985 705

Applicant City and State Movant

Philip B. Vinick Springfield, NJ wnnam J. Brennan III William Stuart Wachenfeld Newark, NJ William J. Brennan III Roger Clark Wilson West Orange, NJ WiUiam J. Brennan III Joseph Israel Windman Freehold, NJ WilHam J. Brennan III Joseph Edward Zavesky Maplewood, NJ William J. Brennan III Janine Patricia Homicek New York, NY WiUiam J. Brennan III Eugene David Masson New York, NY William J, Brennan III Judith Kimball Taylor Kent Cambria, CA Alice Louise O'Donnell

Frank J. Terreri Newport Beach, Alice Louise CA O'Donnell Loyal A. Weaver Los Angeles, CA Alice Louise O'Donnell Galen Pandora Alderman Nashville, GA Alice Louise O'Donnell James L. Tungate Watseka, IL Alice Louise O'Donnell Arlyce Ruth Steams Fort Wayne, IN Alice Louise O'Donnell Charles Edward Orcutt Hutchinson, KS Alice Louise O'Donnell Anne Rosenbach New York, NY Alice Louise O'Donnell Robert Andrew Mace Cincinnati, OH Alice Louise O^DonneU Jean Bergeron Columbia, SC Alice Louise O'Donnell Mary Lillian Going Columbia, SC Alice Louise O'Donnell Arlene Dolores Vrana Hand Columbia, SC Alice Louise O'Donnell 706 MONDAY, JUNE 3, 1985

Applicant City and State Movant

Tommy G. Warford Eastland, TX Alice Louise O'Donnell

Opinions No. 84-320. National Fanners Union Insurance Companies and

Lodge Grass School District No. 27, Petitioners v. Crow Tribe of Indi- ans, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit, Judgment is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens.

No. 84-435. Robert Russell, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Judgment affirmed. Opinion by Justice Stevens.

No. 83-1842. Jonathan Garrett, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Concurring opinion by Justice O'Connor. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join. Justice Powell took no part in the decision of this case.

No. 83-1919. City of Oklahoma City, Petitioner v. Rose Marie Tuttle, etc. 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. Justice Rehnquist announced the judgment of the Court, and delivered the opinion of the Court with respect to Part II, and an opinion with respect to Part III, in which the Chief Justice, Justice White, and Justice O'Connor join. Opinion by Justice Brennan concurring in part and concurring in the judgment with whom Justice Marshall and Justice Blackmun join. Dissenting opinion by Justice Stevens. Justice Powell took no part in the decision of this case.

No, 83-2161. Montana, et al.. Petitioners v. Blackfeet Tribe of Indi- ans. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Powell. Dissent- ing opinion by Justice White with whom Justice Rehnquist and Justice Stevens join.

No. 84-325. Metropolitan Life Insurance Company, Appellant v. Massachusetts; and

No. 84-356. Travelers Insurance Company, Appellant v. Massachu- setts. Appeals from the Supreme Judicial Court of Massachusetts. MONDAY, JUNE 3, 1985 707

Judgment affirmed. Opinion by Justice Blackmun. Justice Powell took no part in the decision of these cases.

No. 83-1925. Hillsborough County, Florida, et al., Appellants v. Automated Medical Laboratories, Inc. Appeal from the United States Court of Appeals for the Eleventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

Adjourned until tomorrow at 10 o^clock. X

(JOURNAL) TUESDAY, JUNE 4, 1985 709 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Justice Stevens, and Justice O'Connor.

Opinions

No. 83-1660. Charles M. Atkins, Commissioner of the Massachusetts

Department of Public Welfare, Petitioner v. Gill Parker, et al.; and

No. 83-6381. Gill Parker, et al.. Petitioners u John R. Block, Secre- tary, Department of Agriculture, et al. On writs of certiorari to the United States Court of Appeals for the First Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Dissenting opinion by Justice Brennan with whom Justice

Marshall joins as to Part I. Dissenting Opinion by Justice Marshall. No. 83-812. George C. Wallace, Governor of the State of Alabama, et al., Appellants v, Ishmael Jaffree, et al.; and

No. 83-929. Douglas T. Smith, et al., Appellants v. Ishmael Jaffree, et al. Appeals for the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Stevens. Concurring opinion by Justice Powell. Opinion by Justice O'Connor concurring in the judgment. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice White. Dissenting opinion by Justice Rehnquist.

No. 84-592. Norman Williams and Susan Levine, Appellants v. Ver- mont, et al. Appeal from the Supreme Court of Vermont. 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 Justice Brennan. Dissenting opinion by Justice Blackmun with whom Justice Rehnquist and Justice O'Connor join. Justice Powell took no part in the decision of this case.

No. 83-2129. Barbara R. Schreiber, Petitioner v. Burlington North- em, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by the Chief Justice. Justice Powell took no part in the decision of this case. Justice O'Connor took no part in the consideration or decision of this case.

Adjourned until Monday, June 10, 1985 at 10 o'clock. X

(JOURNAL) MONDAY, JUNE 10, 1985 711 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1952. Pan American World Airways, Inc., Appellant v.

(George Puchert, et al. Appeal from the Supreme Court of Hawaii. The appeal is dismissed for want of a substantial federal question.

No. 84-1150. Mark A. Humphrey and Fredd J. Haas, dba Humphrey

& Haas, Appellants v. Committee on Professional Ethics and Conduct of the Iowa State Bar Association. Appeal from the Supreme Court of Iowa. The judgment is vacated and the case is remanded to the Supreme Court of Iowa for further consideration in Ught of Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio, ill U.S. (1985). Justice Rehnquist and Justice O'Connor would note probable jurisdiction and set the case for oral argument.

No. 84-1248. Village PubUshing Corporation, Appellant v. North Carolina Department of Revenue. Appeal from the Supreme Court of North Carolina. The appeal is dismissed for want of a substantial federal question. Dissenting opinion by Justice White with whom Justice Brennan joins.

No. 84-1553. Ramiro Arango, Appellant v. Florida Bar. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition

for writ of certiorari, certiorari is denied.

No. 84-1682. Frank Cicero, Appellant v. New York. Appeal from the Appellate Division, Supreme Court of New York, Fourth Judicial Department. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certio-

rari, certiorari is denied.

No. 84-6572. Lyle H. Prenzler, Appellant v. Josephine M. Prenzler. Appeal from the Court of Appeal of California, Fourth Appellate Dis- trict. The appeal is dismissed for want of jurisdiction. Treating the 712 MONDAY, JUNE 10, 1985 papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-6579. Stanley March, Appellant v. Catherine Ann March. Appeal from the District Court of Appeal of Florida, Second District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 84-1255. Alpha Beta Company, et al.. Petitioners v. Superior Court of California, County of Alameda, (Rita Nahm, Real Party in Interest). On petition for writ of certiorari to the Court of Appeal of California, First Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, First Appellate District, for further consideration in light of Allis-Chalmers Corporation v. Luecky 471 U.S. — (1985). No. 84-1663. Vemice C. Nichelson, Petitioner v. Quaker Oats Com- pany. 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 Anderson v. City of Bessemer City, North Carolina, 470 U.S. (1985).

No. 84-6159. Russell Allen Kilpatrick, Petitioner v. Margaret M. Heckler, Secretary of Health & Human Services. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to remand the case to the United States District Court for the District of Maryland with instructions to remand the case to the Secretary of Health and Human Services for review pursuant to Section 2(d)(2)(C) of the Social Security Disability Benefits Reform Act of 1984.

Orders in Pending Cases

No. A-884. Janice M. Hayes, Applicant v. Helen C. Cannon. The application for stay and/or other relief addressed to Justice Brennan and referred to the Court is denied. MONDAY, JUNE 10, 1985 713

No. D-477. In the Matter of Disbarment of John B. Kennedy. Dis- barment order entered. No. D-483. In the Matter of Disbarment of CUfford Jackson Bond, III. Disbarment order entered.

No. D-499. In the Matter of Disbarment of FeHx Saul Jacob. It is ordered that Felix Saul Jacob, of Towson, 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-500. In the Matter of Disbarment of Harris N. Walters. It is ordered that Harris N. Walters, of Southampton, 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-501. In the Matter of Disbarment of Charles A. Chartier. It is ordered that Charles A. Chartier, of Junction City, 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-502, In the Matter of Disbarment of Benjamin Sloan Atkins. It is ordered that Benjamin Sloan Atkins, of Atlanta, 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. 83-703. Florida Power & Light Company, Petitioner v. Joette Lorion, etc., et al.; and No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al. The motion of respondent Lorion to retax costs is denied.

No. 84-1244. Susan J. Davis, et al., Appellants v. Irwin C.

Bandemer, et al. The motion of appellants for divided argument to permit Mexican American Legal Defense and Educational Fund to present oral argument as amicus curiae is denied.

No. 84-1288. John V. Evans, et al., Petitioners v. Jeff D., et al. The motion for appointment of counsel is granted and it is ordered that Luvern Charles Johnson, III, Esquire, of Pocatello, Idaho, is appointed to serve as counsel for the respondents in this case.

No. 84-1360. City of Renton, et al.. Appellants v. Playtime Theatres, Inc., et al. The motion of appellees to exclude documents from the joint appendix is denied. 714 MONDAY, JUNE 10, 1985

No. 84-1480. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. David Wayne Greenfield. The motion for appointment of counsel is granted and it is ordered that James D. Whittemore, Esquire, of Tampa, Florida, is appointed to serve as counsel for the respondent in this case. No. 84-1485. John Moran, Superintendent, Rhode Island Depart- ment of Corrections, Petitioner v. Brian K. Burbine. The motion of petitioner to dispense with printing the joint appendix is granted.

Appeals—Jurisdiction Noted

No. 84-1555. John L. Connolly, et al, etc.. Appellants v. Pension Benefit Guaranty Corporation, etc., et al.; and

No. 84-1567. Woodward Sand Company, Inc., Appellant v. Pension Benefit Guaranty Corporation, etc., et al. Appeals from the United States District Court for the Central District of California. In these cases probable jurisdiction is noted. The cases are consohdated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 84-1198. Texas, Petitioner v. Sanford James McCullough. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas granted.

No. 84-1503. Chicago Teachers Union, Local No. 1, AFT, AFL-

CIO, et al, Petitioners v. Annie Lee Hudson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. No. 84-1077. Harol Whitley, Individually and as Assistant Super- intendent, Oregon State Penitentiary, et al.. Petitioners v. Gerald Albers. 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. 84-1259. Dow Chemical Company, Petitioner v. United States, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. The case is set for oral argument in tandem with No. 84-1513, California v. Ciraolo.

Certiorari Denied

No. 83-2067. Tamer Mourad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, JUNE 10, 1985 715

No. 84-1007. New York, Petitioner v. Alfio Ferro. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-1120. Committee on Professional Standards, Petitioner v. Eric P. von Wiegen. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 84-1193. Missouri, Petitioner v. Robert J. Settle. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 84-1233. Truckee-Carson Irrigation District, Petitioner v. Secre- tary, Department of the Interior and Pyramid Lake Paiute Tribe of Indians. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1310. William J. Cull, Administrator of the Estate of Dan B.

Cull, Deceased, et al., Petitioners v. Commissioner of Internal Reve- nue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1326. Philip J. LaPlaca, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1347. Sebastian Rebaldo, etc.. Petitioner v. Mario Cuomo, Governor of the State of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1413. Cochrane & Bresnahan, et al.. Petitioners v. Plaintiff Class Representatives, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1482. George L. Karapinka, Petitioner v. Union Carbide Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1521. John Henry Hendricks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1525. Jesse Frank Waits, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 84-1542. Consolidated Gas Transmission Corporation, Petitioner

V, Federal Energy Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1587. Beauford D. Eddleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 716 MONDAY, JUNE 10, 1985

No. 84-1619. James R. Smith, et ux., Petitioners v. Frank J. Mur- phy. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 84-1624. A. H. Robins, Company, Incorporated, Petitioner v. Frank G. Theis, Judge, United States District Court for the District of Kansas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-1626. John F. Salsbury, Parent, Natural Guardian and Ad- ministrator of the Estate of Scott Edward Salsbury, Petitioner v. Saint Vincent Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1633. Philadelphia Electric Company, Petitioner v. Black

Grievance Committee, et al.; and

No. 84-1641. Independent Group Association, Petitioner v. Black

Grievance Committee, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1635. Magnolia Brokerage Company, et al., Petitioners v. Anthony L, Jackson and OUie Jackson. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1639. Frank B. Hall & Co., Inc., et al., Petitioners v. Larry W. Buck. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judicial District, denied.

No. 84-1643. Adam Klimek, Petitioner v. Tedesco, etc., et al. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 84-1648. Rufino Gonzales, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 84-1649. Garland Independent School District, et al. Petitioners

V. Sterling Wilks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-1652. San Francisco Newspaper Printing Company, dba San Francisco Newspaper Agency, Petitioner u San Francisco Web Press- men's Union, No. 4. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1653. Mansell Twillie and Florence Perkins, Petitioners v.

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

No. 84-1657. Morton P. MacLeod, Petitioner v. County of Santa Clara. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JUNE 10, 1985 717

No. 84-1658. Atlantic Richfield Company, Petitioner v. Chester Louis Doucet. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1659. Connecticut, Petitioner v. Alan H. Martin. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 84-1662. David Goldberg and Joseph Yorizzo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1664. Valmet Oy and TVW Papermachines, Inc., Petitioners

V. Beloit Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-1674. Joel D. Ender, Petitioner v. Chrysler Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 84-1685. Janice Ching Yee, Petitioner v. Betty Vitousek, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 84-1689. Steve Gann and Christine Gann, Petitioners v. City of Portland. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 84-1751. Florida, Petitioner v. Great American Bank of Broward County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1785. Robert A. Gordon, Petitioner v. National Aeronautics and Space Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-5892. Ernest L. McMinn, Petitioners Frank J. Battisti, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6191. Carl Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6234. Gordon Earley, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6268. Darryl Leroy Frye, Petitioner v. Allyn Sielaff, Direc- tor, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 718 MONDAY, JUNE 10, 1985

No. 84-6294. Johnny Eldon Almond, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 84-6301. Robert L. Herring, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6396. Charles Hill, Petitioner v, Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 84-6407. Joseph McClelland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6409. John Spiess, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6414. Nicholas Marlow, Petitioner v. James Tully, Commis- sioner, Department of Taxation and Finance of New York State. Peti- tion for writ of certiorari to the Court of Appeals of New York denied.

No. 84-6416. James Anderson Mitchell, Petitioner v. R. D. Brewer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6485. Maurice R. Lemer, Petitioner v. Matthew Gill, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 84-6521. Kelwin Gailes, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 84-6537. Ruchell Cinque Magee, Petitioner v. Wilham Bolger, Postmaster General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6571. Francis C. Smith, Petitioner u Connecticut Parole

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

No. 84-6576. Maryann Acker, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 84-6587. Kenneth M. Key, Petitioner v. IlUnois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6602. Miako Stephen Likakur, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. MONDAY, JUNE 10, 1985 719

No. 84-6605. Oscar L. Wallace, Petitioner v. International Organiza- tion of Masters, Mates and Pilots. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6606. Felix Bernard Lundy, Petitioner v. Elie Jones, War- den, Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6607. Dale Edward Harper, Petitioner v. Washington. Peti- tion for writ of certiorari to the Supreme Court of Washington denied.

No. 84-6609. Hilton Thomas, Petitioner u Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 84-6614. Kevin James Wilson, Petitioner v. R. L. Pulley, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6619. Douglas Allen Downs, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 84-6620. H. Samuel Kemp, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6661. Thomas A. Halliwell, Petitioner v. Clayton G. Strick- land, Jr., Superintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6662. Roy Edward Gotcher, Petitioner v. Raymond K. Pro- cunier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6665. Thomas Dewey Easton, Petitioner v. Oregon State Bar. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 84-6666. James Manna, aka James lacopelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6715. Carlos Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6725. William James Melton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 720 MONDAY, JUNE 10, 1985

No. 84-6731. Dennis Wayne Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-6733. Belony Saintil, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-901. Avco Financial Services, Inc., Petitioner v. Clevester Davis, et al. The motion of American Financial Services Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 84-1466. Louie Wainwright, Secretary, Florida Department of

Corrections, Petitioner v. Carl Ray Songer. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1530. Texas, Petitioner v. Feryl John Granger. 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. 84-6166. Carl Ray Songer, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6582. Willie Leroy Jones, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6612. Donald Lee Maurer, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6617. Cecil Doyle Lucas, 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. Mandamus Denied

No. 84-6575. In Re William N. Holland, Jr., Petitioner; and No. 84-6583. In Re Bui T. Thanh, Petitioner. Petitions for writs of mandamus are denied. Rehearings Denied

No. 83-6361. Heraldo J. Manzanares, Petitioner v. New Mexico; No. 84-1083. L. Ann West, as Mother and Administrator of the

Estate of Lorri West, et al. , Petitioners v. United States; MONDAY, JUNE 10, 1985 721

No. 84-5035. Larry Bernard Spikes, Petitioner v. Indiana;

No. 84-6073. Lane Nelson, Petitioner v. Louisiana;

No. 84-6154. Charles M. Albanese, Petitioner v. Illinois;

No. 84-6378. Francis Maxwell, Petitioners Borden, Inc.;

No. 84-6386. Doris C. Neely, Petitioner v. Central Intelligence Agency; and

No. 84-6440. John J. Harter, Petitioner v. George P. Shultz, United States Secretary of State, et al. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Tuesday, June 11, 1985, until Mon- day, June 17, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Joseph Christian Amann Fair Haven, NJ Mark Lawrence Fleder Stephen Guy Anderson Washington, DC Murray J. Belman Ronald George Aronovsky San Francisco, CA Julie Allecta Verbena M. Askew Newport News, Robert Vincent VA Beale Lorenzo E. Atencio Espanola, NM Richard C. Bosson Neil E. Ayervais Denver, CO Ernest W. Lohf Otis Babcock Grass Valley, CA Robert Berger Lynch Willie Banks, Jr. New Orleans, LA Lenore Hopewell Cameron Barry David Bardack Washington, DC Edward Charles Bou Richard Gordon Bartmon West Palm Beach, Penny H. Brill FL Suzanne Marie Bassewitz Great Neck, NY Joseph T. Carney Robert L. Becker New York, NY Kenneth Kimerling Bruce A. Beckman Los Angeles, CA Earl Clinton Adams James Thomas BelUveau Waltham, MA William J. Aucoin 722 MONDAY, JUNE 10, 1985

Applicant City and State Movant

Robert Zane Berger San Francisco, CA Robert G. Werner David J. Bradford Northbrook, XL Jeffrey David Colman Norman Everett Brague Wadsworth, OH Charles Frederick Johnston, Jr. Paul T. Buerger, Jr. Lockport, NY Thomas C. D^Agostino Scott Sanford Cairns Richmond, VA J. Robert Brame III Kevin R. Campbell Akron, OH Frederic L. Zuch David R. Cashman Pittsburgh, PA Mark F. McKenna Carlton Steven Clardy, Jr. Charlotte, NC Eugene Clifton Hicks III James L. Clark Birmingham, AL William G. Somerville, Jr. Vincent A. Colianni Christiansted, Warren B. Cole St, Croix, V.I. Douglas J. Colton Washington, DC Michael H. Cook Terrence A. Corrigan New York, NY Bonnie Kayatta- Steingart Paul David Cowden Mt. SterHng, KY Lewis A. White Joanna James Daniels Bell Gardens, CA Roy L. Paul David A. Davis Tallahassee, FL Peter Douglas Brinkmeyer Julie Pressman Downey Los Angeles, CA William Loren Waterhouse Glen Howard Downs Plymouth, MI John J. McCann Bruce W. Eaken New York, NY Jordan Miles Newman Robert D. Eckinger Birmingham, AL WilUam G. Somerville, Jr. Alan D. Eidler New York, NY Morton J. Schlossberg Harry Clyde Farrell III Austin, TX Mary F. Keller Michael A. Fitzhugh Boston, MA John Kenneth Fiorilla Clifford D. Foster, Jr. Tacoma, WA Harold T. Hartinger , . Y

MONDAY, JUNE 10, 1985 723

Applicant City and State Movant

Daniel Frazier, Jr, Marrero, LA Lenore Hopewell Cameron David O'Brien Frederick Austin, iA Wimam reel Allison otepnen Howard r reid Washington, DC Philip Henry Rosenfelt Nathaniel R. French Jjayton, un Edward F. ivicisje, Jr. r^aui Jjonaia ijriiiora San Francisco, CA Karl btepnen iviayer

Alhflnv NY IVTitrianiVlctX Idll TTlJ-J. SilV»pvOliUCx jjavia A. vrraawoni X niiaaeipnia, srj\ 0 onn w . X eimo P^nrv£in T JVcIillCtll d . VjUIIlUlilt;! Vjl cclloUUI U, Vi\j XVCUUcll J_i. xXCUiUIlLlHpHlnnH

JkVUUCl t VjrUJ. L\j£i Xj VclxloLUIl, Lxj JU.T, x>UWRow XVy*\ioh(iHI ILCIlctt iimoiny o. naiey wesL urange, inj xiamson j (rordon fVcllllij^ «J cU Vlo Xxctii Fort Worth TX VV djr lie IVxcU. Lxll

A^/TiitjitprVV ilxl/Cti\.d .TjiTnp«i RnhpTt TTp^tnn Fairfax VA J^UWCIXUFiHwarH XXdXXjrHpTirv Beck Richard F Hie'htower Lone^iew TX John Earl SharD

FjHwiti T? TTnlmp<5 ITXXXXXXCClkJVyXXiS,Minnpflnnli^j IrXX^

V.Tnhnvilli XwLVyWlCPTnwiP Xyallcto,Dallas TXX x\. WinHlpTV lllvXlC TiirlpvX LIX IC

XPViilijHplnliiQIlxlaUcipilict, JTrVPA r\J. tilUI VjrUI Ixlelli

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Michael D Hunt X^CivV^XXRaton XVvfl.4g^,RouP'P X^XxTjA Frank S Craie* III

XviCIlalU XI. nuiiLc;! \^xxx lotlallotcU, VVcUIcil J_>. OUic

Ot.St V»/1U1A,Croiv VV.X.T James H. Isherwood Christiansted Warren B. Cole St. Croix, V.I. Alfred Clark Jett Guyman, OK Bryan L. Wright David Paul Johnson Portland, OR Frank Henry Habicht II Steven Mark Kamp Miami, FL Daniel Perkins Smith Paul 724 MONDAY, JUNE 10, 1985

Applicant City and State Movant

Kenneth S. Kasper Morristown, NJ A. Dennis TerreU Walter Wightman Kelley Albany, GA Jerry W. Brimberry Susan N. KeUy Washington, DC Stanley William BaUs Denis Killeen West Hartford, William B. Pennell CT Jack Lynn Kinzie Oklahoma City, Roy J. Davis OK Paul Matthew Koning Dallas, TX M. David Bryant, Jr. John-Michael Lawrence New Orleans, LA Arthur A. Lemann III James Douglas Lee Tuscola, IL Raymond Lee, Jr. John E. Lenahan Christiansted, Warren B. Cole St. Croix, V.I. Harvey Jay Lewis New Orleans, LA Samuel C. Gainsburgh Eleazar Lipsky New York, NY Oswald Vischi Robert Paul Long VisaHa, CA Daniel W. Crowe Frederick Jacob Lotterhos Lakeland, FL Thomas R. III Bayless John E. Lynch New York, NY Stephen B. Shear Alex H. MacDonald Boston, MA Stewart T. Herrick Sidney Thomas Marable Phoenix, AZ Raul H. Castro James A. Martinkus Champaign, IL Charles L. Palmer Thomas Michael McShane New York, NY Daniel Leonard Schofield Joyce Ann Melvin Newport News, Lenore Hopewell VA Cameron Forrest David Milder Needham, MA Matthew Brown Michael Paul Moffeit El Paso, TX Bluford Bradford Sanders, Jr. WilUam J. O'Hara III New Orleans, LA Arthur A. Lemann HI Richard A. Pacia Pawtucket, RI Ronald Joseph Resmini MONDAY, JUNE 10, 1985 725

Applicant City and State Movant

John N. Pappanastos Montgomery, AL Charles Morehead Allen li Anthony James Patti Los Angeles, CA Joseph Merdler Donald Wayne Paule ot. Louis, MU Daniel Parker r^nx*A TT

Hector C. Perez Los Angeles, CA William John York Robert Glen Peterson Lelana, JNu Eugene Gressman Thomas W. Pulliam, Jr. San Francisco, CA David Joseph Rapport

TT T~* 1 Harold Patrick Quinn, Jr. Rockville, MD Henry Paul btetma John Henry Reed Harrisburg, PA LeKoy b. Zimmerman William Alexander Rees Lexington, KY Charles L. Calk Randall L. Rehmeier Nebraska City, Otto H. XT XT' WellensieK Richard E. Rice Kettering, OH Carole Winston Wilson Patrick John Ridley lemple, IX James Howard Russell Edward Rimland New York, NY Robert Conroy Barbara E. Roberts Arcadia, CA Karl P. Seuthe Bruce J. Rosen Madison, WI Sarah Furey Crandall Richard L. Rothfelder Houston, TX Philip P. Sudan, Jr. TT Robert Gilmore Russell Detroit, Ml KoyT5 H. Christiansen

Cli. Oklahoma City, Stephen1_ Perley1 OK r not Leon Edward Sharpe Miami,HIT' ' FLTT^T Morris C. Proenza Donald James Shaw Sylmar, CA Judge Fred Rimerman Scott Irwin Silverlight Christiansted, Warren B. Cole St. Croix, V.L James Anthony Siver Lansing, MI William Learmonh Mackay 726 MONDAY, JUNE 10, 1985

Applicant City and State Movant

Peter J. Smith Newark, NJ Mark Lawrence Fleder Benna Ruth Solomon Wassington, DC David Aaron Strauss Mark Hem*y Sterk Oak Lawn, IL Burton S. Odelson Irvmg Ronald Storch New York, NY Martin H. Scher William C. Stueber Chicago, IL Steven H. Noll Heather Grasz Suarez Springfield, NJ Justin P. Walder William S. Sutton Atlanta, GA Martin David Merritt Michael John Tario Bellingham, WA Richard Northmore Little, Jr. Walter A. Theis, Jr. Houston, TX Jack Durrett Childers Paul A. Tiburzi Baltimore, MD Roger Duffey Redden Judith A. Turner Christiansted, Warren B. Cole St. Croix, V.I. WilUam Barry Turner Nashville, TN Francis Joseph Scanlon Bernard Ulano New York, NY Stephan Haskel Peskin W. David Utley Schaumburg, IL Thomas P. McLaughlin Stephen Charles Veltri Pittsburgh, PA Michael Joseph Manzo Leonard A. Wallin II Newport News, Robert V. Beale VA Stewart Weinberg San Francisco, CA Victor John VanBourg David Lawrence Westin Washington, DC Judge Lewis Franklin Powell, Jr. James D. Whittemore Tampa, FL Manuel Menendez, Jr. Charles Manning Williams Houston, TX Edward A. Cazares MONDAY, JUNE 10, 1985 727

Applicant City and State Movant

Daniel Harrison Williams Los Angeles, CA Paul Anton III Zevnik Clarence Sylvester Wilson, Chicago, IL George Edward Jr. Bullwinkel Charles L. Woody Charleston, WV Charles Brecknock Stacy Melvin Collins Zeno Marrero, LA Lenore Hopewell Cameron

Opinions No. 84-262. Mountain States Telephone and Telegraph Company,

Petitioner v. Pueblo of Santa Ana. 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 Stevens. Dis- senting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join. Justice Powell took no part in the decision of this case.

No. 83-1911. Christopher L. Lowe, et al.. Petitioners v. Securities and Exchange Commission. 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 Stevens. Opinion by Justice White concurring in the result with whom the Chief Justice and Justice Rehnquist join. Justice Powell took no part in the decision of this case.

No. 84-363. Northeast Bancorp, Inc., et al.. Petitioners v. Board of Governors of the Federal Reserve System, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Concurring opinion by Justice O'Connor. Justice Powell took no part in the decision of this case. Admissions to the Bar on Oral Motions

Applicant City and State Movant

William Peck Hampton Bloomfield Hills, E. Raymond MI O'Malley Gregory Alton Horn Richmond, IN Birch Evan Bayh, Jr. 728 MONDAY, JUNE 10, 1985

Applicant City and State Movant

Beverly Bunn Washington, DC Richard N. Bagenstos Jennifer Ellen Gold Brooklyn, NY David Robert Addis Robert E. Mayer San Francisco, CA WilUam E. Casselman II Robert W. Connor, Jr. Sheridan, WY Everett Boyd Hollingsworth. Jr. Robert N. Agre Camden, NJ Charles W. Heuisler John Scott Boyer Moorestown, NJ Charles W. Heuisler Michael Gerard Brennan Woodbury, NJ Charles W. Heuisler Glenn Patrick Callahan Westmont, NJ Charles W. Heuisler Donald C. Cofsky Haddonfield, NJ Charles W. Heuisler Donald Paul Craig Gloucester City, Charles W. NJ Heuisler Michael Scott Curwin Woodbury, NJ Charles W. Heuisler William James DiBlasio Pennsauken, NJ Charles W. Heuisler David Benton Fox Haddonfield, NJ Charles W. Heuisler Michael Andrew Fritz Camden, NJ Charles W. Heuisler Paul F. Gilhgan, Jr. Westmont, NJ Charles W. Heuisler Adrenee Gwennell Glover Cherry Hill, NJ Charles W. Heuisler Estella S. Gold Moorestown, NJ Charles W. Heuisler Jeffrey Evan Gold Cherry Hill, NJ Charles W. Heuisler Timothy John Higgins Oaklyn, NJ Charles W. Heuisler MONDAY, JUNE 10, 1985 729

Applicant City and State Movant

Harvey C. Johnson Camden, NJ Charles W. Heuisler Dennis G. KiWe Camden, NJ Charles W. Heuisler Guy Walter Killen Woodbury, NJ Charles W. Heuisler Lawrence Damian Lally, Westmont, NJ Charles W. Jr. Heuisler Kenneth Walton Landis ColUngswood, NJ Charles W. Heuisler John P. Leon Haddonfield, NJ Charles W. Heuisler Marie Elaine Lihotz Cherry Hill, NJ Charles W. Heuisler Michael Donald Matteo Cherry Hill, NJ Charles W. Heuisler Joseph A. McCormick, Jr. Haddonfield, NJ Charles W. Heuisler Thomas McKay III Mount Holly, NJ Charles W. Heuisler Stephen Joseph Moschini Collingswood, NJ Charles W. Heuisler Frank A. Salvati Woodbury, NJ Charles W. Heuisler Michael S. Scaramella Cherry Hill, NJ Charles W. Heuisler Frederick James Schuck Pennsauken, NJ Charleis W. Heuisler Thomas J. Shusted, Jr. Haddonfield, NJ Charles W. Heuisler Gerald A. Sinclair Collingswood, NJ Charles W. Heuisler Lvnne Collins Sinclair Medford NJ Charles W. Hpuislpr Richard Sparaco Cherry HiU, NJ Charles W. Heuisler Richard E. Yaskin Voorhees, NJ Charles W. Heuisler 730 MONDAY, JUNE 10, 1985

Applicant City and State Movant

Jay Lawrence Fulmer Philadelphia, PA Charles W. Heuisler Jay E. Mintzer Philadelphia, PA Charles W. Heuisler Herbert 0. Brock, Jr. Cherry Hill, NJ William John Keams, Jr. John E. Collins Willingboro, NJ William John Keams, Jr. George Lincoln Edson Wrightstown, NJ William John Keams, Jr. Donald N. Elsas Mt. Laurel, NJ William John Keams, Jr. Paul Ferrell, Jr. Willingboro, NJ William John Keams, Jr. Bonnie Lynn Goldman Robbinsville, NJ William John Keams, Jr. Robert Stuart Joseph Mount Laurel, NJ William John Keams, Jr. Ellen Butler Reams Willingboro, NJ William John Keams, Jr. Gregory Richard Moorestown, NJ William John McCloskey Keams, Jr. Lawrence Ronald Mount Laurel, NJ William John McCuUough Keams, Jr. Peter Hjaimer Nelson Indian Mills, NJ William John Keams, Jr. Neal E. Rosenberg Marlton, NJ William John Keams, Jr. Susan L. Uttal Mt. Holly, NJ William John Keams, Jr. Brett Lloyd Antonides Washington, DC Charles Fried Katharine Hamilton Washington, DC Charles Fried Haygood Nancy Suzanne Higgins Washington, DC Charles Fried Cynthia S. Huber Washington, DC Charles Fried Jana E. Mclntyre Washington, DC Charles Fried Barbara G. O'Connor Washington, DC Charles Fried Joan Janelle Saloschin Washington, DC Charles Fried MONDAY, JUNE 10, 1985 731

Applicant City and State Movant

Mary Berghaus Levering Onevy Lnase, MD Charles Fried Robert John Levering Chevy Chase, MD Charles Fried

C^J. T TT • 1 J- Donna Bernadette Organek Sterlmg Heights, Charles Fried Ml

XT '\r 1 XT"\7' Lawrence G. Kurland New York, NY Charles Fried Edwin F. Lambert, Jr. Rockville Centre, Charles Fried NY Ralph Edward Jocke North Ohnsted, Charles Fried Uxl Patricia A. Walker JNortn Ulmstea, L^naries Fried Url Charles Arlan Briggs iviempnis, ijn Charles r rieci Patrice Ramsey Dickey iviempnis, iin L/naries Fried Janice L. Esposito iviempnis, ijn i^naries r ried Stephen S. Brown xiouston, lA v^naries Fried Nancy Battaglia V leillla, V A L^naries r nea Joseph Perez Duenas iy/iington, v a Charles Fried

John Grattan Metz r 1 icu Kent Norton Stone Arlington, VA Charles Fried William Charles Taylor Springfield, VA Charles Fried Margaret Watterson Tryon ArUngton, VA Charles Fried Craig Ulrich Alexandria, VA Charles Fried

Adjourned until tomorrow at 10 o'clock. X ! (JOURNAL) TUESDAY, JUNE 11, 1985 733 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 83-6607. Bobby Caldwell, Petitioner u Mississippi. On writ of certiorari to the Supreme Court of Mississippi. Judgment reversed in part and case remanded to the Supreme Court of Mississippi for further proceedings not inconsistent with the opinion of this Court. Justice Marshall dehvered the opinion of the Court except as to Part IV-A. Opinion by Justice O'Connor concurring in part and concurring in the judgment. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice White join. Justice Powell took no part in the decision of this case.

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioner v. Pacific Stationery and Printing Co. 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 judgment of this Court. Opinion by Justice Brennan. Justice Marshall and Justice Powell took no part in the decision of this case. No. 84-679. Bateman Eichler, Hill Richards, Incorporated, Peti- tioner V. Carl F. Bemer, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Brennan. The Chief Justice concurs in the judgment. Justice Marshall took no part in the decision of this case.

Adjourned until Monday, June 17, 1985 at 10 o'clock. X

(JOURNAL) MONDAY, JUNE 17, 1985 735 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-315. Leonard G. Leverson, Appellant u William H. Conway, Commissioner, Vermont Department of Motor Vehicles. The petition for rehearing is granted. The order entered October 29, 1984, is vacated. The judgment is vacated and the case is remanded to the Su- preme Court of Vermont for further consideration in Hght of Williams

V. Vermont, 472 U.S. (1985).

No. 84-1517. Thomas M. Fahey, etc.. Appellant v. David Axehrod, Commissioner of Health of the State of New York. Appeal from the Ap- pellate Division, Supreme Court of New York, Third Judicial Depai-t- ment. 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. 84-1817. Jude Thibault, Appellant v. Carl H. Weiss, et al. Ap- peal from the United States Court of Appeals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 84-1630. Blue Cross Hospital Service, Inc. of Missouri, et al..

Appellants v. J. H. Frappier, etc., et al. Appeal from the Supreme Court of Missouri. The judgment is vacated and the case is remanded to the Supreme Court of Missouri for further consideration in hght of Met- ropolitan Life Insurance Co. v. Massachusetts, 471 U.S. (1985).

No. 84-1818. Donald K. Wilhams, et ux.. Appellants v. Ann Marie Govine, et al. Appeal from the United States District Court for the Dis- trict of Connecticut. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

No. 84-6021. Richard B. Sanders, Petitioner v. John Robinson, et al. On petition for writ of certiorari to the United States Court of Appeals 736 MONDAY, JUNE 17, 1985 for the Ninth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of National Farmers Union Insurance Cos. v. Crow Tribe of Indians, 471 U.S. (1985).

Orders In Pending Cases

No. A-831. Johnny Klevenhagen, et al., Sheriff of Harris County,

Texas, et al., Applicants v. Lawrence R. Alberti, et al. The application for stay of orders of the United States District Court for the Southern District of Texas pending appeal to the United States Court of Appeals for the Fifth Circuit addressed to the Chief Justice and referred to the Court is denied.

No. A-913. Christine Keno, Applicant v. Richard Jones. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. D-503. In the Matter of Disbarment of Frederick A. Smith. It is ordered that Frederick A. Smith, of Truth or Consequences, New Mex- ico, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 35, Original. United States of America, Plaintiff v. States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida. The Report of the Special Master on the Massachusetts boundary is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. RepHes thereto, with supporting briefs, may be filed within 30 daySc

No. 101, Original. Commonwealth of Pennsylvania, Plaintiff v. State of Alabama, et al. The motion for leave to file a bill of complaint is denied.

No. 83-1807. Eastern Air Lines, Inc., Petitioner v. Robert F. Mah- foud, etc. The case is restored to the calendar for reargument.

No. 83-2004. Matsushita Electric Industrial Co., Ltd., et al., Peti- tioners V. Zenith Radio Corporation, et al. The motion of Government of Japan for leave to file a brief as amicus curiae is granted.

No. 84-773. Michael Bender, et al.. Petitioners v. Williamsport Area

School District, et al. The motion of the SoHcitor General for leave to MONDAY, JUNE 17, 1985 737 participate in oral argument as amicus curiae and for divided argument is granted. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens would deny this motion.

No. 84-1044. Pacific Gas and Electric Company, Appellant v. Public Utilities Commission of California, et al. The motion of appellees To- ward Utility Rate Normalization, et al. for divided argument is denied. Justice Blackmun and Justice Powell took no part in the consideration or decision of this motion.

No. 84-1851. Edgar Hardin Gillock, Petitioner v. United States. The application to recall and stay mandate addressed to Justice Marshall and referred to the Court is denied.

Appeals—Jurisdiction Noted

No. 84-978. Exxon Corporation, et al., Appellants v. Robert Hunt, Administrator of New Jersey Spill Compensation Fund, et al. Appeal from the Supreme Court of New Jersey. In this case probable jurisdiction is noted. No. 84-780. Margaret M. Heckler, Secretary of Health and Human

Services, et al., Appellants v. Stephen J. Roy, et al. Appeal from the United States District Court for the Middle District of Pennsylvania. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 84-1097, Goldman v. Weinberger.

Certiorari Granted

No. 84-1160. Bertold J. Pembaur, Petitioner v. City of Cincinnati, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. No. 84-1529. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. American Hospital Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit granted.

No. 84-1644. Golden State Transit Corporation, Petitioner v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 84-1686. Marie D. Sorenson, etc.. Petitioner v. Secretary of the Treasury of the United States and United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 84-1097. S. Simcha Goldman, Petitioner v. Caspar W. Weinber- ger, Secretary of Defense, et al. Petition for writ of certiorari to the 738 MONDAY, JUNE 17, 1985

United States Court of Appeals for the District of Columbia Circuit granted. The case is set for oral argument in tandem with No. 84-780,

Heckler v. Roy.

No. 84-1640. United States, Petitioner v. Marshall Mechanik, et al.;

No. 84-1700. Jerome Otto Lill, Petitioner v. United States; and No. 84-1704. Marshall Mechanik, aka Michael Patrick Flanagan, Pe- titioner V. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit. The petitions for writs of certiorari in Nos. 84-1640 and 84-1700 are granted. The petition for writ of certiorari in No. 84-1704 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 83-1811. R. J. Williams Company, et al.. Petitioners v. Fort Belknap Housing Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-797. Henry J. Bennett, Jr., Petitioners City of Slidell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-954. City of Prairie View, Texas, et al. , Petitioners v, Alvin

I. Thomas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1148. Russell Hobson, HI, Petitioner v. United States; and

No. 84-1403. Manuel Eric Villanueva, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1225. Anthony J. Costanzo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1270. Carpenters Local Union No. 35, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1300. Edwin C. Udey, Petitioner v. United States;

No. 84-1368. Arthur H. Russell, Petitioner v. United States; and

No. 84-6333. Leonard G. Ginter and Norma Ginter, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, JUNE 17, 1985 739

No. 84-1332. K. Janelle Blauvelt, Petitioner v. United States; and

No. 84-1352. Tony D. Blauvelt, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1363. Massachusetts, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 84-1377. Cable News Network, Inc., Petitioners United States District Court for the Southern District of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1388. Rosa DiBello Darville, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1399. Thomas Fred Ward, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-1419. Robert James Maker, aka Robert Maker, aka R. J.

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

No. 84-1449. David Cerri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-1465. Thomas Ambrose, Frank DeRango, William Guide and

William Haas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1481. J. Wilton Hunt, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1499. Greenberry Johnson, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-1593. Brunswick Corporation, Petitioner v. Riegel Textile Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1622. Roosevelt Theodore Becton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. I

740 MONDAY, JUNE 17, 1985

No. 84-1650. Tennessee, etc., Petitioner v. Elizabeth Hanford Dole,

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

No. 84-1673. William T. Schor, et al., Petitioners u ContiCommod- ity Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-1675. Pakistan National Shipping Corp. , Petitioner v. Mount Royal Marine Repairs, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-1687. Ronald 0. Bubar, et al. Petitioners v. Ampco Foods,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1701. Lawrence Vandenplas and Barbara Vandenplas, Peti- tioners V. City of Muskego, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1716. Owen Wilson, etc.. Petitioners. North Carolina Mutual Life Insurance Company of Durham, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 84-6005. Ronnie Joe Williams, Petitioner v. Raymond K. Procu- nier, Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6113. Willie Melvin Stanley, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth Supreme Judicial District, denied. No. 84-6239. Bobby Joe Reickenbacker, Petitioner u M. C. Lennon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6253. Bijan Bahramian, Petitioner v. City Planning Commis- sion of the City of Cincinnati, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6261. Robert Benfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-6343. David Lee Allen, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. MONDAY, JUNE 17, 1985 741

No. 84-6406. Ella Shipp, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6417. Anthony Spencer Williams, Petitioner v. Lehigh County Court of Common Pleas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-6430. Scotty Williams, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-6458. Donald James Doney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6478. David Lee Waldrop, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 84-6515. Gregory A. Baker, Petitioner v. Jack R. Duckworth,

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

No. 84-6591. Yolanda Ticman Prentice, Petitioner v. David N. Ilchert, District Director, Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6613. Walter Rusniaczek, Petitioner v. United Airlines. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6622. Edward A. Ganey, Petitioner v. Mason H. Anderson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-6623. Edward A. Ganey, Petitioner v. James C. Woodward, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-6624. Edward A. Ganey, Petitioner v. Napoleon B. Barefoot, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 84-6625. Edward A. Ganey, Petitioner v. James C. Fox, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6626. Edward A. Ganey, Petitioner v. Alfred W. Brunjes, Sr., et al. Petition for writ of certiorari to the Supreme Court of North Carolina denied. 742 MONDAY, JUNE 17, 1985

No. 84-6627. Larry D. Thomas, Petitioner v. Ron Angelone, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6628. Roger Spreck, Petitioner v. Chicago Housing Author- ity. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6629. Leslie Moeller, Petitioner v. Herman Solem, Warden. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 84-6632. Ernest Lee Martin, Petitioner v. James C. Woodard, Secretary, North Carolina Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 84-6635. John J. Matthews, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Shelby County, denied.

No. 84-6638. Nathaniel Smith, Petitioner v. Robert W. Manske, et al. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 84-6640. Albert M. Mark, Petitioner v. Harry Brooks, et ux., et al. Petition for writ of certiorari to the Court of Appeals of Washington,

Division 1, denied. No. 84-6641. Tommy Span, Petitioners Rose P. McCall. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 84-6642. Ira Lee Pickett, Petitioner v. Richard L. Dugger, Su- perintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6647. William Cooper, Petitioner v. Albert Riederer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-6658. Robert B. Beachboard, Petitioner v. Middle States As- sociation of Colleges and Schools. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 84-6675. Glen David Meadows, Petitioner v. Manfred Holland, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-6685. Luther James Wynn, Petitioner v. J. Paul Ford, Super- intendent, Jack T. Rutledge Correctional Institution. Petition for writ MONDAY, JUNE 17, 1985 743 of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6722. Robert J. Byanski, Jr., Petitioner v. William E. Brock, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6729. Donald Ray Jewell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6740. Richard Francis DeVincent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 84-6744. Robert John Glinsman, Petitioner v. New York. Peti- tion for writ of certiorari to the Court of Appeals of New York denied.

No. 84-6746. Michael Charles Ward, Petitioner v. United States Attorney. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6762. Lester Borman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 84-6763. Richard L Dunton, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 84-6782. Hassan M. M. Romieh, Petitioner v. Montgomery County Department of Social Services, et al.; and

No. 84-6783. Hassan M. M. Romieh, Petitioner v. Charles W. Gil- christ, etc., et al. Petitions for writs of certiorari to the Court of Special Appeals of Maryland denied.

No. 84-1164. Patrick C. Waldrop, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari limited to Question 1 presented by the petition.

No. 84-1655. Mary P. Laffey, et al.. Petitioners, u Northwest Air- lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Brennan and Justice Marshall would grant certiorari. Justice Blackmun took no part in the consideration or decision of this petition. No. 84-1660. Jack K, Moore, Petitioner u City of Charlotte, North Carolina. Petition for writ of certiorari to the United States Court of ^ 744 MONDAY, JUNE 17, 1985

Appeals for the Fourth Circuit denied. Justice Marshall would grant certiorari. No. 84-1678. National Association for the Advancement of Colored People, Petitioner v. N.A.A.C.P. Legal Defense & Educational Fund, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 84-1746. KN Energy, Inc., Petitioner v. Great Western Sugar Co. The motion of Interstate Natural Gas Association of America for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 84-6634. Billy Gene Stout, 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. 84-6636. Eddie Lee Ross, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6727. Willie Lawrence Celestine, Petitioner v. Frank Black- bum, 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.

Mandamus Denied

No. 84-6716. In Re Harvey Jokinen, Petitioner. Petition for writ of mandamus is denied.

Rehearings Denied

No. 84-1394. Hugh M. Matchett, Petitioner v. Chicago Bar Associa- tion, etc., et al.;

No. 84-5343. Ruel Hux, Jr., Petitioner v. A. I. Murphy, Warden, et al.; and No. 84-6496. In Re Jim R. Hunter, Petitioner. The petitions for rehearing are denied.

Order

It is ordered that Joseph F. Spaniol, Jr., be appointed Clerk of the Court to succeed Alexander L. Stevas, effective at the commencement of business, August 1, 1985, and that he take the oath of office as required by statute. MONDAY, JUNE 17, 1985 745 Order

It is ordered that Stephen G. Margeton be appointed Librarian of the Court to succeed Roger F. Jacobs, effective at the commencement of business July 15, 1985, and that he take the oath of office as required by statute.

Recess Order

The Court will take a recess from Wednesday, June 19, 1985, until Monday, June 24, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Albert Armstrong III Vancouver, WA Peter J. Mozena William T. Barker Chicago, IL Duane Charles Quaini Steven Louis Baumohl Boston, MA Roy Norman Freed Jack M. Bernard Philadelphia, PA Samson B. Bernstein Thomas L. Bodnar South Bend, IN Joseph T. Helling Keith Douglas Boyette Richmond, VA Everette G. Allen Jr. Timothy Arnold Braun Saint Charles, MO Richard H. Sindel Samuel Brown Casey San Francisco, CA David Rodney Pigott John W. Chapman Portland, ME Duane Dale Fitzgerald Richard A. Cline Columbus, OH Craig Robert Mayton John A. Cocklereece Jr. Winston-Salem, Thomas L. NC Kummer Arthur P. Condon Summit, NJ Percy Alton Jarvis Jr. Rose Mary Corchado- San Juan, PR Reina Colon de Lorent Rodriguez Steven A. Comelison Gainesville, GA J. Douglas Stewart 746 MONDAY, JUNE 17, 1985

Applicant City and State Movant

Sharon House Cornelius Oneida, WI Francis R. Skenandore William Aubrey Comer AsheviUe, NC Ann Holsonback PhilHps E. John Daugs Beaufort, SC Ralph Vaughn Baldwin Jr. Lylea M. Dodson Des Moines, lA James Riley McManus Kevin M. Dugan Westfield, NJ Irving Norman Stein B. Michael Easley Forrest City, AR Knox Baird Kinney Neal M. Eiseman New York, NY Robert A. Rubin Christopher B. Fagan Cleveland, OH Albert P. Sharpe III Lucien George Farron Yorktown Irving Norman Heights, NY Stein Mark Stuart Finkelstein Houston, TX Allan Ross Lazor WUUam B. Flynn New York, NY Robert A. Rubin J. Louis Gibbens New Iberia, LA John Blackwell MichaelJ. Giese Greenville, SC J. D. Todd Jr. PhiUp M. Goldstein Marietta, GA Roy E. Barnes WilHam H. Gorin Frankfort, KY Katherine E. P. Davenport James John Grogan Chicago, IL Carl H. Rolewick Emmanuel F. Guyon Streator, IL Andrew J. O'Conor Ronald L. Hall Kansas City, MO Calvin K. Hamilton Marc E. Hammond Prescott, AZ Reed E. Hundt Carl Joseph Hartmann III Albuquerque, NM Norman Franklin Weiss Gerald L. Hill Oneida, WI Francis R. Skenandore Richard L. Hill South Bend, IL Isadore David Rosenfeld F. Patrick Hubbard Columbia, SC George D. Haimbaugh Jr. MONDAY, JUNE 17, 1985 747

Applicant City and State Movant

Marc W. June Anchorage, AK Timothy J. Petumenos Michael Vincent Kelley Cleveland, OH Robert E. Sweeney Jose Rafael Leon- Ponce, PR Pedro E. Ortiz- Sotomayor Alvarez Harriette P. Levitt Tucson, AZ Robert J. Hooker Gerard E. Lynch New York, NY Harriet S. Rabb Carey E. Matovich Billings, MT Thomas J. Lynaugh Robert C. Mirone New York, NY Bennett Haskell Last John Richard Musson North Ridgeville, Gregory Allen OH White Julio Maymi Pagan San Juan, PR Federico A. Cordero Leanne Frank Pflaum Miami, FL Thomas Martin Pflaum Peter Jay Pitkin Toledo, OH John J. Callahan Jack J. Pursel Las Vegas, NV Harry Reid Patrick R. Roche Cleveland, OH Jay F. Moldovanyi Stephen J. Rogers Madison, WI Sarah Furey Crandall Robert C. Rosenfeld South Bend, IN Thomas Howard Singer Charles Wesley Ross St. Petersburg, Stephen Claude FL Chumbris Jeffrey Stuart Roth Lakewood, NJ A. Thomas Amabile Brian Richard Seeber Washington, DC Michael R. McAdoo Gerald P. Seid Newark, NJ David M. Satz Jr. Robert M. Sifferman Bellevue, WA Jay H. Zulauf Liddell Smith Red Chute, LA Kenneth Anthony Vance Thomas P. Spellane New York, NY Bennett Haskell Last Daniel Aron Stanton Salt Lake City, Dudley M. Amoss UT 748 MONDAY, JUNE 17, 1985

Applicant City and State Movant

W. Woodrow Stewart Gainesville, GA J. Douglas Stewart James Vincent Sunseri San Jose, CA Lester Scott Whitaker Jr. Arthur Neil Tolciss Brooklyn, NY David Alan Raff Christopher William Vasil Alexandria, VA William J. Brennan Jr. Helen B. VerStrate Middleton, NJ Thomas A. Deakin

Mark I. Wallach Cleveland, OH Frank Rush McKnight James H. Walton Las Vegas, NV W. Owen Nitz Murphy James White Mansfield, LA Robert E. Piper Jr. Thomas A. Wong Jr. Los Angeles, CA Toni Rae Bruno Donald J. Wood Boston, MA Peter Christian Kober Jay Thomas Youngdahl Little Rock, AR James E. Youngdahl

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Cynthia Marie Wilkinson Washington, DC Mario Biaggi Richard Mario Biaggi New York, NY Mario Biaggi Toby C. Wilkinson Baytown, TX Mario Biaggi Michael T. Comacchia III Huntington, NY Donald Paulding Irwin Arlene Rosario Lindsay Huntington, NY Donald Paulding Irwin Bruce Thomas Beesley Reno, NV Charles McNelis Mary Ann Morgan Reno, NV Charles McNelis Jonathan Sanford Silber Bethesda, MD Patricia Virginie Fettmann Joseph P. Cunningham III Festus, MO Kenneth Lawrence Cage Thomas 0. Terrace Hamden, CT John W. Imhoff Jr. MONDAY, JUNE 17, 1985 749

Applicant City and State Movant

Thorne Dobbins Houston, TX WilUam E. Kuhlmann James Charles Fogo Houston, TX William E. Kuhlmann Frank A. Hale Pasadena, TX William E. Kuhlmann James Baker Manley Pasadena, TX William E. Kuhbnann Don W. Smith Pasadena, TX William E. Kuhlmann Donna Tag Thomas Deer Park, TX William E. Kuhlmann Bruce Coulson Tough Houston, TX WilUam E. Kuhlmann

Opinions

No. 84-127. Richardson-Merrell, Inc., Petitioner v. Anne Elisabeth KoUer, etc., et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment vacated and case remanded to the Court of Appeals with instructions to dismiss the appeal for want of jurisdiction. Opinion by Justice O'Connor. Concur- ring opinion by Justice Brennan. Dissenting opinion by Justice Stevens. Justice Powell took no part in the decision of this case. No. 84-438. Superintendent, Massachusetts Correctional Institution,

Walpole, Petitioner v. Gerald Hill and Joseph Crawford. On writ of certiorari to the Supreme Judicial Court of Massachusetts. Judgment reversed and case remanded to the Supreme Judicial Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Brennan and Justice Marshall join.

No. 84-778. Maryland, Petitioner v. Baxter Macon. On writ of certiorari to the Court of Special Appeals of Maryland. Judgment reversed and case remanded to the Court of Special Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 83-1545. Western Air Lines, Inc., Petitioner v. Charles G. Cris- well, et al. On writ of certiorari to the United States Court of Appeals 750 MONDAY, JUNE 17, 1985 for the Ninth Circuit. Judgment affirmed. Opinion by Justice Stevens. Justice Powell took no part in the decision of this case.

No. 84-5743. Brian Keith Baldwin, Petitioner v. Alabama. On writ of certiorari to the Supreme Court of Alabama. Judgment affirmed. Opin- ion by Justice Blaclanun. Opinion by the Chief Justice concurring in the judgment. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

No. 84-518. Robert W. Johnson, et al.. Petitioners v. Mayor and City

Council of Baltimore, et al.; and No. 84-710. Equal Employment Opportunity Commission, Petitioner

V. Mayor and City Council of Baltimore, et al. On writs of certiorari 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 Jus- tice Marshall.

No. 83-1944. Holly Jensen, etc., et al., Petitioners v. Frances J. Quaring. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Powell took no part in the decision of this case.

Adjourned until Wednesday, June 19, 1985 at 10 o'clock. (JOURNAL) WEDNESDAY, JUNE 19, 1985 751 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 84-510. Aspen Skiing Company, Petitioner v. Aspen Highlands Skiing Corporation. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice Stevens. Justice White took no part in the decision of this case. No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al., Petitioners v. Central Transport, Inc., et al. 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 Marshall. Opinion by Justice Stevens concurring in part and dissenting in part with whom the Chief Justice and Justice Rehn- quist join.

No. 84-28. Donald C. Brockett, Appellant v. Spokane Arcades, Inc., et al.; and No. 84-143. Kenneth Eikenberry, Attorney General of Washington, et al., Appellants v. J-R Distributors, Inc., et al. Appeals from the United States Court of Appeals for the Ninth Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice O'Connor with whom the Chief Justice and Justice Rehnquist join. Dissenting opinion by Justice Bren- nan with whom Justice Marshall joins. Justice Powell took no part in the decision of these cases.

No. 84-335. John N. Mitchell, Petitioner v. Keith Forsyth. On writ 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. Opinion by Justice White. Concurring opinion by the Chief Justice. Opinion by Justice O'Connor concurring in part with whom the Chief Justice joins. Opinion by Justice Stevens concurring in the judgment. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins. Justice Powell took 752 WEDNESDAY, JUNE 19, 1985 no part in the decision of this case. Justice Rehnquist took no part in the consideration or decision of this case.

No. 84-476. Robert McDonald, Petitioner u David I. Smith. On writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit. Judgment affirmed. Opinion by the Chief Justice. Concurring opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join. Justice Powell took no part in the consideration or decision of this case.

Adjourned until Monday, June 24, 1985 at 10 o'clock. X ^ (JOURNAL) MONDAY, JUNE 24, 1985 • 753 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 84-1714. John H. Slingerland, Appellant v. Paul N. Olson, Chair- man, Vermont Board of Bar Examiners, et al. Appeal from the Su- preme Court of Vermont. The appeal is dismissed for want of a substantial federal question.

No. 84-6694. Joseph Williams and Y. L. Jones, Appellants v. Grand

Lodge of Freemasonry, etc. , et al. Appeal from the Court of Appeals of Minnesota. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 84-1192. GAF Corporation, Petitioner v. James K. J. Cheng. 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 with instructions to dismiss the appeal for want of jurisdiction.

No. 84-5092. John Earl Booker, Petitioner v. Mississippi. On writ of certiorari to the Supreme Court of Mississippi. The petition for rehearing is granted. The order entered October 1, 1984 denying certiorari is vacated. 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 Caldwell v. Mississippi, 472 U.S. (1985).

Orders in Pending Cases

No. A-914. William Thomas Robinson, Applicant v. United States. The application for stay of mandate addressed to Justice Marshall and referred to the Court is denied. 754' MONDAY, JUNE 24, 1985

No. D-504. In the Matter of Disbarment of James Norman Howard. It is ordered that James Norman Howard, of Lakeside Park, Kentucky, be suspended from the practice of law in this Court and that a rule issue, 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-505. In the Matter of Disbarment of Calvin J. Hurd. It is ordered that Calvin J. Hurd, of Elizabeth, 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-506. In the Matter of Disbarment of Phillip C. Daniels, Jr. It is ordered that Phillip C. Daniels, Jr., of Merchantsville. 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-507. In the Matter of Disbarment of Burnett Roth. It is ordered that Burnett Roth, 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-508. In the Matter of Disbarment of Kenneth Dale Short. It is ordered that Kenneth Dale Short, of Ellicott City, 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. 83-2004. Matsushita Electric Industrial Co., Ltd., et al., Peti-

tionersi v. Zenith Radio Corporation, et al. The motion of Governments

of Australia, et al. for leave to file a brief as amid curiae is granted.

No. 84-468. City of Cleburne, Texas, et al., Petitioners v. Cleburne

Living Center, et al. The motion of petitioners for leave to file a supplemental brief after argument is granted.

No. 84-801. Midlantic National Bank, Petitioner v. New Jersey De- partment of Environmental Protection; and

No. 84-805. Thomas J. O'Neill, Trustee in Bankruptcy of Quanta

Resources Corporation, Debtor, Petitioner v. City of New York, et al.; and Thomas J. O'Neill, Trustee in Bankruptcy of Quanta Resources

Corporation, Debtor, Petitioner v. New Jersey Department of Envi- ronmental Protect. The motion of petitioner Midlantic National Bank for divided argument is granted. MONDAY, JUNE 24, 1985 755

No. 84-1076. Transcontinental Gas Pipe Line Corporation, Appellant

V. State Oil and Gas Board of Mississippi and Coastal Exploration, Inc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The motion of appellees State Oil and Gas Board of Mississippi, et al. for divided argument is granted. Justice Powell took no part in the consideration or decision of these motions.

No. 84-1513. California, Petitioner v. Dante Carlo Ciraolo. The motion for appointment of counsel is granted and it is ordered that

Marshall W. Krause, Esquire, of Larkspur, California, is appointed to serve as counsel for the respondent in this case pursuant to Rule 46.6 of the Rules of this Court.

No. 84-5786. Frank M. Miller, Jr., Petitioner u Peter J. Fenton, Superintendent, Rahway State Prison, et al. The motion of petitioner for divided argument is denied.

Appeals—Jurisdiction Noted or Postponed

No. 84-1491. Philadelphia Newspapers, Inc., et al.. Appellants v.

Maurice S. Hepps, et al. Appeal from the Supreme Court of Pennsylva- nia, Eastern District. In this case probable jurisdiction is noted.

No. 84-871. Louisiana Public Service Commission, Appellant v.

Federal Communications Commission, et al. Appeal from the United States Court of Appeals for the Fourth Circuit. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. The case is consolidated with No. 84-889, California v. Federal Commucations Commission; No. 84-1054, Public Utilities Commission of Ohio v. Federal Communications Commission; and No. 84-1069, Florida Public Service Commission v. Federal Commu- nications Commission and a total of one hour is allotted for oral argument. The cases are set for oral argument in tandem with No. 84-1362, Public Service Commission of Maryland v. Chesapeake and Potomac Telephone Company of Maryland. Justice Powell and Justice O'Connor took no part in the consideration or decision of this order. Certiorari Granted

No. 84-1616. Parsons Steel, Inc. , et al. Petitioners v. First Alabama Bank of Montgomery and Edward Herbert. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 84-1728. Equal Employment Opportunity Commission, Peti- tioner V. Federal Labor Relations Authority, et al. Petition for writ 756 MONDAY, JUNE 24, 1985 of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 84-889. California and Public Utilities Commission of California, et al., Petitioners v. Federal Communications Conmiission and United States. Petition for writ of certiorari to the United States Court of

Appeals for the Fourth Circuit granted. The case is consolidated with No. 84-871, Louisiana Public Service Commission v. Federal Commu- nications Commission; No. 84-1054, Public Utilities Commission of

Ohio V. Federal Communications Commission; and No. 84-1069, Flor- ida Public Service Commission v. Federal Communications Commis- sion and a total of one hour is allotted for oral argument. The cases are set for oral argument in tandem with No. 84-1362, Public Service Com- mission of Maryland v. Chesapeake and Potomac Telephone Company of Maryland. Justice PoweU and Justice O'Connor took no part in the consideration or decision of this order.

No. 84-1054. PubKc Utilities Commission of Ohio, et al.. Petitioners v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. The case is consolidated with No. 84-871, Louisianxi Pub- lic Service Commission v. Federal Communications Commission;

No. 84-889, California v. Federal Communications Commission; and

No. 84-1069, Florida Public Service Commission v. Federal Commu- nications Commission and a total of one hour is allotted for oral argument. The cases are set for oral argument in tandem with No. 84-1362, Public Service Commission of Maryland v. Chesapeake and Potonmc Telephone Company of Maryland. Justice Powell and Justice O'Connor took no part in the consideration or decision of this order.

No. 84-1069. Florida Public Service Commission, Petitioner v.

Federal Communications Conmiission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. The case is consolidated with No. 84-871, Louisiana Pub- lic Service Commission v. Federal Communications Commission;

No. 84-889, California v. Federal Communications Commission; and No. 84-1054, Public Utilities Commission of Ohio v. Federal Commu- nications Commission and a total of one hour is allotted for oral argument. The cases are set for oral argument in tandem with No. 84-1362,

Public Service Commission of Maryland v. Chesapeake and Potomac Telephone Company of Maryland. Justice Powell and Justice O'Connor took no part in the consideration or decision of this order. MONDAY, JUNE 24, 1985 757

No. 84-1362. Public Service Commission of Maryland, Petitioner v. Chesapeake and Potomac Telephone Company of Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. The case is set for oral argument in tandem

with No. 84-871, Louisiana Public Service Commission v. Federal Communications Commission; No. 84-889, California v. Federal Communications Commission; No. 84-1054, Public Utilities Com- mission of Ohio V. Federal Communications Commission; and No. 84-1069, Florida Public Service Commission v. Federal Commu- nications Commission. Justice Powell and Justice O'Connor took no part in the consideration or decision of this order.

No. 84-1479. Robert J. Henderson, Superintendent, Auburn Correc- tional Facility, Petitioner v. Joseph Allan Wilson. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. No, 84-1606. Terrance Holbrook, Superintendent, Massachusetts

Correctional Institution, Norfolk, Massachusetts, et al.. Petitioners v. Charles Flynn. 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 granted.

Certiorari Denied

No. 84-473. Dannie R. Certain, Petitioner v. City of Huntsville, Ala- bama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 84-754. Citicorp, Petitioner v. Board of Governors of the Federal

Reserve System, et al.; and Citicorp, Petitioner v. Board of Governors

of the Federal Reserve System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cu-cuit denied.

No. 84-806. Buckingham Corporation, Petitioner v. Odom Corpora- tion, dba Arizona Distributing Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-948. Crawford County, Wisconsin, Petitioner v. Wesley N.

Heiar, Kenneth I. Strauman and Myrl E. Brown. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1271. Joyce M. Johnson, Executrix of the Estate of C. R.

Johnson, Deceased, et al., Petitioners v. American Airlines, Inc. Peti- 758 MONDAY, JUNE 24, 1985 tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1373. Scott Faul, Petitioner v. United States;

No. 84-6332. David Ronald Broer, Petitioner v. United States; and

No. 84-6350. Yorie Von Kahl, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1404. Donald R. Huene, et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1406. R. Anthony Marrese, et al., Petitioners v, Interqual, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1425. Northern Illinois Gas Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1437. Peter V. Alexander. Petitioner v. United States. Peti- tion for writ of certio2*ari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1518. Tri-State Motor Transit Co., et al., Petitioners v. Inter-

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

No. 84-1549. Maxwell S. Cobb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1611. Frederick Lancaster, Petitioner v, Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 84-1623. Volunteers of America-Minnesota-Bar None Boys

Ranch, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 84-1647. General Motors Corporation, et al., Petitioners v. David Lee Mitchell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1669. St. Mary's Hospital Medical Center, Petitioner v. Mar- garet M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, JUNE 24, 1985 759

No. 84-1680. Dunbar Stone Company, 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. 84-1695. County of Multnomah, et al.. Petitioners v. Ackerley Communications, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1697. Eugene Ewan Mori, Petitioners. Melvin Gittleman and Bank of New Jersey, Administrator Pendente Lite of the Estate of Eugene Mori, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1703. Anthony Ehlenfeldt, Petitioner v. C. W. Transport, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-1707. Tom Hudson and Associates, Inc., et al., Petitioners v. City of Chula Vista, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 84-1711. William C. Cox, Petitioners Supreme'Court of Florida and Florida Board of Bar Examiners. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 84-1713. Leona Brenner, Petitioner u Universal-Resilite Com- pany. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-1719. Mark H. Feldman, Petitioner v. Jackson Memorial Hos- pital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1727. Susan E. Johnson, Petitioner v. Educational Testing Service. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 84-1732. Freight Checkers Clerical Employees and Helpers

Local 856, Petitioner v. Brenda J. Alderson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1752. Lorrin Lee Sixta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1769. Lida K. Mayfield, Petitioner v. Auburn University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1790. David H. Terrell, aka Daniel H. Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 760 MONDAY, JUNE 24, 1985

No. 84-1797. Morgan L. Jones, et al., Petitioners v. Ronald W. Rea- gan, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1806. Edwin C. Lampitt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1811. Joseph Afflerbach, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-1813. Charles Wayne Shelton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1825. Donald L. Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1837. John Albert Kelly and Dennis J. Dom, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1843. Dwayne Jonathan Hiljer, etc.. Petitioner v. Harry N. Walters, Administrator of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6106. Richard Gravely, Petitioner v. Manfred Holland, War- den. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 84-6289. Robert Earl McCoy, Petitioner v. Marcus D. Gordon,

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

No. 84-6346. Bernard Jerome Lee, Petitioner 2;. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6377. Raymond D. Coates, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 84-6412. Conrad Franco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6567. Virgil Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, JUNE 24, 1985 761

No. 84-6643. Francis C. Smith, Petitioner v. Connecticut Parole Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 84-6644. Meredith Lamont Wilson, Petitioner u Tennessee. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Tennes- see, Western Division, denied.

No. 84-6655. Carl Johnson, Petitioner v. General Motors Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6669. Edward R. Matlack, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 84-6672. Edward Stephen Weser, Petitioner v. Herb Maschner,

Director, Kansas State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 84-6678. James Earl Williams, Petitioner v. Martin Lensing, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6683. Harry H. Franks, Petitioner v. Donald E. Borden- kircher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6686. Arthur J. Larson, Petitioner v. Lawrence Mulcrone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6687. Dion Douglas Ford, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 84-6688. Kenneth Bowie, Petitioner v. Ehner 0. Cady, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6693. Harold Atchison Young, Petitioner v. John Spellman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6695. Grandville Tennart, Petitioner v. Ross Maggio, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6696. Kwasi M. Seitu, Petitioner v. John R. Countiss, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 762 MONDAY, JUNE 24, 1985

No. 84-6699. William F. Depree, Petitioner v. New York State De- partment of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6705. John E. Baucom, Petitioner v. Hoyt C. Cupp, Super- intendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6709. Edwrick Venor Fowler, Petitioner v. Willie E. John- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6713. Arthur Ivery, Petitioner v. Kent State University. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6723. Eldridge Lovelace, Petitioner u Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 84-6726. Robert Hutchings, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6738. Adil Shahryar, Petitioner v. Tommy C. Martin, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 84-6769. Emery Michael Arthur, Petitioner u United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6770. Raymond Koon, Petitioner u Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-6777. Harold J, Geiger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 84-6781. Eugene Arduengo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6790. Richard Francis DeVincent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-6796. Russell Thomas Peppard, Petitioner v. United States. Petition for writ- of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, JUNE 24, 1985 763

No. 84-6798. Douglas Fulgham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-1212. Indiana, Petitioner v. William A. Minnick. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Indiana denied.

No. 84-1515. Interstate Commerce Commission and United States,

Petitioners v. Tri-State Motor Transit Co., 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. 84-1712. Interstate Conmierce Commission and United States,

Petitioners v. Texas, 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. 84-1698. Ransom Theodore Spurlock, et al., Petitioners v. Santa

Fe Pacific Railroad Company, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 84-1705. Prestress Engineering Corporation, Petitioner v. Jose Isabel Gonzalez and John Repyak. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 84-1740. James N. Fleming, Petitioner v. W. Bedford Moore, III. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1761. Timberlane Lumber Company, et al.. Petitioners v.

Bank of America National Trust and Savings Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Justice Blackmun would grant certiorari.

No. 84-5717. Alvin R. Moore, Petitioner v. Ross Maggio, 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. 84-6621. Leonard Jenkins, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Brennan and Justice Marshall. 764 MONDAY, JUNE 24, 1985 Common Law Certiorari Denied

No. 84-1733. Daniel R. De Nardo, Petitioner v. Thomas K. Williams, et al. Petition for common law writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Mandamus Denied

No. 84-1709. In Re Robert C. Bell, Jr., Petitioner; and No, 84-6671. In Re Darryl W. Walden, Petitioner. Petitions for writs of mandamus are denied.

Rehearings Denied

No. 84-1109. Hans Bothke, Petitioner v, Ernest L. Racca;

No. 84-1283. Fedrico Luna, Petitioner u House of Sofas, et al.;

No. 84-1467. Robert Palmer, et ux.. Petitioners v. Ilbert Tucker, et al.; No. 84-1583. Pauline Walber, dba Walber Construction Co. Appel- , lant V. United States Department of Housing and Urban Development;

No. 84-5350. Frederick Maxwell, Petitioner v. Pennsylvania;

No. 84-6030. Jimmy L. Glass, Petitioner v. Louisiana;

No. 84-6390. Marattize Coquillian, Petitioner v. Elie Jones, Warden; and

No. 84-6394. Theodis Brown, Petitioner v. Gordon D. Schweitzer, et al. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, June 24, 1985, until Wed- nesday, June 26, 1985.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John L. Altieri Jr. New York, NY Donald J. ZoeUer Amy Grossman Applegate Washington, DC Seymour Glanzer Roy Alston Archbell Jr. Kitty Hawk, NC John Goodwin Gaw Jr. Charles R. Balkin Chicago, IL Donald C. Schiller Harry John Barina Jr. Temple, TX Arthur Coleman Eads MONDAY, JUNE 24, 1985 765

Applicant City and State Movant

John W. Barrett Boise, ID R. B, Rock Gerhard Theodor Beck Jr. Washington, DC Warren Lloyd Miller Ronald J. Bretz Lansing, MI P. E. Bennett Gregory W. Buhler New York, NY Richard Schoolman

XT '\T 1 XTTT Howard D. Burnett New York, NY Wmiam E. Wilhs Stephen Richard Indianapolis, IN Jon Rice Factor Buschmann John Robert Carr III Indianapolis, IN Harold A.. Ducote Jr. Carmine J. Caruso III Livingston, NJ Peter W. Rodino Jr.

TT * 1 "T~» A Michael Cherewka Harrisburg, PA Wilham Bentley Ball Bruce F. Clark rrankiort, Ki John A. Bartlett

XT Tr 1 XTtT Philip Kent Correll New York, NY Thaddeus Goode iioit Jr. William F. Davis Los Angeles, CA Earl Clinton Adams

George John Decker Jr. Keno, IN V M. Oraig ilaase William J. Delmore III xiouston, lA L/alvm Aiirea Hartmann William L. Donnelly- iNewton, iviA Stanley Howard

David Douglas JN ew 1 orK, IN 1 Loris P. Primus Richard A. DuRose Jjayton, Uxi Charles J. Faruki

TT 1 * TXT Donald J. Evans Valparaiso, IN Ivan E. Bodensteiner W. Roger Fry Cmcmnati, OH Ralph F. Mitchell

T 1 TT T"! 1 Richard Earl Gentry Tallahassee, FL John H. French Jr. Artie G. Giotes Waco, lA Peeler Williams Jr.

• T> 1 _i. A T^ 1 Peter Goetz New York, NY Robert A. Rubm Bruce W. Graham Lafayette, IN Ronald K. Fowler Norman L. Grant Pawtucket, RI Wniiam F. McMahon A

766 MONDAY, JUNE 24, 1985

Applicant

Miriam Ramos Grateroles San Juan, PR Gerardo Ortiz del Rivero

James Edward Gritzner Des Moines, I Hedo M. Zacherle Thomas J. Harron Chula Vista, CA George Henry Eiser III Paul Hasty Jr. Overland Park, Barry Eugene KS Warren Pamela L. Hemminger Los Angeles, CA William French Smith Dan H. Hinds Houston, TX John K. Meyer Gary D. Housepian Knoxville, TN Ronald C. Koksal Richard F. Howard Boston, MA Ernest Winsor William Stewart Howard Lexington, KY Paul Francis Guthrie Edward Higgins Hurt Jr. Orlando, FL Roy Dale Dalton Jr. Edward Higgins Hurt Sr. Orlando, FL Roy Dale Dalton Jr. Charles M. Johnston Jr. Jacksonville, FL Stephen E. Day Kasey W. Kincaid Des Moines, I Hedo M. Zacherle Lisa Marco Kouba Chicago, IL James Thomas Ferrini Martin Jay Kxavitz Las Vegas, NV WilHam B. Creswell Terry James Krogsrud Detroit, MI Arthur J. Tamow Ronda Hubbard Lacey Birmingham, AL WHHam M. Dawson Jr. David Bracken Lee Salt Lake City, Solicitor General UT Rex E. Lee Theodore Tuvia Mairanz New York, NY Charles P. Axeh-od Charles Joseph Mason Jr. Wichita FaUs, TX Barry Louis Macha George C. McKee Starkville, MS James Marvin Ward Sol Mermelstein New York, NY Jacob Rabinowitz J. Jerome Miller Fort Walton Jack R. Heflin Beach, FL John Norbert Moreland Ottumwa, lA W. T. Barnes MONDAY, JUNE 24, 1985 767

Applicant City and State Movant

Marvin Neiman New York, NY Charles P. Axelrod James L. A. Pantages Livingston, NJ Louis J, Pantages James Howard Pearson Los Angeles, CA James Leslie Spitser Douglas Gilbert Peine Minneapolis, MN Arthur D. Walsh Robert Thomas Perry Jr. New York, NY David M. Rice Stephen G. Prom Jacksonville, FL Thomas Bog Slade III

Peter Raben Miami, FL Alan S. Ross Thomas Carey Ries Baltimore, MD Martin Peter Moser Albert S, Rose Jr. St. Louis, MO Israel Treiman Barbara H. Sagar Philadelphia, PA Jan Z. Krasnowiecki Donald D. Saint-Just Boise, ID Jeffrey A. Strother Karim Y. Sarafa Southfield, MI Richard Paul Zipser Lawrence P. Schneider Lansing, MI Richard J. Brake Gerard M. Shellan Seattle, WA Daniel 0. Kellogg Charles Andrew Sidun Lexington, KY John B. Jones Jr. William Henry Smith Las Vegas, NV Oscar Baylin Goodman Richard S. Steinberg St. Joseph, MO Grace S. Day Sidney A. Stubbs Jr. West Palm Beach, William A. Foster FL Curtis George Thompson Great Falls, MT Jack L. Lewis Ann McKenrick Tumbull Baltimore, MD Martin Peter Moser Job D. Turner III Lexington, KY Job Darbin Turner Jr. Christian R. VanDeusen Santa Ana, CA Vernon Wesley Hunt Jr. Stephen L. Wessler Litchfield, ME James E. Tiemey Richard C. Yeskoo New York, NY John Michael Townsend J.

768 MONDAY, JUNE 24, 1985

Applicant City and State Movant

Fakhri W. Yono Southfield, MI Richard Paul Zipser

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Ali^'P T.miiQP O'Donnell

Cynthia J. Clemens X^dLXXcUXXyTiAtham liNYX X aUX XCXa irxux pxXjr

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Rnrkp VA OtCYCXXStpvpn u.Tnlrnuxxxx Yonushonis Delaney

XâUXiUla JÛl UtXljr XVjrCUl T V doXXXXXg tUXXj XJ \J X-/XT^TPYp]CACX X^ClXXXI\CnaVillfP Journey Tâomrwi T^tpvpI Tîjlillrp V ClilUll VV . XXdlAJJlO X aCUXXXa^ AÂr V X^X CACX X_/aXXXlVC

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XPatTiplfAbX XWXV XrXX^XiddTVTipViapl Rptran dharlp^ TnTTPTiPP Alpxandria VA Fastham W^allpr

X\iA TTTiXllOtXQfTnnUllgcr T^nHlpv

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xJax viCXX rrPOTCP V^UlXotCtiXVC iTX^XUcUilXo VJCUX gC TT .

XJUUgllcUl xJcu,T^Qtv^pnUCXX iliuWaxU rllwUXl v^Uxtl^ Oi. oxxxyrixd, vjta VJCUx VV .

TVT r» nnnn orV» C^A ripr\T*(TP ^V VV CoiCjr JDX CUljVLcjr UlXJUl irXCi^UXXUUgXX; vjii. VJCUX VV . Darden Patricia S. Franklin Marietta, GA George W. Darden Jerry Lowom Gentry Marietta, GA George W. Darden Samuel D. Hicks Marietta, GA George W. Darden Judson R. Knighton Marietta, GA George W. Darden MONDAY, JUNE 24, 1985 769

Applicant City and State Movant

George H. Kreeger Marietta GA Darden Robert Barie Laux Marietta GA

DardenX^ V«X \j^\m^MX Michael L. Marsh Marietta GA Darden Michael Thomas Barrett Princeton NJ John Rarkes Prior Jr. Edward J. Butrym Pennine^on NJ John T^apkps Ptiot Jr.

Thomas M. Curry Trenton NJ UJohnKJXXxX X^CIiVXx^ORaokps PTiorX X XvyX Jr.

Anthony Gerard Dickson HamiltonX XdiXXlXX WV./1X SnuarpikJVJ^UXCfcX UJohnyJXXxX X^CL^xV^ORarkps PtiotX X XVJX NJ Jr.-

XJCIfTjawTPncpvillpVV V XlXW NJ JohnKJXXIX Papkp^ PtiotXvyx Eli Lewis Eytan X WXIVW y XlU U X-ImvXvww X X Jr.

Lionel Jerome Frank Princeton VJohnwXXXX X^C«V^X^wWBackes XPriorX xwx Junction NJ Jr.

John E. Hart WestrT TrentonX X wXX wwXXy NJXiV Johntf N/XIXX XJGi\mtl\,K^iOBackps XPtiotX XV/X Jr.

Robert Ramsey TrentonXxwXiwV/lX^ NJXiv C/JohnwXXXX X^CI»V.fX\WOPackps PtiotX X xwx Jr. Patricia Slane Voorhees Princeton, NJ John Backes Prior Jr. Peter James Allman Washington, DC Thomas Buergenthal Kenneth Alan Bloom Washington, DC Thomas Buergenthal Arthur Egerton Cameron Washington, DC Thomas Buergenthal Richard William Klein Jr. Washington, DC Thomas Buergenthal Alan Gilbert Lopatin Washington, DC Thomas Buergenthal William Steven Paleos Washington, DC Thomas Buergenthal Judith Klaif Rayner Washington, DC Thomas Buergenthal MONDAY, JUNE 24, 1985

Applicant City and State Movant

Edwin L Ford Sarasota FL Thomas Buergenthal Richard Lance Arkin Rockville, MD Thomas Buergenthal William Rolf Stromsem Bethesda, MD Thomas Buergenthal Michael Steven Arif Falls Church, VA Thomas Buergenthal David Lloyd Frazier McLean, VA Thomas Buergenthal

BillvJU^JUAA T RinerJ>vAAAC^ HicksXXAWAAW Springfield, VA Thomas Buergenthal Matthew Harold Pemick Oakton, VA Thomas Buergenthal

Opinions

No. 83-1624. United States, Petitioner v. James Vincent Albertini. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Ste- vens with whom Justice Brennan and Justice Marshall join. No. 83-1673. Loretta Cornelius, Acting Director, Office of Personnel

Management, Petitioner v. Allison E. Nutt, et al. On writ of certiorari to the United States Court of Appeals for the Federal 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 Blackmun. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the decision of this case.

No. 84-310. In Re Robert J. Snyder, Petitioner. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Justice Blackmun took no part in the decision of this case.

No. 84-231. Alvin D, Hooper and Mary N. Hooper, Appellants v. Bernalillo County Assessor. Appeal from the Court of Appeals of New Mexico. Judgment reversed and case remanded to the Court of Appeals of New Mexico for further proceedings not inconsistent with the opinion MONDAY, JUNE 24, 1985 771 of this Court. Opinion by the Chief Justice. Concurring opinion by Jus- tice Brennan. Dissenting opinion by Justice Stevens with whom Justice Rehnquist and Justice O'Connor join. Justice Powell took no part in the decision of this case.

Adjourned until Wednesday, June 26, 1985 at 10 o'clock. X

(JOURNAL) TUESDAY, JUNE 25, 1985 773 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-964. Charles Milton, Applicant v. 0. L. McCotter, Director, Texas Department of Corrections. The application for stay of execution of the sentence of death scheduled for Tuesday, June 25, 1985, presented to Justice White and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

Certiorari Denied

No. 84-6960. Morris Odell Mason, Petitioner v. Allyn R. Sielaff, Director, Virginia Department of Corrections. The application for stay of execution of the sentence of death presented to the Chief Justice and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) WEDNESDAY, JUNE 26, 1985 775 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 84-233. Phillips Petroleum Company, Petitioner v. Irl Shutts, et al. On writ of certiorari to the Supreme Court of Kansas. Judgment affinned in part, reversed in part and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Stevens concurring in part and dissenting in part. Justice PoweU took no part in the decision of this case.

No. 84-5240. Marie Lucie Jean, et al., Petitioners v, Alan Nelson,

Commissioner, Inmiigration and Naturalization Service, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Powell took no part in the decision of this case.

No. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. On writ of certiorari to the Supreme Court of Vermont. Judg- ment affirmed. Justice Powell announced the judgment of the Court and delivered an opinion in which Justice Rehnquist and Justice O'Con- nor joined. Opinion by the Chief Justice concurring in the judgment. Opinion by Justice White concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall, Justice Blackmun and Justice Stevens join.

No. 84-498. United States, Petitioner v. National Bank of Com- merce. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom Justice Brennan, Justice Marshall and Justice Ste- vens join. No. 83-1158. Estate of Donald E. Thornton and Connecticut, Peti- tioners V. Caldor, Inc. On writ of certiorari to the Supreme Court of Connecticut. Judgment affirmed. Opinion by the Chief Justice. Concur- 776 WEDNESDAY, JUNE 26, 1985 ring opinion by Justice O'Connor with whom Justice Marshall joins. Dissenting statement by Justice Rehnquist.

Adjourned until tomorrow at 10 o'clock. X (JOURNAL) THURSDAY, JUNE 27, 1985 777 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

David Galvin Morrow Princeton, NJ Francis John Lorson

Opinions

No. 84-9. Massachusetts Mutual Life Insurance Company, et al.,

Petitioners v. Doris Russell. On writ of certiorari to the United States Couit 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. Opinion by Justice Brennan concurring in the judgment with whom Justice White, Justice Marshall and Justice Blaclanun join. No. 83-1894. Pattern Makers' League of North America, AFL-CIO, et al., Petitioners v. National Labor Relations Board, et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Powell. Concurring opinion by Justice White. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Marshall join. Dissenting opinion by Justice Stevens.

No. 84-861. National Labor Relations Board, Petitioner v. Inter- national Longshoremen's Association, AFL-CIO, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join. No. 83-1437. Jeffrey Marek, Thomas Wadycki and Lawrence Rhode,

Petitioner v. Alfred W. Chesny, Individually and as Administrator of the Estate of Steven Chesny, Deceased. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief 778 THURSDAY, JUNE 27, 1985

Justice. Concurring opinion by Justice Powell. Concurring opinion by Justice Rehnquist. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join.

No, 84-194. United States, Petitioner v. Louise Shearer, Individ- ually and as Administratrix for the Estate of Vernon Shearer, De- ceased. 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. The Chief Justice delivered the opinion of the Court, except as to Part II-A. Statement by Justice Brennan concurring in part and concurring in the judgment with whom Justice Blackmun and Justice Stevens join. Statement by Justice Marshall concurring in the judgment. Justice Powell took no part in the decision of this case.

Adjourned until tomorrow at 10 o'clock. X ,

(JOURNAL) FRIDAY, JUNE 28. 1985 779 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, and Justice O'Connor.

Opinions

No. 84-571. Harry N. Walters, Administrator of Veterans' Affairs, at al., Appellants v. National Association of Radiation Survivors, et al. Appeal for the United States District Court for the Northern District of CaMfomia. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Jus- tice O'Connor with whom Justice Blackmun joins. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join. No. 84-351. Atascadero State Hospital and California Department of

Mental Health, Petitioners v. Douglas James Scanlon. 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 Powell. Dissenting opinion by Justice Brennan with whom Jus- tice Marshall, Justice Blaclonun and Justice Stevens join. Dissenting opinion by Justice Blackmun with whom Justice Brennan, Justice Mar- shall and Justice Stevens join. Dissenting opinion by Justice Stevens.

No. 84-4. Williamson County Regional Planning Commission, et al.

Petitioners v. Hamilton Bank of Johnson City. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Concurring opinion by Justice Brennan with whom Justice Marshall joins. Opinion by Justice Stevens concurring in the judgment. Dissenting statement by Justice White. Justice Powell took no part in the decision of this case.

No. 84-589. Paul Edmond Dowling, Petitioner v. United States. 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. 780 FRIDAY, JUNE 28, 1985

Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom the Chief Justice and Justice White join. No. 84-849. Kentucky, dba Bureau of State Police, Petitioner u James E. Graham, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

Adjourned until Monday, July 1, 1985 at 10 o'clock. X (JOURNAL) MONDAY, JULY 1, 1985 781 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 84-1591. Susan Marie Breaux Boudreaux, Appellant v. Agnes Boutte Grice. Appeal from the Supreme Court of Louisiana. The appeal is dismissed for want of a substantial federal question.

No. 84-6755. Gabriel A. Bury, Appellant v. City of Lakeland, Flor- ida, et al. Appeal from the United States Court of Appeals for the Elev- enth 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. 84-494. National Labor Relations Board, Petitioner v. Machin- ists Local 1327, International Association of Machinists, etc., et al.; and

No. 84-528. Viola Lapinski, et al.. Petitioners v. Machinists Local 1327, International Association of Machinists, etc., et al. On petitions for writs of certiorari to the United States Court of Appeals for the Ninth 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 Ninth Circuit for further consideration in light of Pattern Makers' League of North America v. National Labor Rela- tions Board, 473 U. S. (1985).

No. 84-1324. R. A. Adams and Joseph Mongiello, Petitioners v, Rob- ert M. Jasinski. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Mitchell v. Forsyth, 472 U. S. (1985).

No. 84-1756. City of Shepherdsville, Kentucky, et al.. Petitioners v. Paul Dale Rymer. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The petition for writ of certio- 782 MONDAY, JULY 1, 1985 rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for farther consideration in light of City of Oklahoma City v. Tuttle, ill U. S. (1985).

Orders in Pending Cases

No. . In the Matter of Admission of Thomas A. Howard. On application for admission to the Bar of this Court. The application for admission to the Bar of this Court presented to Justice O'Connor and by her referred to the Court is granted. Dissenting opinion by by the Chief Justice.

No. A-928. William Howard Pugh, Applicant v. Florida. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. A-944. Tonni Faber and Tammi Faber, Applicants v. Linda Faber Fargnoli and Donald Faber. The application for stay of the order of the Appellate Divsion, Supreme Court of New York, Third Judicial Department, presented to Justice Marshall and by him referred to the Court is denied. No. D-490. In the Matter of Disbarment of Frank E. Holtzman. Dis- barment order entered.

No. 92, Original. State of Arkansas, Plaintiff v. State of Mississippi. The request of the Special Master for award of costs and compensation is granted and he is awarded a total of $32,110.74 to be divided equally by the parties. The Special Master is hereby discharged.

No. 79, Original. State of Oklahoma, Plaintiff v. State of Arkansas. The Report of the Special Master is adopted and approved as submit- ted. Decree entered and judgment entered in favor of Arkansas and claims of Oklahoma dismissed with prejudice. Costs are taxed against Oklahoma. The Special Master is discharged.

No. 82-1889. Springfield Township School District, et al.. Petitioners

V. MadeUn H. Knoll. The motion of respondent to retax costs is granted and the parties are to bear their own costs. Justice Powell took no part in the consideration or decision of this motion.

No. 83-2004. Matsushita Electric Industrial Co., Ltd., et al.. Peti- tioners V. Zenith Radio Corporation, et al. The motion of petitioners to dispense with printing the joint appendix is granted and counsel shall file with the Clerk nine copies of the record that was before the United States Court of Appeals for the Third Circuit. The motion of the Solici- MONDAY, JULY 1, 1985 783 tor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 84-1244. Susan J. Davis, et al., Appellants v. Irwin C. Bande- mer, et al. The application for stay of the December 13, 1984 order of the United States District Court for the Southern District of Indiana presented to Justice Stevens and by him referred to the Court is denied.

No. 84-1531. Michigan, Petitioner v. Robert Bernard Jackson. The motion for appointment of counsel is granted and it is ordered that James Krogsrud, Esquire, of Detroit, Michigan, is appointed to serve as counsel for the respondent in this case.

No. 84-1539. Michigan, Petitioner v. Rudy Bladel. The motion for appointment of counsel is granted and it is ordered that Ronald J. Bretz, Esquire, of Lansing, Michigan, is appointed to serve as counsel for the respondent in this case.

No. 84-1745. William J. Schilling, etc.. Petitioners Telegraph Sav- ings and Loan Association of Chicago, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 84-1747. Cleo F. Shoultz, Petitioner v. Monfort of Colorado,

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

No. 84-6868. Reno Valentino, Petitioner v. Superior Court of the County of Contra Costa. The application for stay addressed to the Chief Justice and referred to the Court is denied.

Appeal-Jurisdiction Noted

No. 84-1803. Attorney General of New York, Appellant v. Eduardo Soto-Lopez, et al. Appeal from the United States Court of Appeals for the Second Circuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 84-1725. United States, Petitioner u City of Fulton, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted.

No. 84-1554. AUyn R. Sielaff, Director, Virginia Department of Cor- rections, Petitioner v. Clifford W. Carrier. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of 784 MONDAY, JULY 1, 1985

certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 84-1737. United States, Petitioners. American College of Physi- cians. The motion of American Business Press 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 Federal Circuit granted.

No. 84-6807. Millie R. Lee, Petitioner u Illinois. Motion of petitioner for leave to proceed informa pauperis and petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, granted. Certiorari Denied

No. 83-421. Consolidated X-Ray Service Corporation, Petitioner v.

Forrest Bugher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 84-636. Delia Brown, Conservator of Dan C. Briscoe, Petitioner

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

No. 84-677. American Warehousemen's Association, Petitioner v. In- ternational Longshoremen's Association, AFL-CIO, et al.; No. 84-684. International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, Petitioner v. International Longshoremen's Association, AFL-CIO, et al.;

No. 84-691. International Association of NVOCCS, et al., Petition-

ers V. National Labor Relations Board, et al.; No. 84-696. American Trucking Associations, Inc. and Tidewater

Motor Truck Association, Petitioners v. International Longshoremen's Association, AFL-CIO, et al.; and

No. 84-869. Houff Transfer, Inc., Petitioner v. International Long-

shoremen's Association, AFL-CIO, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1256. Martin Heckmann, et al.. Petitioners v. Cemeteries

Association of Greater Chicago, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 84-1372. Elmer H. Thomassen and Joan Thomassen, Petitioners

V. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1444. Rex J. Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JULY 1, 1985 785

No. 84-1463. Mary Wilson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 84-1566. Arthur L. Christofferson, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1617. Alabama Public Service Commission, Petitioner v.

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

No. 84-1665. Gordon Campbell, Petitioner v. Washington State Bar Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-1676. Floyd H. Plueckhahn, Petitioner v. Farmers Insurance

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

No. 84-1684. Allied Corporation, Petitioner v. District 17, District 29, Local Union 7113, and Local Union 6023, United Mine Workers of

America, et al.; and

No. 84-1863. District 17, District 29, Local Union 7113, and Local

Union 6023, United Mine Workers of America, et al.. Petitioners v. Allied Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-1693. Florida, Petitioner v. Pedro A. Cruz; and Florida, Peti- tioner V. Thaddeus Tyrone Holliday, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-1708. Oklahoma Publishing Company, Petitioner v. Oklahoma

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

No. 84-1718. Hubert T. Crabtree, Petitioner v. United States; and

No. 84-1760. Salvador Canale, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-1722. Port Packet Corporation, Petitioner v. E. Grey Lewis and Carolyn G. Lewis; and

No. 84-1723. E. Grey Lewis and Carolyn G. Lewis, Petitioners v. Port Packet Corporation. Petitions for writs of certiorari to the Supreme Court of Virginia denied. 786 MONDAY, JULY 1, 1985

No. 84-1730. Carl William Montgomery, Petitioner v. Illinois. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth Dis- trict, denied.

No. 84-1739. Altamont Farms, Inc., et al., Petitioners u Nelly Rios, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 84-1743. Michael A. Belletire, Director, Department of Mental

Health and Developmental Disabilities, et al.. Petitioners v. Richard Parks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 84-1749. Phillip D. Armstrong, Trustee of the Estate of Victor

Gelking, Petitioner v. State Bank of Towner. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 84-1754. Robert D. Cavanagh, Petitioner v. William Goldberg,

Judge, Rhode Island Family Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 84-1755. Arthur B. Modell, Petitioner v, Gries Sports Enter- prises, Inc., et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 84-1757. Helen Hellman, Petitioner v. University of Pittsburgh and Jerome Rosenberg. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1758. Durante Bros, and Sons, Inc., Petitioner v. National

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

No. 84-1767. Joseph J. Konzen, Petitioner v. Geraldine H. Konzen. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 84-1782. Smythe, Cramer Company, et al., Petitioners v. Wil- liam A. Smith and Betty Smith. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Noc 84-1786. Welenken Himmelfarb & Co. and Whayne Hougland,

Petitioners v. Julia V. Sparrow Holt ( Atchison ), etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-1787. Joseph Alton Bowers, Petitioner v. Continental Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, JULY 1, 1985 787

No. 84-1789. Joseph E. Simon and Margaret E. Simon, Petitioners v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 84-6351. Norma Solis, Petitioner v. United States, Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6384. Carl S. Thomas, Petitioners Sanford Kadish, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 84-6398. Lee Roy Hargrave, Jr. , Petitioner v. Robert M. Lan- don, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 84-6432. Samuel Fulton and Ronald Fitzgerald Robinson, Peti- tioners V. George H. CoUins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 84-6452. Cleo Douglas LeCroy, Petitioner v. Florida; and

No. 84-6475. Jon M. LeCroy, Petitioner v. Florida. Petitions for writs of certiorari to the Supreme Court of Florida denied.

No. 84-6469. Claude A. Cast, Petitioner v. Warren Young, Warden. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 84-6500. Cleveland R. Rodgers, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 84-6544. LesKe Augustus Reddick, Petitioner v. William F. Cal- lahan, Superintendent, Massachusetts Correctional Institution at Nor- folk. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 84-6578. Leonard Sloane, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 84-6610. Tommy Lee Randolph, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 84-6631. Daniel B. Sims, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 84-6706. Woodson Avery, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. 788 MONDAY, JULY 1, 1985

No. 84-6710. Darro Alston, 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. 84-6747. John Anthony Reed, Petitioner v. Wisconsin Depart- ment of Health and Social Services, Division of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-2076. Roger Pollard, Petitioner v. Board of Police Commis- sioners and Norman A. Caron. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice Brennan, Justice Marshall and Justice Powell would grant certiorari.

No. 84-761. Data General Corporation, Petitioner v, Digidyne Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White, with whom Justice Blackmun joins.

No. 84-1230. City of North Muskegon, et al.. Petitioners u Richard Briggs. 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. Dissenting opinion by Justice White, with whom the Chief Justice and Justice Rehnquist join.

No. 84-1677. Green Bay Packaging, Inc., Petitioner v. Adams Ex- tract Company, et al. Petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari to resolve a conflict between the decisions of the United States Court of Appeals for the Fourth Circuit and the United States Court of Appeals for the Fifth Circuit. No. 84-1720. Clarence Holding, Petitioner u Sovran Bank, Executor and Trustee of the Estate of Lillian J. Muse, Deceased. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Pow- ell took no part in the consideration or decision of this petition.

No. 84-1734. Kathy Johnson, Petitioner v. Pennsylvania State Uni- versity, et al. The motion of The Student Association of the State Uni- versity of New York, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 84-1741. Clifford Henry Bowen, 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. MONDAY, JULY 1, 1985 789

No. 84-6700. Roger Dale Stafford, Sr., Petitioner u 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. 84-6714. William Thomas Cartwright, 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. 84-6728. Nicholas Lee Ingram, 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. 84-6808. John Mills, Jr., Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 84-6447. Raymond Eugene Teague, Petitioner v. Tennessee. The petition for a writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. Dissenting opinion by Marshall with whom Justice Brennan joins.

No. 84-6473. Jessie Gonzalez-Mares, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Brennan and Justice Marshall -would grant certiorari.

No. 84-6520. Allen Lee Davis, Petitioner v. Florida. The petition for a writ of certiorari to the Supreme Court of Florida is denied. Dissent- ing opinion by Justice Marshall, with whom Justice Brennan joins.

No. 84-6681. Robert Dale Henderson, Petitioner v. Florida, The petition for a writ of certiorari to the Supreme Court of Florida is denied. Dissenting opinion by Justice Marshall, with whom Justice Brennan joins. No. 84-6689. Harvey and Rebecca Rumbaugh, Individually and As

Next Friends of Charles Rumbaugh, Petitioners v. 0. L. McCotter, Director, Texas Department of Corrections. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting opinion by Justice Marshall, with whom Justice Brennan joins. Rehearings Demed

No. 84-1319. Neal H. Densmore, Petitioner v. City of Boca Raton,

Florida, et al.;

No. 84-1570. Jesse J. Johnson, Petitioner v. Merit Systems Protec- tion Board; 790 MONDAY, JULY 1. 1985

No. 84-1632. Richard W. Suter, Petitioner v. United States;

No. 84-1637. Calvin Holderman, Jr., Appellant v. United States;

No. 84-1638. Calvin Holderman, Jr., Appellant v. United States;

No. 84-5484. David A. Jarreil, Petitioner v, Charles Balkcom, Warden;

No. 84-6033. John E. Brogdon, Petitioner v. Louisiana;

No. 84-6074. Herbert E. Gregory, Petitioner v. Maryland;

No. 84-6222. Earl David BoCook, Petitioner v. Arthur Tate, Jr., Superintendent;

No. 84-6280. Vincent F. Zarrilli, Petitioner v. Joseph Braunstein;

No. 84-6372. Jonathan L. Haas, Petitioner v. Amon Nichols, et al.;

No. 84-6399. Michael Albert Cervi, Petitioner v. Ralph Kemp, Warden;

No. 84-6437. Leo Victor Savage, Petitioner v. City of Columbus;

No. 84-6497. Edward Stephen Weser, Petitioner v. Herb Maschner, et ai,; and

No. 84-6534. Raymond Lee Stewart, Petitioner Illinois. The petitions for rehearing are denied. No. 84-465. Lee Roy Black, Director, Missouri Department of Cor- rections and Human Resources and Dick D. Moore, Chairman, Missouri

Board of Probation and Parole, Petitioners v, Nicholas J. Romano; and No. 84-5765. Sandra M. Robertson, Petitioner u William A. Robert^ son. The petitions for rehearing are denied. Justice Powell took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael Coghlan Allen Richmond, VA Denis Charles Englisby David W. Anderson Mariin, TX Patrick Michael KeUy Mason Homer Anderson ShaUotte, NC John F. Crossley Isaac Anderson Jr. Fort Myers, FL Patrick Emmett Kehoe Thomas A. Baird Lansing, MI Michael John Schmedlen A

MONDAY, JULY 1, 1985 791

Applicant City and State Movant

Jonn otuart oaxter UKianoma Uity, John Franklin Conyers Ronald Alan Baybayan Des Momes, lA Louis A. Lavorato Robert Forbes Becker Laguna Niguel, Barry Thomas P A Simons 1 nomas vjrasiy jjeii jr. otaunLon,Qfonn+rk-n "XT'v a Wayt B. Timberlake Jr. \/tm/i/^vit*V incent jT/^c*/^T\riosepn oeiusKot^^lnoi^/^ L/Os iingeies, KjA William Robert Spensley

J UJia l-'Uyic JDcI Illlal UL JDctlLlIIlUl iVll^ George Edward Bums Jr. ri. Vjreorge jjebi ii John D. O'Hair

"111 131 dllllCl/t Aflonfo riA U C J' V/« Emmett J. Bondurant II d ames j . ijruaney wasningxon, ukj Elliot Bredhoff

i nomas xini-nony i3runo uruana, lij Judffe Robert James Steigmann jiiYic w . oueiner jjaiias, lA Thomas Wofford Craddock William r owell Burgess Jr. riunLSviiie, Aij John Mark McDaniel

Uctlllco lJUl LUIi iNcW v/lXcctliO) xjr\. Frank John Peragine ira o. v^idir irniidaeipnid,PVn*larlcklrkV»iQ ri\.PA Joseph A. DiSalvo

XPanlctUl HJtlWctltiFiHwflrH \w'LlliUlLlniiffnrrl VV dSIllligLUll^ LJKj Patrick Emmett Kehoe

IV. oaran v^/ompion wasmngxon, LfKj Charles R. Work Donald S. Cooper Anchorage, AK Lawrence A. Aschenbrenner ocott JJaniei Murireesboro, iN Richard F. LaRoche d osepn r . uennm ijong jjeacn, KjJ\ William French Smith Stanlpv T Dohrv Dpfroit MT Edwin Herbert Comber Roxanne Sakoian Eichler Pittsburgh, PA Girald N. Evashavik 792 MONDAY, JULY 1, 1985

Applicant City and State Movant

Ofelia C. Franco Chicago, IL Lewis Michael Nixon Barry W. Frost Trenton, NJ Leon M. Robinson Vickie L. Gabin Santa Fe, NM Peter Thomas White William J. Gatton Minneapolis, MN Jack Sogge Nordby Judith Klaswick Giltenboth Pittsburgh, PA Judge Carol Los Mansmann John P. Gismondi Pittsburgh, PA Thomas L. Cooper Eric H. Green New York, NY Marc Z. Newman Lester Marshall Alan Gulitz New York, NY Freda S. Fineman Jeffrey J. Harmon Covington, KY Robert Edward Manley Thomas A. Harnett High FaUs, NY Howard Schell ReiUy Rex Kennedy Harriott Newark, NJ Robert Joseph Kelly Charles Edward Carlyle San Francisco, CA Gregory S. Stout Harris Bruce Alan Harwood Chicago, IL Ira S. Kolb Dennis V. Haslam Salt Lake City, Charles R. Brown UT Wilfred A. Heam Jr. Los Angeles, CA Thomas Robert Sheridan Carl James Hebert New Orleans, LA Thomas J. Grace Paula L. Hess Los Angeles, CA Richard Glenn Berg Thomas A. Howard Southfield, MI Robert H. Lorion Joseph Lister Hubbard Montgomery, AL John L. CapeU Peter Andrew Vincent Oakland, CA Richard L. Huegel Tavrow Lee Peter Jedziniak Columbia, SC Steven Walker Hamm Don Lee Jemison Wann, OK Thomas Leon Cubbage II Jennings B. Jones Jr. Cameron, LA James E. Diaz MONDAY, JULY 1, 1985 793

Applicant City and State Movant

Peter J. Kalis Pittsburgh, PA Benna Ruth Solomon Gregory L. Karam Cincinnati, OH Ernest Karam Andrew James Kilpatrick Jackson, MS Walter Jr. Watlington Eppes Jr. R. Broh Landsman Seattle, WA Richard S. White Lawrence Edward Leone Los Angeles, CA Eugene L. Trope Mark Alan Lewis Shallotte, NC John F. Crossley David Lieberworth Seattle, WA David J. Burman Richard Norman Lipow Audubon, PA Thomas Francis Martin Daniel Joseph McGuan Chicago, IL Jerris Leonard Olen W. Meredith St. Augustine, FL Geoffrey B. Dobson Jacqueline Wei Mintz Baltimore, MD Ann Harriet Franke John H. Moore Marietta, GA Robert J. Grayson Traci Elizabeth Nally- Champaign, IL Francis J. Jahn Harris

John S. Osbom III Louisville, KY Edwin Sharp Hopson Frank Mario Pitre San Mateo, CA Joseph W. Cotchett Peggy Elizabeth Ready St. Augustine, FL Geoffrey B. Dobson Clifford J. Roberts Bartlesville, OK Thomas Leon Cubbage II Erik Rosenquist Seattle, WA Clemens H. Barnes Ronald J. Saffa Tulsa, OK Wylie Joseph Neal Edwin L. Scherlis Philadelphia, PA Gordon Gelfond Randall L. Sherrod Canyon, TX Deane C. Watson Ronald H. Sinzheimer Albany, NY Paul M. Whitaker Emily Annette Stevens Los Angeles, CA Milton Feinerman Meri Anne Stowe Lansing, MI Lawrence Patrick Nolan 794 MONDAY, JULY 1, 1985

Citv and State

Berrien L, Sutton Homerville, GA F. Thomas Young Philip Albert Talmadge Seattle, WA Robert Paul Piper John Alexander Thomas Gurdon, AR William Howard Arnold William Van Thompson Jr. Dallas, TX Joe Charles Lockhart Daniel Charles Turner Tucson, AZ A. Alan Hanshaw Scott Christopher Verges San Francisco, CA Howard N. EUman John Marshall Volkman Portland, OR Otto R. Skopil Jr. William Ward Starkville, MS Hunter M. Gholson Donald J. Winder Salt Lake City, Tim Dalton Dunn UT Geore'e W Wright New York NY Eli Ellis Kirsten Louise Zerger Berkeley, CA Peter David Nussbaum

Opinions

No. 84-497. Lee M, Thomas, Administrator, United States Environ- mental Protection Agency, Appellant v. Union Carbide Agricultural

Products Co. , et al. Appeal from the United States District Court for the Southern District of New York. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Brennan concurring in the judgment with whom Justice Mar- shall and Justice Blackmun join. Opinion by Justice Stevens concurring in the judgment.

No. 84-755. United States, Petitioner v, Rosa Elvira Montoya de Hernandez. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 84-468. City of Cleburne, Texas, et al.. Petitioners v. Cleburne Living Center, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed in part, vacated in part, and case remanded to the Court of Appeals for further proceed- MONDAY, JULY 1, 1985 795 ings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Stevens with whom the Chief Justice joins. Opinion by Justice Marshall concurring in the judgment in part and dissenting in part with whom Justice Brennan and Justice Blackmun join.

No. 84-648. Sedima, S.P.R.L., Petitioner v. Imrex Company, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Mar- shall in this case and in No. 84-822, American National Bank and Trust Company of Chicago, et al. v. Haroco, Inc., et al., post, with whom Justice Brennan, Justice Blackmun and Justice Powell join. Dis- senting opinion by Justice Powell.

No. 83-990. School District of the City of Grand Rapids, et al., Peti- tioners V. Phyllis Ball, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Brennan. Opinion by the Chief Justice concurring in the judgment in part and dissenting in part. Opinion by Justice O'Connor concurring in the judgment in part and dissenting in part. Dissenting opinion by Justice White in this case and in No. 84-237, Aguilar v. Felton, No. 84-238, Secretary, U. S. Dept. of Education v. Felton, and No. 84-239, Chancellor ofBd. of Ed. ofN. Y. v. Felton, post. Dissent- ing opinion by Justice Rehnquist.

No. 84-237. Yolanda Aguilar, et al.. Appellants v. Betty-Louise

Felton, et al.;

No. 84-238. Secretary, United States Department of Education,

Appellant v. Betty-Louise Felton, et al.; and

No. 84-239. Chancellor of the Board of Education of City of New

York, Appellant v. Betty-Louise Felton, et al. Appeals from the United States Court of Appeals for the Second Circuit. Appeals dismissed. Treating the papers as petitions for for writs of certiorari, see 28 U. S. C. Sec. 2103, we granted the petitions for writs of certiorari. Judgment affirmed. Opinion by Justice Brennan. Concurring opinion by Justice Powell. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice White in these cases and in No. 83-990, School District of Grand Rapids v. Ball, ante. Dissenting opinion by Justice Rehnquist. Dissenting opinion by Justice O'Connor with whom Justice Rehnquist joins as to Parts II and III. 796 MONDAY, JULY 1, 1985

No. 84-822. American National Bank and Trust Company of Chi- cago, et al., Petitioners v. Haroco, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion per curiam announced by the Chief Justice. Dissent- ing opinion by Justice Marshall in this case and in No. 84-822, Ameri- can Nat. Bk. & Trust v. Haroco, Inc., ante.

The Chief Justice said:

"Tomorrow, Tuesday, July 2, 1985, the Court will announce all the remaining opinions ready during the Term of the Court."

Adjourned until tomorrow at 10 o'clock.

Order in Pending Case

No. 84-1923. Margaret M. Heckler, Secretary of Health and Human

Services, et al.. Petitioners v. City of New York, et al. The appHcation for a partial stay of the judgment of the United States District Court for the Eastern District of New York, case No. CV-83-0457, as set forth in the January 31, 1984 order, presented to Justice Marshall and by him referred to the Court, is granted pending the disposition by this Court of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court. (JOURNAL) TUESDAY, JULY 2, 1985 797 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Stevens, and Justice O'Connor.

Appeals—Summary Disposition

No. 84-1292. Steams Coal and Lumber Company, Inc., Appellant u Kentucky Natural Resources and Environmental Protection Cabinet. Appeal from the Supreme Court of Kentucky. The appeal is dismissed for want of a substantial federal question.

No. 84-1343. Dempster and Pauline Ferguson, et al.. Appellants v. G. Hugh Wamble and Verhne Cobbins, et al.; and

No. 84-1355. William J. Bennett, Secretary, United States Depart- ment of Education, et al.. Appellants v. G. Hugh Wamble, et al. Ap- peals from the United States District Court for the Western District of Missouri. The motion of Baptist Joint Committee on Public Affairs for leave to file a brief as amicus curiae is granted. The appeals are dismissed for want of jurisdiction.

No. 84-1528. G. Hugh Wambe, et al.. Appellants v. William J. Ben- nett, Secretary of the United States Department of Education, et al. Appeal from the United States District Court for the Western District of Missouri. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

" No. 84-604. Martin J. Joel, Jr., et al., Petitioners v. John Cirrito, et al. 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 Sedima, S.P.R.L. v. Imrex Co., 473 U. S. (1985) and American National Bank v. Haroco, Inc., 473 U. S. (1985).

No. 84-657. Bankers Trust Company, Petitioner v. Daniel Rhoades, et al. 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 Sedima, S.P.R.L. y. Imrex Co., 473 U. S. 798 TUESDAY, JULY 2, 1985

(1985) and American National Bank v. HarocOy In^.y 473 U. S. (1985).

No. 84-1033. United States, Petitioner v. William H. Pflaumer. On 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. Bagley, 473 U. S. (1985).

No. 84-1084. Tiffany Industries, Inc., Petitioner v. Alexander Grant & Company; and

No. 84-1222. Farrell Kahn, Petitioner v. Alexander Grant & Com- pany. On petitions for writs of certiorari to the United States Court of Appeals for the Eighth 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 Eighth Circuit for further consideration in light of Sedima, S.P.RX. v. Imrex Co., 473 U. S. (1985) and American National Bank v. Haroco, Inx^., 473 U. S. (1985). Justice Blackmun would deny the petitions for writs of certiorari.

No. 84-1500. ContiCommodity Services, Inc., Petitioner v. William

T. Schor, et al.; and

No. 84-1519. Commodity Futures Trading Commission, Petitioner v, William T. Schor, et al. On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the District of Columbia Circuit for further consideration in light of Thomas V. Union Carbide Agricultural Products Co,, 473 U. S. (1985).

Certiorari Granted

No. 84-1279. Delaware, Petitioner v. Robert E. Van Arsdall. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the Supreme Court of Delaware is granted.

Certiorari Denied

No. 84-722. David Alan Long, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the

Ninth Circuit denied. • i TUESDAY, JULY 2, 1985 799

No. 84-5554. Rodrigo Henao-Castano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Order

It is ordered that L. Ralph Mecham be appointed Director of the Administrative Office of the United States Courts to succeed William E. Foley, effective July 15, 1985, pursuant to the provisions of Sec. 601 of Title 28 of the United States Code.

Recess Order

The Court will take a recess from today until the first Monday in October, 1985, at which time the October 1984 Term will adjourn.

Opinions

No. 84-312. Loretta Cornelius, Acting Director, Office of Personnel

Management, Petitioner v. NAACP Legal Defense and Educational Fund, Inc., et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Blackmun with whom Justice Brennan joins. Dissenting opinion by Justice Stevens. Justice Marshall took no part in the consideration or decision of this case. Justice Powell took no part in the decision of this case.

No. 83-2148. Oregon Department of Fish and Wildlife, et al.. Peti- tioners V. Klamath Indian Tribe, On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion, by Justice Stevens. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins. Justice PoweU took no part in the decision of this case.

No. 84-776. Philip S. Carchman, Mercer County Prosecutor, Peti- tioner V. Richard Nash; and

No. 84-835. New Jersey Department of Corrections, Petitioner v. Richard Nash. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion 800 TUESDAY, JULY 2, 1985 by Justice Brennan with whom Justice Marshall and Justice Stevens join.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and

No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioner v. Mitsubishi Motors Corporation. On writs of certiorari to the United States Court of Appeals for the First 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 Blackmun. Dissenting opinion by Justice Stevens with whom Justice Brennan joins and with whom Justice Marshall joins except as to Part II. Justice Powell took no part in the decision of these cases. No. 84-48. United States, Petitioner u Hughes Anderson Bagley. 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. Justice Blackmun announced the judgment of the Court and delivered an opinion of the Court except as to Part III. Opinion by Justice White concurring in part and concurring in the judgment with whom the Chief Justice and Justice Rehnquist join. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Dissenting opinion by Justice Stevens. Justice Powell took no part in the decision of this case.

The Chief Justice said: "Today's Order List includes the announcement of the appointment of Mr. L. Ralph Mecham as the Director of the Administrative Office of the United States Courts succeeding Mr. William E. Foley, who retired in March of this year. Mr. Mecham will assume the duties of the Office of Director, July 15, 1985. We note for the record our appreciation of the excellent service of Joseph Spaniol as Acting Director since the retirement of Mr. Foley. I am also authorized to announce the retirement of the Clerk of the Supreme Court of the United States, Mr. Alexander Stevas, as of July

31, 1985. I speak for all the members of the Court, the staff of the Court, and for the Bar of the Court in thanking Mr. Stevas for his dedicated service and in wishing him much happiness and good health in the years ahead. I am also authorized to announce that Mr. Joseph Spaniol, Jr., Deputy Director of the Administrative Office of the Courts has been TXIESDAY, JULY 2, 1985 801 appointed Clerk of the Supreme Court effective August 1, to succeed Mr, Stevas. I am also authorized to announce that all the cases and other matters before the Court which were ready for disposition, have been acted upon by the Court. Accordingly, it is ordered, that those cases remaining on the docket, but not ready for consideration, are to continue to October 7 next. The Court will be in recess from today until the first Monday in Octo- ber, 1985, at which time the October 1984 Term of the Court will be adjourned. The October 1985 Term of the Court will begin, as provided by statute, on the first Monday in October. I speak for all the members of the Court in thanking the Supreme Court staff for their dedicated work during the Term."

(JOURNAL) THURSDAY, JULY 18, 1985 803 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-5. Office of Personnel Management, et al.. Applicants v. American Federation of Government Employees, AFL-CIO, et al. The motion of National Treasury Employees Union for leave to intervene is granted. The motion of National Treasury Employees Union to stay the order entered by the Chief Justice on July 3, 1985, is denied. The motion of American Federation of Government Employees, AFL-CIO, to stay the order entered by the Chief Justice on July 3, 1985, is denied. Justice Brennan and Justice Powell took no part in the consideration or decision of these motions. I: (JOURNAL) WEDNESDAY, AUGUST 14, 1985 805 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. D-476. In the Matter of Disbarment of Ronald Paul Whittington. Disbarment order entered. No. D-482. In the Matter of Disbarment of Thomas Miles Brunwin. Disbarment order entered. No. D-491. In the Matter of Disbarment of Maria Catherine Pecoraro. Disbarment order entered. No. D-492. In the Matter of Disbarment of John W. Surgent. Disbar- ment order entered. No. D-495. In the Matter of Disbarment of Leon Dicker. Disbarment order entered.

Rehearings Denied

No. 84-1436. Dugan & Meyers Construction Co., Inc., et al.. Peti- tioners V. Worthington Pump Corporation (USA);

No. 84-1482. George L. Karapinka, Petitioner v. Union Carbide Corporation;

No. 84-1553. Ramiro Arango, Appellant v. Florida Bar;

No. 84-1573. Bharati Desai, Petitioner v. Tompkins County Trust Company;

No. 84-1674. Joel D. Ender, Petitioner v. Chrysler Corporation, et al.;

No. 84-1685. Janice Ching Yee, Petitioner v. Betty Vitousek, et al.;

No. 84-1763. Pauline Walber, etc., appellant v. United States De- partment of Housing and Urban Development;

No. 84-1764. PauUne Walber, etc, appellant v. United States;

No. 84-1817. Jude Thibault, Appellant v. Carl H. Weiss, et al.;

No. 84-1818. Donald K. Williams, et ux.. Appellants v. Ann Marie

Govine, et al.;

No. 84-6414. Nicholas Marlow, Petitioner v. James Tully, Commis- sioner, Department of Taxation and Finance of New York State; 806 WEDNESDAY, AUGUST 14, 1985

No. 84-6579. Stanley March, Appellant u Catherine Ann March;

No. 84-6612. Donald Lee Maurer, Petitioner v. Ohio;

No. 84-6617. Cecil Doyle Lucas, Petitioner v. South Carolina; No, 84-6627. Larry D. Thomas, Petitioner u Ron Angelone, War- den, et al.;

No. 84-6641. Tommy Span, Petitioner v. Rose P. McCall;

No. 84-6672. Edward Stephen Weser, Petitioner v. Herb Maschner, Director, Kansas State Penitentiary, et al.;

No. 84-6675. Glen David Meadows, Petitioner v. Manfred Holland, Warden;

No. 84-6727. Willie Lawrence Celestine, Petitioner v. Frank Black- bum, Warden; and

No. 84-6763. Richard L Dunton, Petitioner v. Department of the Navy. The petitions for rehearing are denied.

No. 83-1919. City of Oklahoma City, Petitioner v. Rose Marie Tuttle, etc. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-6420. Jimmy Franklin Connor, Petitioner v, Robert James Haugh, et al. The motion of petitioner for leave to file a petition for rehearing is denied. (JOURNAL) THURSDAY, AUGUST 15, 1985 807 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. 85-5220. Jay Kelly Pinkerton, Petitioner v. 0. L. McCotter, Director, Texas Department of Corrections. The application for stay of execution of the sentence of death scheduled for Thursday, August 15, 1985, 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 writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court. Justice Powell concurring in the granting of the application for stay: Ordinarily, I would vote to deny the petition for writ of certiorari and the application for stay as I find no substance to any of petitioner's claims. But it is not clear from the votes of the other Justices absent from Washington, whether there will be four votes to grant the petition for writ of certiorari, and at this late horn- it has not been possible to clarify their positions. In view of this doubt, I will vote to grant the stay. The Chief Justice and Justice White would deny the application. Justice Rehnquist took no part in the consideration or decision of this application.

(JOURNAL) WEDNESDAY, AUGUST 28, 1985 809 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. A-28. San Francisco Police Officers' Association, et al., Appli- cants V. City and County of San Francisco, et al. The application for stay addressed to the Chief Justice and referred to the Court is denied. No. A-32. Margaret M. Heckler, Secretary of Health and Human

Services, Applicant v. Redbud Hospital District, etc. The motion to vacate the stay entered by Justice Rehnquist on July 24, 1985, is denied. Rehearings Denied

No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al.. Petitioners v. Central Transport, Inc., et al.; No. 84-351. Atascadero State Hospital and California Department of

Mental Health, Petitioners v. Douglas James Scanlon;

No. 84-761. Data General Corporation, Petitioner v. Digidyne Cor- poration, et al.;

No. 84-1292. Steams Coal and Lumbar Company, Inc., Appellant v. Kentucky Natural Resources and Environmental Protection Cabinet;

No. 84-1444. Rex J. Price, Petitioner v. United States;

No. 84-1716. Owen Wilson, etc.. Petitioner v. North Carolina Mutual Life Insurance Company of Durham, et al.;

No. 84-1843. Dwayne Jonathan Hiljer, etc.. Petitioner v. Harry N. Walters, Administrator of Veterans Affairs;

No. 84-5717. Alvin R. Moore, Petitioner v. Ross Maggio, Warden, et al;

No. 84-6621. Leonard Jenkins, Petitioner v. Ohio;

No. 84-6636. Eddie Lee Ross, Petitioner v. Georgia;

No. 84-6694. Joseph Williams and Y. L. Jones, Appellants v. John

Spellman, et al.;

No. 84-6696. Kwasi M, Seitu, Petitioner v. John R. Countiss, et al.; and

No. 84-6728. Nicholas Lee Ingram, Petitioner v. Georgia. The petitions for rehearing are denied. 810 WEDNESDAY, AUGUST 28, 1985

No. 83-1842. Jonathan Garrett, Petitioner v. United States. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

No. 84-1811. Joseph Afflerbach, et al., Petitioners v. United States. The appHcation for suspension of the effect of the order denying certiorari addressed to Justice Brennan and referred to the Court is denied. The petition for rehearing is denied. (JOURNAL) TUESDAY, SEPTEMBER 3, 1985 811 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-181. Willie Jasper Darden, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. The application for stay of execution of the sentence of death scheduled for Wednesday,

September 4, 1985, presented to Justice Powell and by him referred to the Court is denied. Concurring statement by the Chief Justice. Dis- senting statement by Justice Brennan and Justice Marshall. Dissenting statement by Justice Blackmun and Justice Stevens.

Certiorari Granted

No. 85-5319. Willie Jasper Darden, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Upon the request of counsel for the petitioner, the appHcation for stay of execution has been considered as a petition for a writ of certiorari. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit are granted. The order of this date denying the appHcation for stay is vacated. The appHcation for stay of execution of the sentence of death is granted pending the sending down of the judgment of this Court. Con- curring statement by Justice Powell Dissenting statement by the Chief Justice. Justice White, Justice Rehnquist, and Justice O'Connor would deny the application.

(JOURNAL) FRIDAY, SEPTEMBER 6, 1985 813 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. 84-6953. Christopher A. Burger, Petitioner v. Ralph Kemp, Warden. The application for stay of execution of the sentence of death scheduled for Monday, September 9, 1985, presented to Justice Powell and by him referred to the Court is granted pending the dispostion by this Court of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.

(JOURNAL) WEDNESDAY, SEPTEMBER 18, 1985 815 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. A-941. In the Matter of Margarite Petrillo, Applicant. The application for stay addressed to the Chief Justice and referred to the Court is denied. No. D-489. In the Matter of Disbarment of James P. McGarry. Dis- barment order entered. No. D-494. In the Matter of Disbarment of Robert Douglas Ed- wards. Disbarment order entered. No. D-508. In the Matter of Disbarment of Kenneth Dale Short. Dis- barment order entered.

No. D-510. In the Matter of Disbarment of John Cody. It is ordered that John Cody, of Sierra Vista, Arizona, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-511. In the Matter of Disbarment of Eugene A. Stock. It is ordered that Eugene A. Stock, of Marysville, Washington, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-512. In the Matter of Disbarment of Anthony B. Meisner. It is ordered that Anthony B. Meisner, of Berkley, 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-513. In the Matter of Disbarment of Donald Dean Nash. It is ordered that Donald Dean Nash, 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-514. In the Matter of Disbarment of Robert Alan Lebovitz. It is ordered that Robert Alan Lebovitz, of Pittsburgh, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue. 816 WEDNESDAY, SEPTEMBER 18, 1985 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-515. In the Matter of Disbarment of Jeffrey Marc Kanter. It is ordered that Jeffrey Marc Kanter, of Roslyn Heights, 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 bie disbarred from the practice of law in this Court.

No. D-516. In the Matter of Disbarment of Raymond McKaba. It is ordered that Raymond McKaba, 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-517. In the Matter of Disbarment of William De\dne Sabiston,

Jr. It is ordered that William Devine Sabiston, Jr., of Carthage, 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. 83-1968. Lacy H. Thomburg, et al.. Appellants v. Ralph

Gingles, 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. 83-2004. Matsushita Electric Industrial Co., Ltd., et al., Peti-

tioners V. Zenith Radio Corporation, et al. The motion of American As-

sociation of Exporters and Importers, et al. for leave to file a brief as amid 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. 84-495. Richard Thomburgh, et al.. Appellants v. American

College of Obstetricians and Gynecologists, et al. The motion of Alan Ernest to allow counsel to represent children unborn and bom alive is denied. The motion of Legal Defense Fund for Unborn Children for

leave to file a brief as amicus curiae is denied. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 84-836. Daniel Vasquez, Warden, Petitioner v. Booker T. Hillery, Jr. The motion of NAACP Legal Defense & Educational Fund, Inc. for leave to file a brief as amicus curiae is granted. WEDNESDAY, SEPTEMBER 18, 1985 817.

No. 84-1160. Bertold J. Pembaur, Petitioner v. City of Cincinnati,

et al. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 84-1244. Susan J. Davis, et al.. Appellants v. Irwin C. Ban- demer, et al. The motion of Indiana State Conference of NAACP Branches for leave to file out-of-time motion for divided argument is denied.

No. 84-1288. John V. Evans, et al, Petitioners v. Jeff D., 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. 84-1340. Wendy Wygant, et al., Petitioners v. Jackson Board of Education, etc., et al. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 84-1360. City of Renton, et al.. Appellants v. Playtime Theatres,

Inc. , et al. The motion of National Institute of Municipal Law Officers for leave to file a brief as amicus curiae is granted. The motion of

National League of Cities, et al. for leave to file a brief as amici curiae is granted. The motion of Freedom Council Foundation for leave to file a brief as amicus curiae is granted. No. 84-1379. Eugene F. Diamond and Jasper F. Williams, Appel-

lants V. Allan G. Charles, et al. The motion of Alan Ernest to allow counsel to represent children unborn and bom alive is denied. The motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus curiae is denied. No. 84-1484. Wisconsin Department of Industry, Labor and Human

Relations, et al.. Appellants v. Gould, Inc. The motion of National Gov-

ernors' Association, et al. for leave to file a brief as amici curiae is granted. No. 84-1485. John Moran, Superintendent, Rhode Island Depart-

ment of Corrections, Petitioner v. Brian K. Burbine. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 84-1493. National Labor Relations Board, Petitioner v. Financial Institution Employees of America, Local 1182, Chartered by United Food and Commercial Workers International Union, AFL-CIO, et al.;

No. 84-1509. Seattle-First National Bank, Petitioner v. Financial In- stitution Employees of America, etc., et al. The motion of petitioners for divided argument is granted. 818 WEDNESDAY, SEPTEMBER 18, 1985

No. 84-1503. Chicago Teachers Union, Local No. 1, AFT, AFL- CIO, et al., Petitioners v. Annie Lee Hudson, et al. The motion of petitioners to dispense with printing the joint appendix is granted.

No. 84-1601. Aetna Life Insurance Co., Appellant v, Margaret W. Lavoie and Roger J. Lavoie, Sr. The motion of Association of Southern California Defense Council, et al. for leave to file a brief as amid curiae is granted.

No. 84-1686. Marie D. Sorenson, etc.. Petitioner v. Secretary of the Treasury of the United States and United States. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 84-1725. United States, Petitioner v. City of Fulton, et al. The motion of the Acting Solicitor General to dispense with printing the joint appendix is granted.

No. 84-1728. Equal Employment Opportunity Commission, Peti- tioner V. Federal Labor Relations Authority, et al. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 84-1803, Attorney General of New York, Appellant v. Eduardo Soto- Lopez, et al. The motion of appellant to dispense with printing the joint appendix is denied.

Rehearings Denied

No. 84-6005. Ronnie Joe Williams, Petitioner v. Raymond K. Pro- cunier. Director, Texas Department of Corrections. The petition for rehearing is denied.

No. 84-1720. Clarence Holding, Petitioner v. Sovran Bank, Executor and Trustee of the Estate of Lillian J. Muse, Deceased. The petition for rehearing is denied. Justice Powell took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

July 16, 1985

Applicant City and State Movant

Doris E. Anderson Houston, TX Carl Illig John A. Anderson Detroit, MI Raymond L. Morrow Linda Carol Anderson San Antonio, TX Dan Gus Matthews I WEDNESDAY, SEPTEMBER 18, 1985 8 1 9

Applicant City and State Movant

Wiley N. Anderson HI Houston, TX Jacqueline S. Akins Wiley N. Anderson Jr. Houston, TX Carl IlHg Xavier Aragona Oxon Hill, MD Warren Belmar Anthony Atenaide San Diego, CA Peter Norman Larrabee Nancie Divilbiss Aulgur Jefferson City, Curtis Frank MO Thompson David Lee Bain San Diego, CA Robert Wells Knowlton Mary Grace Balazs Cleveland, OH Michael T. McMenamin Gordon N. Baldwin Orange, CA Howard G. Lubin James A. Bamberger Anchorage, AK Tred Ronal Eyerly Jack Tising Bangert Kansas City, MO Joseph A. Sherman Mark Edward Barber Kenton, WA Daniel 0. Kellogg Margaret VanDuzer Barnes Santa Barbara, Gene M. Harris CA Steven F. Barnes Santa Barbara, Gene M. Harris CA John G. Barnes Jr. Santa Barbara, Gene M. Harris CA

T 1 TTT 1 • 1 T'\ 1 1 John Washmgton Bassett San Francisco, CA J. Pierre Kohsch William Rives Blanchard Montgomery, AL Jeffery C. Duffey Jr.

A J.1 T>1 Anthony S. Blasco Easton, PA Mark S. Refowich Wilbum Donald Bolton Jr. Foley, AL William Kenneth Gibson James C. Bridgman Boston, MA Irvmg H. Sheff David James Bruno Lakewood, CO Harold D. Reed Terrence Michael Bums Chicago, IL James Wilham Oollms Arthur Robb Butler Marysville, MI Richard Charles Binzley Donald Cole Byrd Willows, CA James Mark Atlas 820 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Joe Alan Byrom Dallas, TX Kenneth E. Blassingame Thomas J. Casey Washington, DC Bruce Douglas Sokler Mark A. Chertok New York, NY Daniel Riesel Grade Waiching Wong Chu Alhambra, CA Bernard Samuel Kamine David Louis Clegg Bolivia, NC Alonzo Hill Gainey Jr. Louise B. Cobbs Washington, DC Carroll Edward Dubuc Thierry Patrick Colaw Santa Ana, CA Vernon Wesley Hunt Jr. Colleen K. Connell Chicago, IL Harvey Grossman Gary C. Cooke Forest Hills, NY Richard S. Brook Michael M. Cooney Kansas City, MO Richard E. McFadin Susan Waite Crump Houston, TX David Crump David Joseph D'Aloia Newark, NJ David M. Satz Jr. Lawrence William Dailey Los Angeles, CA Mark Mansfield Jr. Williams Jonathan Bruce Daks Los Angeles, CA Charles Maurice Miller Cynthia Clarke Dale Washington, DC John H. 0. Clarke William Richard Danser San Jose, CA Donald McKinley Ladd Jr. Patrick Andrew Devine Columbus, OH Richard C. Farrin Fred Henderson DeMier Claremore, OK Wylie Joseph Neal Paul Matthew Donini Trenton, NJ John Backes Prior Jr. Thack Harris Dyson Foley, AL William Kenneth Gibson Theodore C. Eastmoore Sarasota, FL John T. Berteau Brent L. English Cleveland, OH Joel Andrew Makee Barbara Evans-Cordts San Antonio, TX Nancy Eaton O'Neill WEDNESDAY, SEPTEMBER 18, 1985 821

Applicant City and State Movant

Terence Farrell Hoboken, NJ Edward Kopelson Peter F. Felfe New York, NY Clark M. Clifford

VV . Lxal UlLl lU W cX o cJ X . JjUUIUcX , \j\J W. Harold Flowers

OcdLLlc, VV rV Jack P. Scholfield Bruce A. Franzel Philadelphia, PA Judge Abraham Joshua Gafni Reinaldo Fuentes-Valentin San Juan, PR Raymond Rivera- Martino Donald Ray Fuller Jr. Hickory, NC Charles Dennis Dixon Larry D. Furnas Brownsburg, IN Charles Nicholas Braun II Joseph C. Gagen Houston, TX John Oliver Tyler Jr. Elizabeth Ann Garvey Bloomington, MN Sarah Currie Mardell Bradley B. Geery Fresno, CA William Lee Garrett Bryan A. Gentile Bridgeport, CT Ralph L. Palmesi Donald B. Gentry Denver, CO James E. Hartley Joseph 0. Giaimo Forest Hills, NY John J. Santucci Richard Jay Gold Philadelphia, PA Barbara W. Mather Fredric Lawrence Goldfein Philadelphia, PA Edward B. Joseph Joe Manuel Gonzalez Tampa, FL Joseph H. Ficarrotta John Josepy Gorey Chicago, IL Charles Raymond Winkler

Michael S. Greco Boston, MA David W. Rosenberg Robert H. Greene Brockton, MA Ilene Beth Belinsky F. Kennedy Hall Macon, GA Benjamin McCaskill Garland Lisa Tomalynn Hamilton Fort Wayne, IN Judge William C. Lee 822 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Mark Douglas Hanlon Concord, NH Stephen Hugh Barber Michael Harson Lafayete, LA J. Nathan Stansbury Henry Edward Heater San Diego, CA Donald R. Lincoln Robert Michael Hickman Independence, James Dale MO Williamson Jr. David Hirson Newport Beach, Robert James CA Walling John Alan Holtaway Chicago, IL Carl H. Rolewick Anthony James Hom Philadelphia, PA Kenneth Michael Rodgers Kenneth M. Hopkins Willows, CA Charles H. Frost Howell Y. Jackson Sacramento, CA Robert F. Carlson Peter Jay Jacobson Washington, DC Arthur Addess Patrick Johnson Jr. New Orleans, LA Charles Kohlmeyer Jr. Roger B. Kaplan Woodbridge, NJ Frederic Kenneth Becker Floyd Stanley Keene Milwaukee, WI Marvin E. Klitsner Larry L. Kendrick St. Louis, MO Michael L. Boicourt Paul Richard Kenney San Francisco, CA Ronald Benjamin Friedman Glenn B. Kritzer Miami, FL Alan S. Ross Robert J. Krzys Amsterdam, NY John A. Kosinski Jr. Gene N. Lebrun Rapid City, SD Donald Richard Shultz Chauncey Waldo Lever Jr. Jacksonville, FL Thomas Bog Slade III

Kenneth J. Light Muncie, IN David Lange Martenet Charisse Ranielle Lillie Philadelphia, PA Judith Everett Harris

Roger David Luchs Washington, DC Bernard I. Nordlinger WEDNESDAY, SEPTEMBER 18, 1985 823

Applicant City and State Movant

Bruce A. MacPhee Hot Springs, AR Eudox Patterson David Alan Mair Agana, GU Marceil D. Yeater Renee M. Martin Milwaukee, WI Marvin E. Klitsner Michael D. Masanoff Princeton, NJ Alan M. Wallack A. Lamar Matthews Jr. Sarasota, FL Monte K. Marshall Bradley McCall Newton, lA Dennis Frank Chalupa

Steven C. McCracken Newport Beach, John J. Hanson CA Patrick T. McFadden South Bend, IN H. Theodore Noell Frederick Grayson Austin, TX Robert C. Howell McLeroy Patrick Joseph McMahon Danville, CA Brian David Thiessen Frederick John Meckfessel Willows, CA Charles H. Frost William Arthur Miller Modesto, CA Edward Marston Lacy Robert Parker Mills Pasadena, CA David Richard Glickman

Richard J. Minnich Cleveland, OH Christopher B. Fagan Charles Bennett Mitchell Dallas, TX Henry Wade Jr. John Mulcahy New York, NY Robert M. Morgenthau Andrew Scott Neely Knoxville, TN Edwin M. Luedeka Barbara Strapp Nelson Princeton, NJ John Backes Prior Jr. Michael Null Chicago, IL Allan S. Feingold Leo M. O'Connor Sacramento, CA James Thomas Freeman Anne Louise Gates New York, NY Edward N. Costikyan Steven Gberman KnoxviUe, TN W. Zane Daniel David A. Grsini Little Rock, AR Charles J. Lincoln 824 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Barry Andrew Oster Great Neck, NY Joseph A. Fiore William L. Owen Sacramento, CA Martin McDonough Barry H. Oxenburg Philadelphia, PA Judge Abraham Joshua Gafni Mark Charles Paben New Orleans, LA Charles Kohlmeyer Jr. Linda A. Palazzolo Newark, NJ Adrian M. Foley Jr. Walter 0. Peale III Edmonds, WA Robert C. Bibb Charles Edward Pellino Jr. Madison, WI Bruce J. Rosen Randall Bruce Pennington Ashland, KY Douglas Pitkin Larsen Jr. Margot Pequignot Clearwater, FL J. Tweed McMuUen Brian Robert Price Doylestown, PA Robert A. Godwin Laura Nan Smith Pringle Oklahoma City, Robert Thomas OK Luttrell III Paul Alexander Rake Hammond, IN WHHam H. Eichhom J. Robert Ramsay Hattiesburg, MS Thomas L. Stennis II

Joel J. Reinfeld Hackensack, NJ Brian Joseph Neary R. William Roland Tallahassee, FL Frederick B. Karl Robert L. Roth New York, NY Philip Bloom Peter Harris Rudy Richmond, VA Gerald Lee Baliles Robert Santen Ryan New Bern, NC Laurence Augustine Stith Lawrence R. Sandak New York, NY Daniel Riesel James E. Seller Shoreview, MN Theodore Emil Deaner Jr. Max Albert Skanes Marina Del Rey, Otto Frank CA Swanson Lynn Marie Smelkinson Washington, DC Stephen A. Bokat Charles E. Spencer Jr, Sacramento, CA Robert F. Carlson Mary H. Spillane Seattle, WA Paul C. Gibbs WEDNESDAY. SEPTEMBER 18. 1985 825

Applicant City and State Movant

John F. Spirk Jr. Bethlehem, PA Joseph Michael Reibman Roy Lee Steers Jr. Franklin, KY William R. Harris Charles L. Stem Jr. New Orleans, LA Stephen H. Kupperman Hugh Dean Stiles Sacramento, CA Jack Marsh Laughlin Clive James Strong Boise, ID Jim Jones Harris Ian Sufian New York, NY Donald N. Malawsky Kathleen Marie Sullivan Cambridge, MA Laurence Henry Tribe John Thomas Szymkowicz Oxon HiU, MD Warren Belmar Alyssa Lois Talanker Albany, NY Lawrence Parker Wiest

Richard Gary Taranto New York, NY Joel I. Klein John Thomas Tarrell Kearney, NB Patrick John Nelson Theodore Abram Tenor Beaver Falls, PA Joanne Lichtenstein Stephen M. Thomas Hickory, NC Charles Dennis Dixon Randolph Brewster San Francisco, CA Michael Alan Thompson White Lacy H. Thomburg Webster, NC Louis B. Meyer Daniel Eugene Tolfree Seattle, WA DeWitt WilUams Mark Anthony Treadwell Los Angeles, CA David Richard Glickman David Chaim Utevsky Seattle, WA Camden Michael HaU Kent Leeds Vallete Burbank, CA Gerald T. Manpearl Ann P. VanGaasbeek Fort Worth, TX Henry J. Lischer Jr. Charles E. VonSchmidt Smithtown, NY James Albert Gowan W. Stanley Walch St. Louis, MO William Grant Guerri 826 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Kobert Luke WaUker r ort Wayne, iJN Frederick R. Tourkow James M. Wallace Jr. Chapel Hill, NC James F. Bullock Philip Stephen Weber New York, NY Daniel M. Harris Sanford Israel Weinberg Rockville Centre, Solomon H. NY Friend Kent Ewing Westmoreland Houston, TX Wade Gamey Griggs Jr. Philip L. Wettengel Milwaukee, WI Marvin E. Klitsner Joel Lee Williams iroy, aIj John M. Patterson Lois Gail Witte Denver, CO Paula Christine Phillips Peter J. Zomber Los Angeles, CA Daren Thomas Johnson

August 1, 1985

Applicant City and State Movant

Cary M. Adams Sacramento, CA Lester B. Seidel Robert G. Alexander Jacksonville, FL Roger J. Waybright Lee Edmundson Bains Jr. Birmingham, AL H. Thomas Wells Jr. Bobbie Grace Bayless Houston, TX David Hittner Barbara Purse Beach Alexandria, VA Gerald Lee Baliles Howard A. Belodoff Boise, ID Luvem Charles Johnson III James P. Benassi Frankfort, KY Joseph Vincent Aprile II Paul Bent Long Beach, CA Robert Harold Tourtelot Robert G. Beshears Phoenix, AZ George Hall Mitchell David R. Black Media, PA Donald M. McCurdy Frederick H. Boness Anchorage, AK Edwin Lloyd Meeds WEDNESDAY, SEPTEMBER 18, 1985 827

Applicant City and State Movant

J. Thomas Bowen San Francisco, CA Philip Paul Bowe Robert Seth Brager Washington, DC Aubrey E. Robinson Jr. Harold Bronstein Miami, FL Alan Douglas Greene Constance E. Brooks Denver, CO K. Preston Oade Jr. Robert B. Buckalew Little Rock, AR C. Lowber Hendricks Russell Wills Budd Dallas, TX Frederick Martin Baron Peggy Lee Bunch Plymouth, MN Hubert H. Humphrey III Daniel M. Burlew II Owensboro, KY Charles E. Moore Kenneth L. Childs Columbia, SC Peter L. Murphy Cornelia A. Clark Franklin, TN Thomas Parker Kanaday Jr. Roger Clegg FaUs Church, VA Charles Fried Paul R.J. Connolly Salem, OR Francis F. Szczebak Lee CuUen Madison, WI Mark A. Frankel Joseph L. Curosh Whiting, IN John F. Crawford Philip A. Davenport Dallas, TX Leo J. Hoffman Charlotte L. Poole Davis St, Thomas, VI Brenda Joyce Hollar

William J. Davis East Liverpool, James D. Primm OH Jr. C. Rees Dean Flint, MI Andrew J. Transue Thomas More Dickinson Providence, RI Constance Lorna Messore Allan David Dinkoff New York, NY George H. Colin Robert Geoffrey Dreher Boston, MA John G. Gillis Maureen M. Dwyer Washington, DC Jean F. Dwyer Jan Elizabeth Eakins Los Angeles, CA Kenneth W. Anderson Ted Lee Earl Columbus, OH James L. Graham 828 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

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TaViti TVT r^vodpon TTiJwiQnn T • «J Uliil iVi.. vjri cdCcii YV ililctllloUUx g, V XX. xlctxXXoUIl XJ» Winter Rodnev Glenn Grefforv Jacksonville, FL Leander Jerry Shaw Jr. Robert G. Grierson Mattoon, IL Jack E. Horsley Tp-pprnv rriitrnjiTi New York NY Steven R Kartagener Richard L. Halpert Kalamazoo, MI Russell A. Kreis

James R Harris Lincoln NB WilliamTV XXXXCXAXA MXrX« Berlowitz Will Ford Hartnett Dallas, TX John L. Hauer Adrianne S Harvitt Chicago, IL Constantine John

Martin F. Hayes IV Mineola, NY Peter L. Pagones J. Gary Hickman Washington, DC Robert C. Macomber WEDNESDAY, SEPTEMBER 18, 1985 829

Applicant City and State Movant

John Stuart Higgins Jr. Visalia, CA WilUam A. Richmond Donald W. HiU Dallas, TX E. Brice Cunningham Thomas G. Hippert Tucson, AZ Frederic Joseph Dardis Frank Holahan Piermont, NY Richard J. Ryan Richard James Hopewell Sioux Falls, SD Wm. L. Dickey Edwin Joseph Jacobs Jr. Atlantic City, NJ Francis J. Hartman James Adam Jankowicz Decatur, IL Henry F. Jankowicz Darragh Keith Kasakoff Worcester, MA John F. Buckley Steven Michael Kaufman Ogden, UT Peter Wendell Guyon Steven P. Kersner Washington, DC Daryl A. Nickel Fred W. Killion Jr. Mobile, AL Abram L. PhiUps Jr. Robert Marshall Klein Chicago, IL Anthony E. Dombrow A. Sheldon Kovach Media, PA Francis James Catania Eric Alan Kracht Baton Rouge, LA WilHe Perry Wray Jr. Mark Lane Washington, DC Linda Claire Huber Ellen S. LeVine San Francisco, CA Robert Charles Cagen Edwin Macy Albuquerque, NM Tova M. Indritz Edward Rand MacDonald Dixon, CA Howard N. EUman Rudolph F. Magna Jr. Gumee, IL John Goshgarian Thomas Edward Malone Wichita, KS Edward Joseph Nazar Michael Stanley Manza Tacoma, WA Larry Elliott Levy Erica Weiss Marsden Lansing, MI Louis J. Caruso 830 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

James Stewart Mattson Key Largo, FL Stephen Myron Pave John Richard McBride St. Paul, MN Thomas Frank VanHom John W. McCaffrey Chicago, IL Paul Philip Biebel Jr. Brenda Ford McGhee Durham, NC Charles Edward Daye Evan Christopher San Diego, CA Patrick D. Webb McKenzie Judith Georgette Menadue St. Paul, MN Robert L. Bach Susan Buff Milstein Albany, NY W. Dennis Duggan Mark James Mingo Milwaukee, WI Paul Jo Gossens John Arthur Moe II Los Angeles, CA Samuel L. Bufford WilKam David Moorhead Albany, GA R. Benj amine III Reid Glen Randy Mozingo Laguna Hills, CA James D. Riddet Richard L. Neumeier Boston, MA Philander S. Ratzkoff Francis J. Nielson Salt Lake City, John L. Black UT Ford Lee Noble Cleveland, OH Joseph A. CipoUone William Ralph Palmer South Boston, VA Samuel Wilbert Tucker Alan K. Parver Washington, DC Lester B. Seidel Moss Patashnik Providence, RI Allan M. Shine Rickie Leon Pearson Frankfort, KY George M. Geoghegan Jr.

Paul S. Penland Boise, ID David H. Leroy Ronald Lawrence Perl Hillsborough, NJ Vmcent T. Bisogno Maibeth Porter Birmingham, AL Cathy S. Wright Robert Francis Prorok Pittsburgh, PA Leonard L. Scheinholtz Michael A. Pysno Minneapolis, MN Michael James Wahoske WEDNESDAY, SEPTEMBER 18, 1985 831

Applicant City and State Movant

Todd M. Raskin Solon, OH Thomas S. Mazanec Stanley Douglass Rauls Little Rock, AR Samuel A. Perroni Robert Louis Rediger Sacramento, CA Norman Paul Shanley Robert Donald Repasky Madison, WI Charles D. Hoomstra Denis Walter Retoske Costa Mesa, CA William Stocker Joseph F. Rice Barnwell, SC J. Michael Farrell David Richman Philadelphia, PA Edward W. Madeira Jr. James H. Rion Jr. Barnwell, SC James Douglas Crawford Gary Byron Roach Ventura, CA Donald L. Benton Gary M. Rosenberg New York, NY Warren Alvin Estis John Laurence Rozier Visalia, CA Robert Paul Long John M. Sacchetti Columbia, MD Randolph Warren Gaines Jane Naida Saginaw Dallas, TX Frederick Martin Baron David Michael Salentine San Francisco, CA David Peter Weaver Jr. David Ira Schlosberg Miami, FL Irving M. Schlosberg G. Frederick Seemann Lafayette, LA Manuel Adam Fernandez Richard William Sherwood Sacramento, CA Quin Denvir Casey Shpall Denver, CO K. Preston Oade Jr. David R. Snodgrass Dallas, TX Ronald M. Gaswirth Barry Alan Solomon Arlington, VA Myra Kammerman Kurzbard Stanford R. Solomon Tampa, FL Laurence E. Kinsolving 832 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Emma Ruth Helms St. Columbia, SC Peter L. Murphy Pierre Steve Peter Stanos Youngstown, OH Eugene Barry Fox Rex Earl Starr Stilwell, OK Tim K. Baker Silvano Antonio Stefani Chicago, IL Jack Peter Janetatos John Edd Stepp Jr. Los Angeles, CA John J. Hanson Daha Browning Stokes Houston, TX David Hittner Stephen P. Swem Pittsburgh, PA John Patrick Joyce Allan E. Tesche Anchorage, AK David G. Berry John Joseph Thiebes Missula, MT Michael T. Greely Robert Alan Tropp Tampa, FL Richard Gus Pippinger Michael W. linger Minneapolis, MN Charles T. Hvass Joseph Louis Vacca Omaha, NB John P. Raynor Maria Marguerite VanBeek Amsterdam, the Juhus Kaplan Netherlands, Sandra Lee Vincent Laguna Hills, CA James D. Riddet Virginia A. Vinson Birmingham, AL John Paul DeCarlo John Peter Wagner Sacramento, CA Lester B. Seidel Yvette Hall War Bonnet Mission, SD Terry L. Pechota R. Eddie Wayland Nashville, TN Robert L. Ballow Michael Barry Wedner Jacksonville, FL William Lee Allen Laurel Judith Weinberg New York, NY George S. Meissner Charles Bonney Wiggins Seattle, WA Thomas Samuel ZiUy J. Richard Williams Albany, NY Arthur F. McGinn Jr. Georgia L. Winstead Raleigh, NC James T. Harper William McCroskey Wright San Francisco, CA Ronald Benjamin Friedman

August 23, 1985

Applicant City and State Movant

Robert Louis Ackerman Springfield, OR Charles 0. Porter James Claiborne AUred Springfield, VA Thomas Woehrle WEDNESDAY, SEPTEMBER 18, 1985 833

Applicant City and State Movant

Clyde F. Anderson North Oaks, MN J. Richard Bland Alan S. Axelrod New York, NY Bertrand Jay Kahn Linda S. Balisle Madison, WI Lawrence S. Seuferer Mark T. Banner Chicago, IL Dimitri Dennis Allegretti Dennis M. Barry Washington, DC Douglas J. Colton Robert Michael Becker Newark, NJ Jerald D. Baranoff Daniel P. Ben-Zvi Stamford, CT Richard S. Lipman Charles Ernest Bentley Lakeland, FL Thomas R. Bayless Gary Keith Berman Durham, NC Richard N. Weintraub Phyllis Elaine Bernard Washington, DC Lawrence Robert Velvel Lawrence Bernstein Washington, DC James Martin Weitzman James Bruce Bickner Jacksonville, FL Rutledge R. Liles John Adikes Bond Fort Lauderdale, Nathan Zausmer FL Edward Morton Booth Jr. Jacksonville, FL Rutledge R. Liles Michael Don Bradbury San Buenaven- Edwin Meese III tura, CA Herbert S. Bristow Waco, TX Wilmer C. Haley Christy A. Brooks Milwaukee, WI Edward Thomas Schilhng Joseph M. Brown Jr. Mobile, AL Alvin T. Prestwood Nordahl L. Brue Burlington, VT Harry Adelman Robert Arthur Brunig MinneapoHs, MN Joe A. Walters Mary Kathryn Butler Chicago, IL Michael M. Conway Donald G. Cadoo Los Angeles, CA William Patrick McGinn Diane C. Campbell Vista, CA James A. Hennenhoefer 834 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Douglas Neil Campbell Atlanta, GA Michael Viredl Elsberry Douglas R. Carlson Chicago, IL Max Wildman

Raul Carreras Jr. Miami, FL Emilio de la Cal Stephen E. Carter Circleville, OH Barbara J Lurks Rubyen Martin Chamblesi Littleton CO lR.npk"np .Tn

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Gregory Dale Cotton X-VIX lli-LllgllCirXll, XXXJ XxXA"H"hnvLXiCXX tj.Tj^pk

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Jo Ann Dale Louisville KY )kjxxc;xShervljf X vjr.0 kjxij'Snvdervxcx Thomas M. Daley RpUpviIIp TT rxUllcx OLcpilcll CllPtO

D. Michael Dodd iVldUx ICc v^. McLain Timothy Joseph Donahue Visalia CA Jav Warren Powell Gary Dumm Cirplpvillp OH Wylene W. Dunbar Oxford M9i rrPOTCP Cochran C. Walter EbeU Kodiak, AK Robert J. Mahoney WEDNESDAY, SEPTEMBER 18, 1985 835

Applicant City and State Movant

E Paul Eggert Portland, ME Robert Edmond Mittel Carson F. Eller Tacoma, WA Nile E. Aubrey Douglas J. Engel Seattle, WA James D. Dubuar Linda F. England Irvine, OA James C. Booth John Famham Evans Coral Gables, FL Ronald B. Ravikoff W. Stanley Fambrough Birmingham, MI Boyd Ethan Chapin Jr. Gregory J. Easing Denver, CO George William Sherk Timothy L. Easing Denver, CO George William Sherk John G. Fears Norman, OK Stan L. Foster Neal TuUy Feinerman Bellevue, WA Milton Feinerman Jeffrey Stuart Feldman Livingston, NJ Lane M. Ferdinand Susan G. Ferguson San Diego, CA Jack H. Kaufman Edward Smoot Finley Jr. Raleigh, NC Henry Stancill Manning Jr. Peter Fleming Jr. New York, NY Thomas Barry Kingham Ernesto Flores Pagan Caguas, PR Angel L. Diza Palenque Steven M. Freeman New York, NY Ruti Gabriela Teitel Leo H. Friedman Lansing, MI Henry James Boynton

Faith J. Geoghegan Sacramento, CA Nathan Eugene Hill Martin H. Gerry Washington, DC Robert Taft Jr. Noble Nasser Ghafouri Beverly Hills, CA Herbert Ashley Bemhard Rudolfo Ginez Jr. Santa Ana, CA Manuel Hidalgo J. Don Gordon Sherman, TX Donald Herbert Flanary Jr. Keith Hugh Gross New York, NY Allan Fudim 836 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Jerome L. Hall Fort Lauderdale, Philip Jay Gouze FL Kevin Todd Haroff New York, NY Melinda Furche Harmon David H. Harris Jr. Goldsboro, NC Susan Marsha Perry Ken Hartfiel Rosenberg, TX Don T. Schwartz Alfred H. Hemingway Jr. New York, NY John E. Lynch John Edmund Hoag Eugene, OR Ross M. Shepard Elizabeth L. Hoop Philadelphia, PA Gregory Merrill Harvey William McC. Houston Pittsburgh, PA John P, Davis Jr. Brent C. Howard Tyler, TX Jack WilHam Flock Deborah Jeanne Hudspeth Austin, TX Leo Lawrence Sergi Raymond L. Huff Peoria, IL Nile J. WilHamson Robert Weber Hutcheson Xenia, OH J. Timothy Campbell Earl James Jacobson Chicago, IL Allen Paul Palles Robert Seebold Jaegers West Palm Beach, Joy B. Shearer FL Steven D. Jamar Arden Hills, MN J. Richard Bland Ronald E. Jenkins St. Louis, MO Frank N. Gundlach Simon B. John Uniontown, PA Charles OHver Zebley Jr. Benjamin Anderson Rock Hill, SC Robert Reid Johnson Carpenter Mary Emma Ackels Karam Dallas, TX Donald L. Case Michael C. Kelley Los Angeles, CA Stuart L. Kadison John David Kennedy North Yarmouth, Hugh Calkins ME Gerhart L. Klein Mount Laurel, NJ Ralph W. Brenner Allen Haber Kline Jr. Houston, TX David Hittner Kathryn Kolbert Philadelphis, PA Thomas Edward Zemaitis Oliver Kovacs Perth Amboy, NJ George B. Pollack WEDNESDAY, SEPTEMBER 18, 1986 837

Applicant City and State Movant

Jack L. Landau Portland, OR Dennis John Lindsay Raymond C. Lantz Jr. New Bedford, MA Ralph Kinkman Mulford III Gregory J. Lavelle Cleveland, OH Melvin S. Schwarzwald George J. Ledet Jr. Cut Off, LA Maurice J. Serpas Cheryl Marie Leppla Seattle, WA WilUam Robert Hickman Michael Robert Levine Honolulu, HI Yvonne Elisabeth Chotzen Scott P. Lewis Cambridge, MA Daniel Robert Coquillette Cynthia Pietroniro Liebling Lakewood, NJ Joseph F. Mattice Wallace W. Lien Salem, OR Robert Clyde Cannon James S. Link Los Angeles, CA Bob Thomas Hight Lorraine L. Loder Los Angeles, CA Richard A. Del Guercio Rebecca Love-Kourlis Denver, CO Charles J. Meyers Steven 0. Ludd Toledo, OH Carl N. White Bela G. Lugosi Los Angeles, CA PhiUp K. Verleger Ingrid Saethre Medzius Pittsburgh, PA Herman C. Lundberg Kimpel John A. Mann Amarillo, TX Mark W. Laney Lester John Marston Ukiah, CA Stephen Vincent Quesenberry Maria Norma Martinez Austin, TX George Joseph Korbel Nicholas R. Massaro Jr. Grand Junction, Norman R. CO Mueller Mark J. Mathis Washington, DC Lee A. Satterfield Gary W. McFarron Chicago, IL Granger Cook Jr. Joseph Leo McGlynn Jr. Philadelphia, PA Marvin Comisky Charles C. McKinley Harrington, RI John Archibald MacFadyen III Timothy T. McLaughlin Chicago, IL Gregory G. Lawton 838 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

John F. Meek Pittsburgh, PA John P. Davis Jr. William Wood Merrill San Diego, CA Garry George Mathiason Marsha Clare Metz San Antonio, TX Allan Bruce Polunsky Donald J. Meyer Clayton, MO Robert Brendan Vining Jr. David Lawrence Miller Washington, DC Fred Drasner Kathleen A. Moore Belleville, IL Amiel Stephen Cueto Peter Kerr Munson Sherman, TX Donald Herbert Flanary Jr. Melvin Samuel Nash Marietta, GA Roy David Petersen Robert B. Nicholas Washington, DC Thomas F. Railsback Daniel Joseph O'Callaghan New York, NY Timothy Andrew O'Brien III Miguel A. Olmedo Ramirez San Juan, PR Jose D. Camacho Negron Philip Barton Onderdonk Baltimore, MD Bertram George Jr. Davis Leonard Pape Los Angeles, CA Laura Goldin Dan Arthur Patterson Columbus, IN Harold Victor Jones Jr. Richard Norman Peterson Chicago,. IL Linda A. Tomaselli Thomas Pillari Bay Village, OH WilUam George Wickens Edward S. Renwick Los Angeles, CA MHo V. Olson J. Ramon Rivera-Morales San Juan, PR Jose Antonio Fuste Alan L Robbins Washington, DC C. Emerson Duncan II George T. Rogister Jr. Raleigh, NC Gwendolyn H. Gregory Robert Alan Roth New York, NY Charles Haydon Stuart M. Rudick Detroit, MI Steven M. Bernstein WEDNESDAY, SEPTEMBER 18, 1985 839

Applicant City and State Movant

Robert Collins Ryan Chicago, IL Dimitri Dennis Allegretti Stuart R. Schroeder Milwaukee, WI Edward Thomas Schilling Paul Sexton Tallahassee, FL William S. Bilenky Charles Michael Shalloway West Palm Beach, Richard L. FL Jorandby Kenneth A. Shapiro Atlanta, GA Jerry B. Blackstock Paul D. Sheehey Burlington, VT William Barton Gray Frank A. Shepherd Miami, FL R. Benjamine Reid Jerome J. Shestack Philadelphia, PA Bernard G. Segal Patricia Marie Sliney Oakland, CA Allan M. Lowe Michael A. Small Seattle, WA John Ankeny Gose Carol Anne Smoots Alexandria, VA Kevin Blake Belford Joseph C. Spero San Francisco, CA Charles Roberts Breyer Marcia Spielholz Washington, DC Joseph R. Fogarty William Jeffry Steams Modesto, CA Roger M. Beauchesne Donald S. Stein Washington, DC Daryl A. Nickel Dana Robert Stoker Fort Lauderdale, Oakley Gentry Jr. FL Dennis Michael Stroud Washington, DC Lee A. Satterfield John B. Swarbrick Jr. Indianapolis, IN David Norman Shane Terence L. Thatcher Portland, OR Judith Marie Mears James Kenneth Thomas II Harrisburg, PA Joseph Page Hafer James Grant Tucker Columbus, IN Harold Victor TT Jones Jr. John Raymond Tunheim Stillwater, MN Hubert H. Humphrey III

Laura S. Underkuffler Minneapolis, MN J. Richard Bland 840 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Derek Anthony Walker New Orleans, LA Robert Bums Fisher Jr. James Leroy Weatherly Jr. Nashville, TN Walter Cotton Kurtz Mandy Welch Hugo, OK Don Ed Payne Neil John Welch Jr. Alexandria, VA Neil J. Welch Michael Stephen Williams St. Louis, MO Amiel Stephen Cueto Ronald Aaron Wright IndianapoUs, IN Gordon P. MacDougall Janet E. Young St. Louis, MO Gary Hammond

September 11, 1985

Applicant uity ana ocate Movant

George Michael Abdella Parkersburg, WV George Edward Lantz Kevin David Allen Denver, CO Joseph Marc Epstein AUan Swen Anderson Granite Falls, MN Clarance E. Hagglund Joseph Leath Anthony Roanoke, VA John George Rocovich Jr. David C. Aspinwall Denver, CO Jerry R. Dunn Gretchen North Baker San Diego, CA Lewis H. Siiverberg Gary W. Barnard Amarillo, TX Robert Alter Wilson Emily Bass New York, NY Eric M. Lieberman Jonathan Roger Bass San Francisco, CA Charles Roberts Breyer John Henry Beers Larchmont, NY Donald Allan Derfner John H. Beisner Washington, DC WilHam T. Coleman Jr. Randall Challen Berg Jr. Miami, FL Wm. J. Sheppard WEDNESDAY, SEPTEMBER 18, 1985 841

Applicant City and State Movant

Jeffry Alan Bernstein San Francisco, CA Charles Roberts Breyer David Oliver Bickart Washington, DC Kenneth R. Feinberg Bayless E. Biles Bay Minette, AL Fred King Granade Robert Joseph Birge Cleveland, OH George C. Zucco Juanita H. Blackmon Greensboro, NC Robert Allen Jenkins Mark Giovanni Bonino Redwood City, Bruce D. Wagner CA Richard K. Books Oklahoma City, H. B. Watson Jr. OK Paul Bork Boston, MA Edward Needham Perry Benjamin Forrest Bowen Charlotte, NC Ferd Leary Davis Jr. Leonard Boxer New York, NY Donald Allan Derfner Carol S. Boyk Los Angeles, CA Stephen David Miller Barbara Hubbard Breeden Irvington, VA James Calvin Breeden Jayne Louise Buttross Gulfport, MS George Colvin Cochran David C. Campbell IndianapoKs, IN John P. Price James D. Causey Memphis, TN Arnold M. Weiss Ross E. Chapman Kalamazoo, MI James H. Geary Max Lynn Christenson Odessa, TX Royal Caswell Jeanne M. Cochran Denver, CO Thomas J. DeMarino Robert Lee Doughton Arlington, VA Kimberlee Wood Colby Colby David Roy ColUns Washington, DC Michael W. Reed Darlene Marie Connelly Washington, DC Judge Kenneth Francis Ripple F. Walter Conrad Jr. Houston, TX John Charles Held Ann Penney Coonley New Haven, CT Richard C. Hannan Jr. 842 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Juan A. Correa Suarez San Juan, PR Reina Colon de Rodriguez Susan W. Cox Statesboro, GA Charles Hilton Brown William Benjamin Creim Los Angeles, CA Edwin Beniamin Reeser III William T. D'Zurilla New Orleans, LA Walter B. Stuart IV Tyrus Vance Dahl Jr. Winston-Salem, William Fletcher NC Womble George Terrell Davis Atlanta, GA R. Dennis Withers Carol Ann DiBattiste Philadelphia, PA Kenneth R. Rengert James M. Docherty Saddle Brook, NJ Jeffrey W. Herrmann Gary E. Donahoe Phoenix, AZ Harriet C. Babbitt Joseph M. Donley Philadelphia, PA Patrick W. Kittredge Peggy O'Neill Donley Houston, TX Rene J. Mouledoux Dan Kevin Duryea Clearwater, FL James T. Russell Ewell E. Eagan Jr. New Orleans, LA Walter B. Stuart IV Joseph E. Eh-od III Greensboro, NC John Reed Johnston Jr. Eric Francis Fagan Long Beach, CA Ann Lambert Melfi Sheryl Fambrough Chamblee, GA Thomas Patrick Lenzer Kim Robert Fawcett Detroit, MI James R. Neuhard Oscar P. Fields Jr. Amarillo, TX Hiram A. Berry Harold N. Fitzkee Jr. York, PA Robert J. Wire Jr. Alice L. Gallaher Memphis, TN Arnold M. Weiss Charles David Gantt Asheville, NC Ferd Leary Davis Jr. Jay Andrew Gamier Ridgewood, NJ Peter John Connors Michael D. Gelety Fort Lauderdale, Peter D. Aiken FL . .

WEDNESDAY, SEPTEMBER 18, 1985 843

Applicant City and State Movant iViODerL vjrerrara ooston, iViA Edward Needham Perry Marcia Fieisher Gevers Dolton, iL Gerald W. Getty Anthony P. Giomo otuart, VA Fred Dempsey omitii Jr. XT ijewis iviac vjiraner Newton, lA rjiinis McCail Paul Jerome Guilliot Lafayette, LA iVlicnael u. Skinner • TT John Francis Haggerty Los Angeles, OA Anthony Saul Alperin TT Charles Hanemann Houma, LA rnllip £j. iienaerson TT David Lee Hart Uriando, r L Heskin Alexander w niLLaKer

IVicUiUIU, vyXv VV ililalli A. iviansneiu

Way lie r cLZci nciiucibuii d aCivauiiviiic, r 1j rjlllbl L/. iViUcllcr Stephen John Henry ureenviile, Stephen George

JJaVlU Iv. rllgnillall iNewport ijeacn, jiimesL d . ocnag PA dlTr jeiirey IjOuis njeini VV llllt;! pun, iVlHj J-JcWlo V . V dlldUca

1 ril/^OiT/^ I 1 v^naries w . rioinnan V^niCagO, iij iviicnaei Hj. jL/eutscn TT T£ IJ Marilyn Joyce Hohneld iViianu, r L Chesterfield xiarvey omixn jjavia xioinies nocKviiie L/enire, JLUgcIlc ZjHIlUdlloL

IN 1

T 1 TT Daniel Jon Hoops JJaiias, lA Jack Harrell

\A/VV alUlil^Q 1 ri in rr rveoecca Ann iiousLon iiiDuquerque, iMvi d Uilll iVi. XVUXLtVU W oxVl

Gregory Dorian Huffaker AiDuquerque, inivi IN icnoias d dr. IN UcUlllg PhiPflcn TTj Francis J McGarr Joseph Leo Hutcherson II Monroe, NC Joe Pearson McCollum Jr. Stuart W. Hyvonen Franklin, IN Stephen C. Bower 844 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

Emil L. lannelli Southampton, PA Donald L. Toner Dennis James Izzi Los Angeles, CA William Anthony Leeds J. Craig Jenkins Bakersfield, CA Milo V. Olson Frank E. Jenkins III Atlanta, GA Thomas Lee Murphy Lawrence D. Johnson Hamilton, MT Sam E. Haddon Ralph Stuart Johnson New Orleans, LA James A. Babst Robert Allan Jones Houston, TX Mark Collins Watler Anne Marie Peelman Kelley Philadelphia, PA Bruce W. Kauffman James L. Killion Lubbock, TX Kent Ronald Hance Steven Klugman New York, NY John Asa Rountree III Judith Ann Lanzinger Toledo, OH Robert Bradley Gosline William A. Larson Topeka, KS Donald Patterson Thomas William Lawless Nashville, TN M. Milton Sweeney R. Thomas Lay- Oklahoma City, Michael Craig OK Turpen Richard G. Lewis Port Arthur, TX Glenn R, Lewis Charles J. Lieck San Antonio, TX Morris Laveme Collins Richard John Lynch Avon, CT Bernard Francis McGovem Jr. James L. Lyons Kansas City, MO Norman 0. Sanders Gael Mahony Boston, MA Daniel A. Taylor John M. Mahota Columbus, OH Paul R. Gingher Leslie J. Mann San Francisco, CA Robert Alan Susk Denis Hugh Mark Denver, CO Joseph Marc Epstein Stuart Craig Markman Tampa, FL Dewey Frank Winkles Linus S. Masouredis San Francisco, CA Dennis Michael Eagan WEDNESDAY, SEPTEMBER 18, 1985 845

Applicant City and State Movant

Scott M. Matheson Salt Lake City, Keith E. Taylor UT Samuel A. McCloud Minneapolis, MN Joseph S. Friedberg Martin Luther McGregor Houston, TX Finis Ewing Tr Cowan Kathleen McManus Columbus, OH Joel Sanford Taylor James Keith McMillan Jr. Mullins, SC Ferd Leary Davis Jr. R. Stephen McNally Austin, TX Henry Newton BeU III Charles Bernard Mead Chehnsford, MA John Richard Sherman Michael James Mehlinger Arlington, VA Louis Rothschild Mehlinger Wayne Mello Hackensack, NJ Marvin H. Gladstone John L. Messina Tacoma, WA John Steven Glassman Jeff E. Messing Baltimore, MD John Randolph Miles Charles M. Mirotznik New York, NY Bernard Mirotznik Mary H. Mocine Oakland, CA Doris Brin Walker Janet Morgan San Francisco, CA Richard Haas Roy John Morgan Orlando, FL James Owen Cunningham John C. Morrison Washington, DC Gerald A. Malia Richard S. Muti Sparta, NJ Marvin H. Gladstone Alan S. Naar Woodbridge, NJ Robert Saul Greenbaum Gregory R. Neuhauser Harrisburg, PA Sally Alicia Lied Peter Thomas Nicholl Baltimore, MD James F. Green Bruce Nye San Francisco, CA Bernard J. Allard Robert C. Odle Jr. Alexandria, VA Ira M. Millstein Ralph Charles Ohm Little Rock, AR PhilUp J. Duncan John L. Olivier Sunset, LA Maurice E. Landrieu 846 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant

0. Stephen Paganuzzi Jr. New York, NY Robert S. Markfield Paul Joseph Pantano Jr. Washington, DC Carl Walter Schwarz Antoine Paszkiewicz Paris, France, Anthony F. Essaye Michael Anthony Pedicone Chicago, IL Michael Raymond Abramovic

/^t- • TT TT 1 X T 1 Scott Wilham Petersen Chicago, IL Herbert John Theisen Jill Lesue Price Ann Arbor, MI Bruce T. Leitman

/-^^ 1 XX TT Wilham C. Primm Santa Fe, NM Charlotte Uram Terry Michael Putnam Florence, AL Robert LesHe T^ X Potts

1 TT /»/• T Joseph F. Quinn Tacoma, WA Paul Hoffman Jr. DuVal Cravens Ravenel Columbia, SC Charles Edward Baker Roark M. Reed Dallas, TX J. Thomas Sullivan Patrick John Riley Arhngton, VA Mose Lewis III Thomas John Ring Hartford, CT Bernard Francis McGovem Jr. John E. Rochester Ashland, AL James S. Hubbard Thomas C. Roepke El Paso, TX Judge Ward Lee Koehler Paul A. Rowe Newark, NJ Robert Saul Greenbaum Charles McBrayer Sasser Morganton, NC Theodore 0. Fillette III Reed Sato Sacramento, CA Craig Chris Thompson Peter Edward Scheer Washington, DC Joseph N. Onek Stephen J. Schlegel Chicago, IL James A. Romanyak John Rick Schmidt Pontiac, MI Robert W. Can- Mark Chemey Schnitzer San Bernardino, Norman Lewis CA Hanover Alfred E. Schrader Akron, OH Judge William B. Pike WEDNESDAY, SEPTEMBER 18, 1985 847

Applicant City and State Movant

Jeffrey Schwartz New York, NY John J. Abt Susan Schwartz Los Angeles, CA Mitchell Edward Abbott Gerald Wayne Seevers Williamsport, PA Charles Fritcher Greevy III Michael B. Shapiro Chamblee, GA Thomas Patrick Lenzer Richard Eric Shaw Detroit, MI Sheldon L. Miller Michael K. Shoumaker Sheridan, WY Mark J. Murphy James Scott Sibold Atlanta, GA Randolph Wayne Pressley Robert H. Smith Chapel HiU, NC Eugene Gressman John F. Smith III Philadelphia, PA Bruce W. Kauffman Victoria Hensley Soto Atlanta, GA Michael J. Bowers Jonathan Mark Spradley Little Rock, AR Allan W. Home William Henry Stanhope Atlanta, GA R. Dennis Withers Ralph Francis Stanzione New Brunswick, David Beryl NJ Rubin Marc Richard Stein Los Angeles, CA George Slaff Charles E. Suffling Washington, DC John Keith McDonald Lawrence B. Swartz Denver, CO Thomas J. DeMarino David L. Swider Indianapohs, IN James K. Sommer Sharon L. Taylor Oklahoma City, H. B. Watson Jr. OK Charles William Thissell San Francisco, CA Frederick T. Searls Diane Elizabeth Thompson Washington, DC Neil Hall O'Donnell George L. Thompson III Lubbock, TX Kent Ronald Hance Alexander Gabriel Toth Coral Gables, FL Mark J. Wolff W. Michael Tupman Washington, DC Carolyn Beth Lamm Roland A. Turmaine Chelmsford, MA John J. Thornton Diane H. Tutt Miami, FL James E. Tribble . .

848 WEDNESDAY, SEPTEMBER 18, 1985

Applicant City and State Movant rt. iveitn Vaugndn d dCKsonviiie, rvn iviicnaei j\.ennetn Wilson wuiiani oannon waller jr. Denver, i^u Joseph Marc Epstein 1 nomas L. Walters Detroit, Mi rranK Westley Jackson III ouzanne ivicv^arroii w amer xjOuisviiie, William i nomas wamer

James Kobert Watson unarieston, w v L-ari r . otucKy jr.

JUIlaLIlail iNcdlltlcr VVayillall iycLIUll,Dckfvnif iVllMT d.T n.P WViooflotrvvnedLiey xvonaiQ o. w euster urianuo, r Li xiesKin iiiexanaer w niL taKer

Maynard H. Wemberg umana, rsr) uavid JJ. VV ClIlUcI g

Ljeorge iLawara weimaKer X icKens, oL/ iienry r . r loya v^naries jl. wniLenursL jr. uover, dhj xiaroia Kj. ocnmiLLmger Stephen Douglas Wicks Altoona, PA John Edward xioiLZmger jr.

Edward George Wiegers ot. Louis, iVLU Donald Li. jr.Tv ocnmiut ijraaiey wiLners IjOS ringeies, v^ii u^eorge d Franscell ri. Kussell Wrignt Jr. HjIK Ulty, UK iiiverett J Sweeney rnilip Keitn Yacnmetz JN ew 1 orK, IN 1 John Richard

David N. Zacks Birmingham, MI Robert S. Harrison Gerald Thomas Zerkin Richmond, VA Steven Ney (JOURNAL) MONDAY, SEPTEMBER 23, 1985 849 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-220. Louie L. Wainwright, Secretary, Florida Department of

Corrections, Applicant v. Stephen Todd Booker. The apphcation to vacate the order of the United States Court of Appeals for the Eleventh

Circuit, dated September 9, 1985, staying the execution of sentence of death, presented to Justice Powell and by him referred to the Court, is granted. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Blackmun and Justice Stevens would deny the application to vacate the stay. I (JOURNAL) WEDNESDAY, SEPTEMBER 25, 1985 851 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. 85-5466. Willie Lawrence Celestine, Petitioner v. Frank Black- bum, Warden. The application for stay of execution of the sentence of death scheduled for Saturday, September 28, 1985, 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 writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court. Justice O'Connor took no part in the consideration or decision of this application.

(JOURNAL) WEDNESDAY, OCTOBER 2, 1985 853 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A- 235. Three Mile Island Alert, Inc. Applicant v. United States , Nuclear Regulatory Commission, et al. The application to continue the stay entered on June 7, 1985 by the United States Court of Appeals for the Third Circuit presented to Justice Brennan and by him referred to the Court is denied. Justice Brennan would continue the stay pending the timely fiUng and disposition of a petition for writ of certiorari.