text:
    No. 77-128.
    Dupuy v. Dupuy.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice White,

dissenting.

This case concerns the standard of care required of plaintiffs seeking to recover damages for violations of § 10 (b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5. In the wake of this Court’s decision in Ernst & Ernst v. Hochfelder, 425 U. S. 185 (1976), the Courts of Appeals have reached differing conclusions as to the degree of diligence appropriately required. The court below held that because Ernst & Ernst had imposed on defendants a standard not stricter than nonrecklessness, a plaintiff would not be barred from recovery unless he had been reckless. 551 F. 2d 1005. Similarly, the Tenth and Seventh Circuits have held that, after Ernst & Ernst, the contributory fault of the plaintiff would bar recovery only if it constituted “gross conduct somewhat comparable to that of defendant.” Holdsworth v. Strong, 545 F. 2d 687, 693 (CA10 1976), cert. denied, 430 U. S. 955 (1977); Sundstrand Corp. v. Sun Chemical Corp., 553 F. 2d 1033, 1048 (CA7), cert. denied, ante, p, 875. Also, the Third Circuit now “require [s] only that the plaintiff act reasonably” and has shifted to the defendant the burden of proving the plaintiff’s unreasonable conduct. Straub v. Vaisman & Co., 540 F. 2d 591, 598 (1976). The Second Circuit, however, appears to adhere to the view that the plaintiff must demonstrate due diligence in discovering important information. Hirsch v. Du Pont, 553 F. 2d 750, 762-763 (1977); accord, NBI Mortgage Investment Corp. v. Chemical Bank, 75 Civ. 3411 (SDNY May 24, 1977) (“the standard of due diligence is still viable and accepted in this circuit”).

The Court should take this opportunity to clarify the standard of care expected of plaintiffs in litigation under Rule 10b-5. Business can be transacted more freely and efficiently if the responsibility for verifying underlying facts is clearly allocated. Because securities litigation can be complex and expensive, it shoud be avoided to the maximum extent by early clarification of the ground rules. This Court should thus promptly resolve the existing uncertainty as to' the proper standard of care required of plaintiffs after Ernst & Ernst. Accordingly, I dissent from the denial of certiorari in this case.


source: Caselaw Access Project

license: Public Domain

text:
    No. 77-348.
    Tracy v. Golston et al.
   Certiorari before judgment to C. A. 9th Cir. and other relief denied.


text:
      No. 77-5257.
    Rust v. Nebraska; and Holtan v. Nebraska.
   Sup. Ct. Neb. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Marshall

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
    October 20, 1977
    No. A-278 (77-452).
    No. A-280 (77-457).
    No. A-319 (77-551).
    Mobil Alaska Pipeline Co. v. United States et al.; Exxon Pipeline Co. v. United States et al.; and BP Pipelines, Inc. v. United States et al.
   C. A. 5th Cir. The applications for stay, presented to Mr. Justice Powell, and by him referred to the Court, are granted. The order of the Interstate Commerce Commission, served June 28, 1977, in its Investigation and Suspension Docket No. 9164, Trans Alaska Pipeline System (Rate Filings), is hereby stayed pending final disposition of the petitions for certiorari by this Court. The stays are conditioned upon applicants-petitioners’ agreement to keep' account of the amounts collected under the proposed rates, as that term is used in the order in this matter issued by the Interstate Commerce Commission on June 28, 1977, and their agreement to refund any portion of the amounts collected under such rates by virtue of the stay which it is ultimately determined that they were not lawfully entitled to collect. The parties shall submit a proposed order embodying this undertaking to the Clerk of this Court within five days.

Mr. Justice Stewart and Mr. Justice Powell took no part in the consideration or decision of this order.


text:
    October 31, 1977
    No. 77-259.
    Lee Pharmaceuticals v. United States District Court for the Central District of California (Den-Mat, Inc., et al., Real Parties in Interest).
   C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 60.


text:
    No. 76-1855.
    Spencer Press, Inc. v. Kurtz, Commissioner of Internal Revenue.
   Affirmed on appeal from D. C. Mass.

Mr. Justice Stevens took no part in the consideration or decision of this case.


text:
    No. 76-6870.
    Schneider et al. v. McNutt, Director, Department of Social and Health Services, et al.
   Affirmed on appeal from D. C. W. D. Wash.


text:
    No. 76-1809.
    Scott v. Benn et al.
   Appeal from Sup. Ct. Va. dismissed for want of substantial federal question.


text:
    No. 77-395.
    Bullion v. City of Philadelphia.
   Appeal from Pa. Commw. Ct. dismissed for want of substantial federal question.


text:
    No. 77-5009.
    Hall v. Hall.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 77-5055.
    D. v. Juvenile Department of Multnomah County.
   Appeal from Ct. App. Ore. dismissed for want of substantial federal question.


text:
    No. 77-18.
    Osceola v. Kuykendall et al.
   Appeal from D. C. D. C. dismissed for want of jurisdiction. Mr. Justice Stewart, Mr. Justice White, Mr. Justice Powell, and Mr. Justice Rehnquist concur. See MTM, Inc. v. Baxley, 420. U. S. 799 (1975), and Gonzalez v. Automatic Employees Credit Union, 419 U. S. 90 (1974).

The Chief Justice, Mr. Justice Brennan, and Mr. Justice Stevens would affirm the judgment.


text:
    No. 77-359.
    FLR Corp. v. Blodgett, Trustee, et al.
   Appeal from Ct. Civ. App. Tex., 8th Sup. Jud. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


author: Mr. Justice Blackmun,

text:
    No. 76-1834.
    Klein, Director, Department of Health and Welfare of Idaho, et al. v. Doe et al.
   Appeal from D. C. Idaho. Motion of appellees for leave to proceed in forma pauperis granted. Judgment vacated and case remanded for further consideration in light of Beal v. Doe, 432 U. S. 438 (1977), and Maher v. Roe, 432 U. S. 464 (1977).

Mr. Justice Blackmun,

with whom Mr. Justice Brennan and Mr. Justice Marshall join.

The opinion and judgment of the three-judge District Court in this case were both filed prior to this Court’s pronouncements on June 20, 1977, in Beal v. Doe, 432 U. S. 438, and Maher v. Roe, 432 U. S. 464, and so the District Court did not have the benefit of those decisions. Being bound by Beal and Maher, although not at all persuaded or agreeing with them, I am compelled to go along with the Court’s order today in the present case.

Inasmuch, however, as the Idaho statute under challenge, 1976 Idaho Sess. Laws, ch. 339, § 3, denies the use of funds for an abortion “unless it is the recommendation of two (2) consulting physicians that an abortion is necessary to save the life or health of the mother . . . ,” it seems to me that what this Court said and held in Doe v. Bolton, 410 U. S. 179, 198-200 (1973), about this type of statutory provision is most pertinent. I therefore trust that the District Court, on remand, will examine the Idaho statute in the light of this particular aspect of Doe v. Bolton.

I note also that the challenged 1976 Idaho statute was an appropriation Act applicable only to the fiscal year ended June 30, 1977. The appellees’ Motion to Dismiss and/or Affirm in Part asserts, at 4, that the statute “expired by law on June 30, 1977, but was immediately replaced by a permanent codified change to Idaho law (Idaho Code § 56-209c) enacted by the 1977 Idaho Legislature.” The new statute is 1977 Idaho Sess. Laws, ch. 321. What effect, if any, all this may have upon the continued vitality of this litigation is something the District Court may also wish to consider on remand.


text:
    No. 77-69.
    Panora, Registrar of Motor Vehicles of Massachusetts v. Montrym.
   Appeal from D. C. Mass. Judgment vacated and case remanded for further consideration in light of Dixon v. Love, 431 U. S. 105 (1977).


text:
    No. 77-336.
    Delta Air Lines, Inc. v. McBride.
   C. A. 6th Cir. Motion of respondent for leave to proceed in joma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of East Texas Motor Freight System, Inc. v. Rodrigues, 431 U. S. 395 (1977).


text:
    No. A-331.
    Means v. South Dakota.
   Order heretofore entered on October 14, 1977 [ante, p. 898], vacated and application for stay of order of the Supreme Court of South Dakota, dated September 9, 1977, denied.

Mr. Justice Blackmun, joined by Mr. Justice Brennan and Mr. Justice Marshall, being concerned about First Amendment implications of the vacation of the stay, dissents and would continue stay pending plenary consideration of South Dakota Supreme Court's revocation of applicant's bail.


text:
    No. D-45.
    In re Disbarment of Mitchell.
    [For earlier order, see 420 U. S. 1001.]
   Disbarment entered.


text:
    No. D-48.
    In re Disbarment of Ehrlichman.
    [For earlier order, see 421 U. S. 905.]
   Disbarment entered.


text:
    No. 74,
    Orig.
    Georgia v. South Carolina.
   Motion for leave to file bill of complaint granted and defendant shall have 60 days to answer.


text:
    No. 75-1870.
    No. 75-1872.
    E. I. du Pont de Nemours & Co. v. Collins et al.; and Securities and Exchange Commission v. Collins et al.,
   432 U. S. 46. Motion to retax costs denied.

Mr. Justice Rehnquist took no part in the consideration or decision of this motion.


text:
    No. 76-749.
    Pfizer Inc. et al. v. Government of India et al.
   C. A. 8th Cir. [Certiorari granted, 430 U. S. 964.] Motion of Federal Republic of Germany for leave to participate in oral argument as amicus curiae denied.

Mr. Justice Blackmun took no part in the consideration or decision of this motion.


text:
    No. 76-938.
    Federal Maritime Commission et al. v. Pacific Maritime Assn. et al.
   C. A. D. C. Cir. [Certiorari granted, 430 U. S. 905.] Motion of respondents for divided argument granted.


text:
    No. 76-944.
    Nixon v. Warner Communications, Inc., et al.
   C. A. D. C. Cir. [Certiorari granted, 430 U. S. 944.] Motion of respondents for divided argument granted.


text:
    No. 76-1168.
    Arizona et al. v. Washington.
   C. A. 9th Cir. [Certiorari granted, 430 U. S. 965.] Motion of respondent for appointment of counsel granted, and it is ordered that Ed Bolding, Esquire, of Tucson, Ariz., be appointed to serve as counsel for respondent in this case.


text:
    No. 76-1114.
    No. 76-1133.
    No. 76-1587.
    California et al. v. Southland Royalty Co. et al.; El Paso Natural Gas Co. v. Southland Royalty Co. et al.; and Federal Power Commission v. Southland Royalty Co. et al.
   C. A. 5th Cir. [Certiorari granted, 433 U. S. 907.] Motion of Federal Power Commission for additional time for oral argument granted and 15 additional minutes allotted for that purpose. Respondents also allotted 15 additional minutes for oral argument.

Mr. Justice Stewart and Mr. Justice Powell took no part in the consideration or decision of this motion.


text:
    No. 76-1310.
    Houchins, Sheriff v. KQED, Inc., et al.
   C. A. 9th Cir. [Certiorari granted, 431 U. S. 928.] Motion of Reporters Committee for Freedom of the Press Legal Defense & Research Fund et al. for leave to file a brief as amici curiae denied.

Mr. Justice Marshall took no part in the consideration or decision of this motion.


text:
    No. 76-1596.
    United States v. Mauro et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 816.] Motion of respondent Mauro for leave to proceed further herein in forma pau-peris granted.


text:
    No. 76-1800.
    United States v. Sotelo et ux.
   C. A. 7th Cir. [Certiorari granted, ante, p. 816.] Motion of petitioner for leave to dispense with printing appendix granted.


text:
    No. 76-6942.
    Lakeside v. Oregon.
   Sup. Ct. Ore. [Certiorari granted, ante, p. 889.] Motion of petitioner for appointment of counsel granted, and it is ordered that Phillip M. Margolin, Esquire, of Portland, Ore., be appointed to serve as counsel for petitioner in this case.


text:
    No. 77-5521.
    Jones v. McCarthy, Men's Colony Superintendent, et al.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 77-216.
    Tomko v. Teitelbaum, U. S. District Judge.
   Motion for leave to file petition for writ of prohibition and/or mandamus denied.


text:
    No. 77-324.
    Hicklin et al. v. Orbeck, Commissioner, Department of Labor of Alaska, et al.
   Appeal from Sup. Ct. Alaska. Probable jurisdiction noted.


text:
    No. 77-39.
    Pinkus, dba Rosslyn News Co., et al. v. United States.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 77-240.
    St. Paul Fire & Marine Insurance Co. et al. v. Barry et al.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 77-335.
    Oppenheimer Fund, Inc., et al. v. Sanders et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 76-1789.
    Rucker v. Bell, Attorney General, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-1822.
    No. 76-1859.
    Madonna v. United States; and Larca v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 556 F. 2d 562.


text:
    No. 76-6801.
    Hoover v. Smith, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-6830.
    Law v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 76-6961.
    Dudley v. Fogg, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-6987.
    Smith v. New York.
   App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. Certiorari denied.


text:
    No. 76-6989.
    Huckaby v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 77-30.
    Stich v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-74.
    Cofer et al. v. Dann, Commissioner of Patents and Trademarks.
   C. C. P. A. Certiorari denied.


text:
    No. 77-94.
    M & H Produce Co., Inc. v. Bergland, Secretary of Agriculture, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-146.
    Nekoosa Papers, Inc. v. Equal Employment Opportunity Commission et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-162.
    Weitzel v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-176.
    Mineral Ventures, Ltd. v. Andrus, Secretary of the Interior.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-182.
    Hart v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-187.
    Kallir, Philips, Ross, Inc. v. Equal Employment Opportunity Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-190.
    Aguilar et al. v. Bell, Attorney General, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-193.
    Adcock v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-194.
    Vespe v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-200.
    Kaye v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-215.
    New York v. Abruzzi.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-221.
    Phillips Petroleum Co. v. Ashland Oil, Inc., et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-222.
    Christovao, dba Mercantum Trading Co. v. Unisul-Uniao De Coop. Transf. De Tomate Do Sul Do Tejo, S. C. R. L., et al.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 77-225.
    Mandel et al. v. Alexander, Secretary of the Army, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-229.
    Pace v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-264.
    Brown v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-265.
    Higginbottom v. Blumenthal, Secretary of the Treasury.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-272.
    Puget Sound Truck Lines, Inc. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-274.
    Timberland Packing Corp. v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-283.
    International Longshoremen’s & Warehousemen’s Union, Local No. 13 v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-284.
    Sheikowitz v. Board of Regents of the University of New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 77-286.
    United States v. McGarry et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-327.
    Shott v. Startzman, Clerk, Supreme Court of Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 77-328.
    Trafficante v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-331.
    Mills v. Electric Auto-Lite Co. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-339.
    Reed, Administratrix, et al. v. Wiser et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-340.
    Bolte et al. v. Siders et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 77-341.
    Perati v. Battaion et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 77-342.
    Orkin et al. v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 77-350.
    O'Brien v. Dutchie, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-353.
    Cogdell v. Cogdell et al.
   Ct. Civ. App. Tex., 11th Sup. Jud. Dist. Certiorari denied.


text:
    No. 77-354.
    Quinn v. Dondlinger & Sons Construction Co., Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-356.
    Call Carl, Inc., et al. v. BP Oil Corp. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-358.
    No. 77-376.
    National Maritime Union of America, AFL-CIO v. Commerce Tankers Corp. et al.; and Commerce Tankers Corp. et al. v. National Maritime Union of America, AFL-CIO.
   C. A. 2d Cir. Certiorari denied. Reported below: 553 F. 2d 793.


text:
    No. 77-362.
    Robinson v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 77-366.
    Blinder Robinson & Co., Inc. v. Halpert Oberst & Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-367.
    Ford Motor Co. v. Rea et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-370.
    Kenny et al. v. City of Philadelphia; and MacDonald et al. v. City of Philadelphia.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 77-377.
    New Jersey Manufacturers Insurance Co. v. Motor Club Fire & Casualty Co. et al.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 77-374.
    Sloan v. Bonime et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-378.
    Bank of New Jersey v. Northwestern National Insurance Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-379.
    Furr v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 77-384.
    Taterka v. Wisconsin Telephone Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-387.
    Williams et al. v. City of Chicago et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-389.
    Person v. Association of the Bar of the City of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-403.
    Amalgamated Development Co., Inc., et al. v. Committee on Unauthorized Practice, District of Columbia Court of Appeals.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-409.
    Goodwin v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 77-411.
    Bennett et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-415.
    Salyers v. Board of Governors of State Colleges and Universities of Illinois et al.
   Cir. Ct., Coles County, Ill. Certiorari denied.


text:
    No. 77-437.
    Martinez et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-441.
    No. 77-442.
    Dick v. United States; and Dick v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-461.
    Diggs v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-462.
    No. 77-463.
    King v. United States; and Boucher v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 560 F. 2d 122.


text:
    No. 77-469.
    Rocco Ferrera & Co. v. Morrison, Trustee in Bankruptcy.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5002.
    Hrynkow v. Butler, Chairman, Board of Probation and Parole of Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5004.
    Salyer v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 77-5011.
    Dorris et al. v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 77-5018.
    Velasquez v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5025.
    Morgan v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5029.
    Hughes v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-5031.
    No. 77-5033.
    Williamson v. United States; and Mitchell v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 556 F. 2d 371.


text:
    No. 77-5034.
    Pote v. Illinois.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5046.
    Cooper v. Maryland.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5065.
    Evers v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5070.
    Leal v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5074.
    Ford v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5097.
    Sheffey v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5101.
    Gonzalez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5118.
    Pederson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5120.
    Gray v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5124.
    McCray v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5134.
    Craft v. Board of Pardons and Paroles of Texas et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5165.
    Jumper v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5187.
    Hargon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5190.
    Ramirez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5193.
    Finch v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5205.
    Montgomery v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5220.
    DuBray v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5231.
    Wade v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5233.
    Harris et al. v. Harris, Secretary of Housing and Urban Development, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5236.
    Mize v. United States District Court for the District of Arizona.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5246.
    Watson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-5248.
    Boyd v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5263.
    Massengale v. United States District Court for the Eastern District of Kentucky.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5274.
    DiMaio v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5308.
    McBride v. Delta Air Lines, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5361.
    Morgan v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-5365.
    Rodriguez v. Finkbeiner et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5367.
    Brogan v. Department of Labor of Nebraska et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5368.
    Massey v. Hutto, Correction Commissioner.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5376.
    Rodgers v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 77-5383.
    Eldridge v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 77-5386.
    Williams v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 77-5391.
    Corbo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5392.
    Enriquez v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5394.
    Biondo v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5395.
    Tyler v. Stanton; and Hogan v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5398.
    Scott v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-5401.
    Greenfield v. Gunn.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5405.
    May v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 77-5407.
    Greene v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 77-5408.
    Banks v. Redevelopment Authority of the City of Philadelphia et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5409.
    Patterson et al. v. Leeke et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5412.
    Gordon v. Arkansas.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 77-5413.
    Manville v. Egeler, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5416.
    Condo v. Vindicator Printing Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5417.
    Brown v. Maggio, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5420.
    Hoffman v. Buoninfante.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5425.
    Mobley v. Ristaino.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5437.
    Morello v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5446.
    Mungo v. LaVallee, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5453.
    Goldbach v. California Supreme Court et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5457.
    Wise v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5462.
    Davis v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5471.
    Porebski v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5485.
    Hessbrook v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5486.
    Hicks v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5491.
    Stavredes v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5496.
    Herzberg et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5523.
    Sanfardino v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5527.
    Washington v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 76-1755.
    Hollenbach, Judge v. Haycraft et al.
   C. A. 6th Cir. Certiorari denied. Mr. Justice Powell would grant certiorari, vacate judgment, and remand case for further consideration in light of Dayton Board of Education v. Brinkman, 433 U. S. 406 (1977).

Mr. Justice White took no part in the consideration or decision of this petition.


text:
    No. 76-1796.
    Ottoboni et al. v. United States.
   C. A. 9th Cir. Motion of California Indian Legal Services for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 76-1848.
    Tribune Publishing Co. et al. v. Caldero.
   Sup. Ct. Idaho. Certiorari denied. Mr. Justice Marshall would grant certiorari.


text:
    No. 77-5042.
    Prude v. Illinois.
   Sup. Ct. Ill. Certiorari denied.

Mr. Justice Marshall would grant certiorari.


text:
    No. 77-227.
    Philip Morris, Inc. v. Secretary of the Treasury of Puerto Rico.
   Sup. Ct. P. R. Certiorari denied.

Mr. Justice Powell took no part in the consideration or decision of this petition.


author: Mr. Justice Marshall,

text:
    No. 77-301.
    Lewis et al. v. Hyland et al.
   C. A. 3d Cir. Certiorari denied.

Mr. Justice Marshall,

with whom Mr. Justice Brennan joins,

dissenting.

I dissent from the denial of the petition for certiorari.

Petitioners sought relief under 42 U. S. C. § 1983 on behalf of a class of persons who travel on the public highways and toll roads of New Jersey and who, it was alleged, have been subjected to a “pattern and practice" of unreasonable stops and searches by the New Jersey State Police. Petitioners’ complaint further defined a subclass of “long-haired highway travelers,” who allegedly have been subjected to illegal stops and searches solely because of their “highly individualized personal appearance.” The Court of Appeals found the complaint sufficient to survive a motion to dismiss, Lewis v. Kugler, 446 F. 2d 1343 (CA3 1971), and petitioners then had an opportunity to prove their case against respondents, the Attorney General of New Jersey, the Superintendent of State Police, 14 named state police troopers, and a class of unnamed troopers.

At trial, according to the Court of Appeals, petitioners “substantiated (and, indeed, augmented) their initial allegations.” 554 F. 2d 93, 94 (CA3 1977). The court summarized “[t]he district court’s extensive findings of fact” as “reveal [ing] what can only be described as callous indifference by the New Jersey State Police for the rights of citizens using New Jersey roads.” Ibid. In the view of the Court of Appeals, petitioners would clearly have been entitled to injunc-tive relief, “in light of [their] demonstration of numerous violations of their constitutional rights,” were it not for this Court’s ruling in Rizzo v. Goode, 423 U. S. 362 (1976). 554 F. 2d, at 95.

Any lower court decision that reads a single opinion of this Court as effectuating a sharp change in the law deserves careful scrutiny before certiorari is denied, at least when the opinion does not claim to be making any such change. When the lower court’s reading of our opinion results in the denial of relief to a large class of persons whose federal constitutional rights were repeatedly violated — as established by substantial evidence credited by the finder of fact, following the expenditure of many hours of judges’ and litigants’ time — a strong case is established for the granting of certiorari. When the opinion of this Court that is the sole cause of the denial of relief is grounded in particular facts and contains alternative rationales, the case for granting certiorari becomes compelling.

I joined my Brother Blackmtjn’s dissenting opinion in Rizzo v. Goode, supra, and continue to believe that the case was wrongly decided. One can accept Rizzo, however, and yet view it as only one step in, rather than the end of, this Court’s continuing effort to define the contours of § 1983 suits against public officials who, with varying degrees of personal participation, have allowed the violation of citizens’ rights by subordinate employees. Certainly the lower courts have not found in Rizzo any unambiguous signal; to the contrary, they have given the opinion varying interpretations that suggest the need for guidance from this Court.

On its facts, moreover, this case is quite different from Rizzo. There, the extent of the defendant officials’ knowledge of their subordinates’ unconstitutional actions was uncertain; plaintiffs apparently proceeded on the theory that the officials had a duty to act to correct a statistical pattern of abuse, regardless of their knowledge of the pattern. See 423 U. S., at 376. Here, petitioners’ evidence established that complaints about illegal searches were made to state police officials. The officials were, in the words of the Court of Appeals, “insensitiv[e],” “obliviou[s],” and “indifferen[t]” to these complaints. 554 F. 2d, at 101. A failure to act in the face of knowledge of subordinates’ illegal actions is surely different from a failure to correct a statistical pattern of which one is not aware. Cf. Estelle v. Gamble, 429 U. S. 97, 104-106 (1976) (distinguishing, for Eighth Amendment purposes, between “deliberate indifference” to prisoners’ medical needs and accidental failure to provide adequate care).

There is thus a closer nexus here between the inaction of responsible officials and the violations of rights by subordinates than there was in Rizzo. In addition, the plaintiff class is narrower here, named defendants have engaged in deliberate wrongdoing, and the injunctive relief sought is far less intrusive in terms of judicial interference with police operations. Certiorari should be granted in this case to clarify the scope of the Rizzo decision.

       See, e. g., Duchesne v. Sugarman, 566 F. 2d 817 (CA2 1977); Youakim v. Miller, 562 F. 2d 483, 491 (CA7 1977); Washington Mobilization Committee v. Cullinane, 184 U. S. App. D. C. 215, 566 F. 2d 107 (1977) (statements by Bazelon, C. J., and Leventhal, J., as to reasons for voting to deny rehearing en banc); Butler v. Cooper, 554 F. 2d 645, 647-648 (CA4 1977); id., at 649-650 (dissenting opinion); Welsch v. Likins, 550 F. 2d 1122, 1131-1132 (CA8 1977); Kite v. Kelley, 546 F. 2d 334, 336-337 (CA10 1976); Illinois Migrant Council v. Pilliod, 540 F. 2d 1062, 1067-1068 (CA7 1976), modified in part on rehearing en banc, 548 F. 2d 715 (1977); 540 F. 2d, at 1072-1073 (dissenting opinion); Sims v. Adams, 537 F. 2d 829, 832 (CA5 1976); Shifrin v. Wilson, 412 F. Supp. 1282, 1301-1302, n. 22 (DC 1976).

       The class of New Jersey highway travelers and the subclass of long-haired highway travelers, though large and undifferentiated, nevertheless have more plainly identical interests with regard to police illegality than did the classes of all Philadelphia residents and all minority citizens that were certified in Rizzo v. Goode, see 423 U. S., at 366-367. Petitioners point out, moreover, that the plaintiff classes in Rizzo were coextensive with the city’s electorate and thus had recourse to the political process to remedy official tolerance of abuse of civil rights, a factor that may have made the need for federal-court intervention appear less compelling. In the instant case, by contrast, many members of the class and subclass are interstate travelers who are merely driving through New Jersey and have no opportunity to correct official indifference through the State’s political process.

       In Rizzo the policemen who were found to have violated constitutional rights were not named as defendants, a factor twice emphasized by the Court. See 423 U. S., at 371, 375. The only named defendants were supervisory officials. Id.., at 364-365, n. 1. Here the defendants included the individual troopers who had committed illegal acts, as well as a class of unnamed troopers who had participated in the illegality. See 554 F. 2d, at 95 n,. 3. The presence of the supervisory defendants in this case may thus have been for the purpose of shaping an effective remedy. Cf. Hills v. Gautreaux, 425 U. S. 284, 297 (1976) (once violation of rights is established, court of equity has broad power in fashioning remedy).

       The injunction in Rizzo “significantly revis[ed] the internal procedures of the Philadelphia police department." 423 U. S., at 379. Petitioners here, by contrast, would be content with “[a] simple notification from superiors to subordinates that they [may] not constitutionally stop and search vehicles solely because of the personal appearance of the occupants.” Pet. for Cert. 23.


text:
    No. 77-332.
    F. Eberstadt & Co., Inc., et al. v. Tannenbaum et al.
   C. A. 2d Cir. Motion of Investment Company Institute for leave to file a brief as amicus curiae granted. Certiorari denied.

Mr. Justice Powell would grant certio-rari.


text:
    No. 77-401.
    International Brotherhood of Electrical Workers, Local 922, et al. v. Staten Island Rapid Transit Operating Authority.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.

Mr. Justice Brennan would grant certiorari.


text:
    No. 77-5019.
    Perez v. United States.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice Stewart would grant certiorari.


text:
    No. 77-5026.
    No. 77-5305.
    No. 77-5355.
    No. 77-5464.
    Witt v. Florida. Burns v. Texas. Shippy v. Texas. Pryor v. Georgia.
   Sup. Ct. Fla.;

Ct. Crim. App. Tex.;

Ct. Crim. App. Tex.; and

Sup. Ct. Ga. Certio-rari denied. Reported below: No. 77-5026, 342 So. 2d 497; No. 77-5305, 556 S. W. 2d 270; No. 77-5355, 556 S. W. 2d 246 ; No. 77-5464, 238 Ga. 698, 234 S. E. 2d 918.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
    No. 77-5207.
    King v. United States.
   C. A. 9th Cir. Motions of Russo et al. for leave to join in petition and certiorari denied.


text:
    No. 76-6771.
    No. 77-5216.
    Dixon v. Thompson, Warden, Townsley v. Board of Port Commissioners, Port of Oakland,
   ante, p. 843; and

ante, p. 807. Petitions for rehearing denied.


text:
    No. 76-6616.
    No. 76-6998.
    Bradington v. International Business Machines Corp., Mason et al. v. Callaway et al.,
   431 U. S. 974; and

ante, p. 877. Petitions for rehearing denied.

Mr. Justice Black-mun took no part in the consideration or decision of these petitions.


text:
    November 2, 1977
    No. A-396 (77-529).
    Wise, Mayor of Dallas, et al. v. Lipscomb et al.
   C. A. 5th Cir. Application for injunction, presented to Mr. Justice Powell, and by him referred to the Court, denied.

Mr. Justice Brennan took no part in the consideration or decision of this application.


text:
    November 7, 1977
    No. 76-1644.
    Gunn, Warden v. Poulin.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Wainwright v. Sykes, 433 U. S. 72 (1977).


text:
    No. A-222.
    Mecom v. United States.
   C. A. 5th Cir. Application for reduction of bail, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. A-302 (77-5353).
    Mincey v. Arizona.
   Application for stay of the mandate of the Supreme Court of Arizona, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. A-328 (77-5431).
    Tyler v. Dyer, Clerk, Circuit Court of Platte County.
   C. A. 8th Cir. Application for stay of state court proceedings, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. A-332.
    Gilbert et al. v. Leighton, U. S. District Judge, et al.
   C. A. 7th Cir. Application for stay of injunction, presented to Mr. Justice White, and by him referred to the Court, denied.


text:
    No. A-352 (77-526).
    Chitty v. United States; and Postal v. United States.
   C. A. 5th Cir. Application for bail, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. D-121.
    In re Disbarment of Skontos.
   It is ordered that George John Skontos, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 76-1596.
    United States v. Mauro et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 816.] Motion for appointment of counsel granted, and it is ordered that Kevin Ross, Esquire, of Kew Gardens, N. Y., be appointed to serve as counsel for respondents in this case.


text:
    No. 76-1767.
    National Society of Professional Engineers v. United States.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 815.] Motion of petitioner for leave to file the Court of Appeals appendix in lieu of an appendix as prescribed by this Court's Rule 39 granted.


text:
    No. 76-6860.
    No. 77-5436.
    Gutierrez v. Singleton, U. S. District Judge; and Holsey v. Haynsworth, U. S. Circuit Judge.
   Motions for leave to file petitions for writs of mandamus denied.


text:
    No. 77-262.
    No. 77-375.
    Duke Power Co. v. Carolina Environmental Study Group, Inc., et al.; and United States Nuclear Regulatory Commission et al. v. Carolina Environmental Study Group, Inc., et al.
   Appeals from D. C. W. D. N. C. Motions of Pacific Legal Foundation and Southeastern Legal Foundation for leave to file briefs as amici curiae granted. Probable .jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 431 F. Supp. 203.


text:
    No. 76-1843.
    Ollestead et al. v. Native Village of Tyonek.
   Sup. Ct. Alaska. Certiorari denied.


text:
    No. 76-6956.
    Burse v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-6982.
    Brickhouse v. Zahradnick, Penitentiary Superintendent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-54.
    Beasley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-96.
    No. 77-204.
    British American Commodity Options Corp. et al. v. Bagley, Chairman, Commodity Futures Trading Commission, et al.; and National Association of Commodity Option Dealers et al. v. Commodity Futures Trading Commission et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 552 F. 2d 482.


text:
    No. 77-192.
    Stebbins v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-244.
    Lee Pharmaceuticals v. Den-Mat, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-254.
    Discount Co., Inc. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-278.
    No. 77-281.
    No. 77-282.
    Champion International Corp. v. United States; Young & Morgan, Inc., et al. v. United States; and Freres Lumber Co., Inc., et al. v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 557 F. 2d 1270.


text:
    No. 77-257.
    Bergen v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-300.
    Kananen v. Califano, Secretary of Health, Education, and Welfare.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 77-310.
    Smith, Treasurer of Illinois, et al. v. Snow et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-313.
    Mason et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-363.
    City of Miami Beach v. Jacobs, dba Park Apartment Hotel, et al.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 77-385.
    Davis v. Davis.
   Ct. App. Md. Certiorari denied.


text:
    No. 77-386.
    Flannigan v. Bailar, Postmaster General of the United States, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-394.
    Manson, Corrections Commissioner v. Moynahan.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-398.
    Fortuna Corp. v. Wilkerson.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-402.
    Ferguson v. Board of Trustees of Bonner County School District No. 82 et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 77-407.
    Diaz v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-423.
    Berry et al., Judges v. Judiciary Commission of Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 77-426.
    In re Wuliger.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 77-465.
    Ketchum et al. v. Green et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-507.
    Bruno v. Kalmich.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-511.
    Beneky v. Waterfront Commission of New York Harbor.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5020.
    Bias v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 77-5022.
    Paul v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5036.
    Scholle v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5049.
    Wallace v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5057.
    Jackson v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5112.
    Gibson v. Missouri.
   Ct. App. Mo., Kansas City Dist. Certiorari denied.


text:
    No. 77-5140.
    Hudson v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 77-5142.
    Proctor v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5152.
    Simpson v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 77-5166.
    Clark v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5179.
    Toon v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-5237.
    Jackson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5255.
    Papini v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5273.
    Trammell v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5293.
    Hartford v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5322.
    Bamond v. Solicitor General of the United States et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5323.
    Brinkley v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5335.
    Vickers v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5339.
    Wade v. Shell, U. S. District Judge.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5429.
    Mayo v. Bombard, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5430.
    Sherman v. Safeway Stores, Inc., et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5432.
    Richardson v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 77-5434.
    Green v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5435.
    Doak, aka McDonald v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-5438.
    Crum v. Walter H. Bryan, Inc., et al.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 77-5442.
    Rozell v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5444.
    Saloukas v. Codd, Police Commissioner of the City of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5451.
    Bottos v. Ruman et al.
   Ct. App. Ind. Certiorari denied.


text:
    No. 77-5463.
    Holsey v. Maryland Court of Appeals.
   Ct. App. Md. Certiorari denied.


text:
    No. 77-5487.
    Raysor v. Wolf & Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5498.
    Stuart v. Arkansas.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5500.
    Gray v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5517.
    Doherty v. Outagamie Bank.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5528.
    Hightower v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5530.
    Walker v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5531.
    Anderson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5537.
    Johnson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-258.
    Jago, Correctional Superintendent v. Papp.
   C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-382.
    Beal, Secretary, Department of Public Welfare of Pennsylvania, et al. v. Vecchione et al.
   C. A. 3d Cir. Motion of respondents Ragone et al. for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-290.
    Cole v. United States.
   Ct. Cl. Motion to proceed as a veteran granted. Certiorari denied.


text:
    No. 77-414.
    Cape Publications, Inc., et al. v. Adams.
   Dist. Ct. App. Fla., 4th Dist. Motion of American Newspaper Publishers Assn, for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 77-433.
    Howell v. Dallas Bar Assn. et al.
   C. A. 5th Cir. Motion for consideration with No. 76-1750, Stump v. Sparkman [certiorari granted, ante, p. 815], and certiorari denied.


text:
    No. 76-6593.
    No. 76-6939.
    No. 76-6967.
    No. 77-5053.
    No. 77-5283.
    Clark v. United States, Guzman v. Jones et al., Shaw et al. v. Merritt-Chapman & Scott Corp. et al., Shaw v. Thompson, Warden, Theriault et al. v. Silber et al.,
   ante, p. 839;

ante, p. 813;

ante, p. 852;

ante, p. 864; and

ante, p. 871. Petitions for rehearing denied.


text:
    No. 77-131.
    No. 77-223.
    No. 77-235.
    No. 77-236.
    No. 77-239.
    Delaware State Board of Education et al. v. Evans et al.; Claymont School District et al. v. Evans et al.; Newark School District v. Evans et al.; New Castle-Gunning Bedford School District v. Evans et al.; and Marshallton-McKean School District v. Evans et al.,
   ante, p. 880. Petition for rehearing denied.

Mr. Justice Marshall and Mr. Justice Stevens took no part in the consideration or decision of this petition.


text:
    November 9, 1977
    No. A-406.
    Morial et al. v. Judiciary Commission of Louisiana et al.
   Application for stay of order of the United States Court of Appeals for the Fifth Circuit, presented to

Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    November 14, 1977
    No. 77-5163.
    Williams v. Ward, Correctional Commissioner, et al.
   C. A. 2d Cir. Certiorari dismissed under this Court's Rule 60.


text:
    No. 77-471.
    McDougal v. County of Imperial.
   Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question.


text:
    No. 77-502.
    Muss et al. v. City of Miami Beach.
   Appeal from Dist. Ct. App. Fla., 3d Dist., dismissed for want of substantial federal question.


author: Mr. Justice Stevens,

text:
    No. 76-1377.
    Oregon State Penitentiary et al. v. Hammer.
   Sup. Ct. Ore. Certiorari granted, judgment vacated, and case remanded for reconsideration in light of Dixon v. Love, 431 U. S. 105 (1977).

Mr. Justice Stevens,

with whom Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall join,

dissenting.

Since Dixon v. Love, 431 U. S. 105, sheds no light on the issues decided by the Oregon Supreme Court, the Court’s disposition of this petition can only be characterized as cavalier.

The respondent, a tenured corrections officer, was discharged without a pretermination hearing; at a post-termination hearing the Public Employee Relations Board decided that the dismissal was proper as a matter of state law. On appeal, the Oregon Supreme Court reversed. Relying on its decision in Tupper v. Fairview Hospital & Training Center, 276 Ore. 657, 556 P. 2d 1340 (1976), the court concluded that procedural due process required that a tenured employee receive notice of the charges against him and the proposed sanction, as well as an opportunity to respond, before being discharged. It further held that respondent was entitled to backpay and other benefits from the time of his discharge until such time as a proper termination hearing is held, even though the discharge had been upheld at the post-termination hearing.

No decision of this Court is controlling on either the due process issue or the remedy issue decided by the Oregon Supreme Court. In Dixon v. Love, supra, this Court held that the Illinois regulation providing for the automatic suspension of the license of a driver who had been convicted repeatedly for traffic offenses was constitutionally valid. In so holding, the Court relied on the fact that the driver “had the opportunity for a full judicial hearing in connection with each of the traffic convictions on which the Secretary’s decision was based,” 431 U. S., at 113; on the fact that the suspension and revocation decisions were “largely automatic” under the Illinois regulations, ibid.; and on “the important public interest in safety on the roads and highways, and in the prompt removal of a safety hazard.” Id., at 114. None of those factors, decisive in Dixon, has any relevance to the issues decided by the Oregon Supreme Court in this case.

Indeed, in Dixon the premise for the Court’s legal analysis was “ ‘that something less than an evidentiary hearing is sufficient prior to adverse administrative action.’ ” Id., at 113, quoting Mathews v. Eldridge, 424 U. S. 319, 343. Precisely the same premise provided the basis for the legal analysis of the Oregon Supreme Court. The court held that a preter-mination evidentiary hearing was not required, but that “something less” was necessary — in this case, fair notice and an opportunity to respond. Whether or not that holding is correct, it is not even arguably inconsistent with either the holding or anything said by this Court in Dixon. Nor is there anything in Dixon which remotely relates to the question whether the remedy directed by the Oregon Supreme Court was proper.

In my judgment, even assuming that the Oregon Supreme Court has extended greater procedural protection to Oregon residents than the Federal Constitution requires, there is no need for this Court to address those issues until a conflict with the Oregon holding has developed on a national level. But if my judgment in this respect is incorrect, and enlightenment on a nationwide basis is indeed appropriate, surely the Court should provide something more edifying than a cryptic reference to a case as wide of the mark as Dixon v. Love. This summary treatment of a carefully reasoned decision of the highest court of the State of Oregon fails to accord proper respect to that tribunal and gives no guidance whatsoever for further proceedings in this litigation. Cf. United States v. Jacobs, 429 U. S. 909 (Stevens, J., concurring).

1 respectfully dissent.

       The Oregon. Court of Appeals had held that respondent was entitled to a pretermination hearing, but it limited the award of back wages to the period between the date of his dismissal and the date of his subsequent hearing. 23 Ore. App. 743, 543 P. 2d 1094 (1975).

       Although four of us disagree with the Court’s disposition of this case, the Justices who join this opinion do not insist that the case be orally-argued. See Trinkler v. Alabama, 418 U. S. 917, 918 (Brennan, J., dissenting).


text:
    No. 77-277.
    Jackson v. United States.
   Ct. Cl. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the position presently asserted by the Solicitor General in his brief filed October 25, 1977.

Mr. Justice Rehnquist would deny the petition.


text:
    No. 77-5161.
    Johnson v. Hampton, Judge.
   Ct. Crim. App. Okla. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated, and case remanded for further consideration in light of Brown v. Ohio, 432 U. S. 161 (1977), and Harris v. Oklahoma, 433 U. S. 682 (1977).


text:
    No. -.
    Mark Trail Campgrounds, Inc. v. Field Enterprises, Inc., et al.,
   431 U. S. 911. Motion for reconsideration denied.


text:
    No. A-379 (77-704).
    Gibbs v. United States.
   C. A. 5th Cir. Application for stay, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. A-381 (Nos. 77-26 and 77-32).
    Chin v. United States.
   Application for an order directing the United States Court of Appeals for the Second Circuit to issue a printed opinion, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. A-384.
    Walker v. Illinois.
   Application, for writ of habeas corpus, presented to The Chief Justice, and by him referred to the Court, denied.


text:
    No. D-100.
    In re Disbarment of Ooms.
   Owen Jennings Ooms, of Chicago, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause heretofore issued on April 4, 1977 [430 U. S. 952], is hereby discharged.


text:
    No. D-107.
    In re Disbarment of Friedland.
    [For earlier order, see 431 U. S. 913.]
   Disbarment entered.


text:
    No. 72,
    Orig.
    South Dakota v. Nebraska.
    [For earlier order herein, see 432 U. S. 904.]
   Exception of South Dakota to the Report of the Special Master overruled. Motion of Robert J. Foley et al. for leave to intervene as defendants granted.


text:
    No. 76-682.
    Santa Clara Pueblo et al. v. Martinez et al.
   C. A. 10th Cir. [Certiorari granted, 431 U. S. 913.] Motion of the Solicitor General of the United States for leave to file a brief as amicus curiae denied.


text:
    No. 76-1121.
    No. 76-1153.
    No. 76-1162.
    American Broadcasting Companies, Inc., et al. v. Writers Guild of America, West, Inc., et al.; Association of Motion Picture & Television Producers, Inc. v. Writers Guild of America, West, Inc., et al.; and National Labor Relations Board v. Writers Guild of America, West, Inc., et al.
   C. A. 2d Cir. [Certiorari granted, 430 U. S. 982.] Motion of American Federation of Labor & Congress of Industrial Organizations for leave to file a brief as amicus curiae granted.


text:
    No. 76-777.
    No. 76-933.
    No. 76-934.
    No. 76-935.
    Connor et al. v. Finch, Governor of Mississippi, et al.; Finch, Governor of Mississippi, et al. v. Connor et al.; United States v. Finch, Governor of Mississippi, et al.; and Connor et al. v. Finch, Governor of Mississippi, et al.,
   431 U. S. 407. Motion to retax costs denied.


text:
    No. 76-1143.
    Marshall, Secretary of Labor, et al. v. Barlow’s, Inc.
   D. C. Idaho. [Probable jurisdiction noted, 430 U. S. 964.] Motion of Pacific Legal Foundation for leave to participate in oral argument as amicus curiae denied.


text:
    No. 76-1359.
    Bankers Trust Co. v. Mallis et al.
   C. A. 2d Cir. [Certiorari granted, 431 U. S. 928.] Motion of New York Clearing House Assn, for leave to participate in oral argument as amicus curiae granted.


text:
    No. 76-5729.
    Oliphant v. Suquamish Indian Tribe et al.; and Belgarde v. Suquamish Indian Tribe et al.
   C. A. 9th Cir. [Certiorari granted, 431 U. S. 964.] Motion of the United States for leave to participate in oral argument as amicus curiae granted and 15 additional minutes allotted for that purpose. Petitioners also allotted 15 additional minutes for oral argument.


author: Mr. Justice Brennan, Mr. Justice Blackmun,

text:
    No. A-278 (77-452).
    No. A-280 (77-457).
    No. A-319 (77-551).
    No. A-376 (77-602).
    Mobil Alaska Pipeline Co. v. United States et al.; Exxon Pipeline Co. v. United States et al.; BP Pipelines, Inc. v. United States et al.; and ARCO Pipe Line Co. v. United States et al.
   C. A. 5th Cir.

On October 20, 1977 [ante, p. 913], this Court stayed the order of the Interstate Commerce Commission served June 28, 1977, in its Investigation and Suspension Docket No. 9164, Trans Alaska Pipeline System (Rate Filings), pending final disposition of the petitions for writ of certiorari by this Court. To further effectuate that order, it is hereby ordered:

1. During the period the stay is in effect, commencing at 3 p. m., e. d. t., October 20, 1977, the following pipeline companies may collect their respective rates set forth in the tariffs that were suspended by the Interstate Commerce Commission in its order of June 28,1977:

Amerada Hess Pipeline Corporation
ARCO Pipe Line Company
BP Pipelines, Inc.
Mobil Alaska Pipeline Company
Sohio Pipe Line Company
Exxon Pipeline Company
Union Alaska Pipeline Company

2. The Federal Energy Regulatory Commission may proceed with its investigation of the rates set forth in said tariffs (FERC Docket No. OR78-1) and in connection with that investigation may enter any appropriate orders not inconsistent with either this order or this Court’s order of October 20, 1977.

3. During the period the stay is in effect, the pipeline companies shall keep account of all sums collected under the terms of said tariffs by virtue of the stay entered by this Court.

4. In the event certiorari is denied or it is otherwise ultimately determined that said pipeline companies were not lawfully entitled to collect a portion of the rates so collected, the pipeline companies shall refund such portion of said rates, with interest computed in accordance with Section 15 (8) (e) of the Interstate Commerce Act, as amended, 90 Stat. 38, 49 U. S. C. A. § 15 (8)(e) (Supp. 1977), to the persons entitled thereto without further order of this Court.

Mr. Justice Stewart and Mr. Justice Powell took no part in the consideration or decision of this order.

Mr. Justice Brennan,

with whom Mr. Justice Marshall joins,

dissenting.

I initially joined in granting a stay in these cases. Upon further consideration, however, I am convinced that our stay was improvidently and precipitately issued and that it should now be dissolved.

Applicants will be able to collect approximately $1.5 million per day by virtue of our stay that would not be collected were the suspension order of the Interstate Commerce Commission— which is the subject of petitions for certiorari in this case — to remain in effect. Because of the enormous sums of money that will be collected under our stay, over $100 million by January 28, 1978, when the suspension order of the ICC ends by its terms, the Court should be very clear before continuing this stay that it is really needed to protect applicants and, more importantly, that the provisions of the stay adequately protect the interests of anyone who may be affected by this litigation. On the pleadings so far before us, I am not convinced that the Court is in a position to act with any such conviction.

First, with respect to the need for the stay, it is important to recognize that each applicant comes before this Court in a dual capacity: Each is both a part owner of the Trans Alaska Pipeline System and a shipper of oil over the pipeline. ' Therefore some amounts which an applicant would be prevented from collecting under the suspension order would immediately be recouped as extra profit to that applicant in its capacity as a shipper. This is not to suggest that the gains would offset the losses with any precision, but only that’the net losses may be sufficiently small that extraordinary equitable relief would not be appropriate.

My greater concern, however, is that the form of our stay may not adequately protect the ultimate consumers of oil shipped over the pipeline or the interests of shippers or holders of royalty interests in the oil at Prudhoe Bay. Although the applicants aver that the “landed price” of oil in the United States will not be affected by our stay and therefore that consumers of Alaskan oil will not face higher prices because of our order, I am not prepared to accept these unexplained statements on the record presently before us. Nor do I think the interest which applicants are today ordered to pay on any amounts ultimately ordered refunded is sufficient to reimburse shippers and royalty holders for the costs they may incur as a consequence of our stay. The only information we have as to what those costs may be is the statement of the Arctic Slope Regional Corp. that it will have to borrow at an estimated interest of 10% amounts equal to the royalties it would have had but for our stay. Nonetheless, the Court today sets the interest to be paid on amounts refunded at the rate prescribed by 49 U. S. C. § 15 (8)(e) (1976 ed.), which applies only to railroad tariffs and is today somewhere below 7%. Indeed, in adopting this rate, the Court today rejects what is to me the much more reasonable suggestion of the Solicitor General that the interest be set at 9%, which is the rate prescribed by the Federal Power Commission for tariff refunds from natural gas pipelines.

For the reasons stated above, I would vacate the stay ordered by this Court on October 20, 1977, and order proceedings on the petitions for certiorari to be expedited. Barring this, I would have entered the form of stay order suggested by the Solicitor General.

Mr. Justice Blackmun,

dissenting.

I, too, conclude that the Court’s stay was improvident. I agree with the conclusions reached by Mr. Justice Brennan and would vacate the stay issued by this Court on October 20, would accelerate consideration of the petitions for certiorari, and would follow the suggestions of the Solicitor General as to the rate of interest.

       For a discussion of the background of this litigation, see Mobil Alaska Pipeline Co. v. United States, 557 F. 2d 775 (CA5 1977).

       Arctic Slope is the representative of the Inupiat Eskimos who have a claim to be paid 2% of the wellhead value of Alaskan crude oil up to a total of $500 million as consideration for their surrender of aboriginal land claims in the Prudhoe Bay area.

       Section 15 (8) (e) sets the rate of interest at "a rate which is equal to the average yield ... of marketable securities of the United States which have a duration of 90 days.”

       See 18 CFR § 154.67 (c) (2) (1977).


text:
    No. 77-5353.
    Mincey v. Arizona.
   Sup. Ct. Ariz. [Certiorari granted, ante, p. 902.] Motion of petitioner for appointment of counsel granted, and it is ordered that Richard Oseran, Esquire, of Tucson, Ariz., be appointed to serve as counsel for petitioner.


text:
    No. 77-5629.
    Hancock v. United States et al.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 77-5522.
    Theriault v. United States Court of Appeals for the Seventh Circuit et al.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 77-334.
    First Federal Savings & Loan Association of Boston et al. v. Tax Commission of Massachusetts et al.
   Appeal from Sup. Jud. Ct. Mass. Probable jurisdiction noted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 77-454.
    Moorman Manufacturing Co. v. Bair, Director of Revenue of Iowa.
   Appeal from Sup. Ct. Iowa. Motions of William J. Baumol et al., Motor Vehicle Manufacturers Association of the United States, Inc., Multistate Tax Commission, and Committee on State Taxation of the Council of State Chambers of Commerce for leave to file briefs as amici curiae granted. Probable jurisdiction noted.


text:
    No. 76-1701.
    Tennessee Valley Authority v. Hill et al.
   C. A. 6th Cir. Motion of Eastern Band of Cherokee Indians for leave to file a brief as amicus curiae and certiorari granted.


text:
    No. 76-1836.
    No. 76-1837.
    Coopers & Lybrand v. Livesay et al.; and Punta Gorda Isles, Inc. v. Livesay et al.
   C. A. 8th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 550 F. 2d 1106.


text:
    No. 76-1831.
    No. 76-1833.
    No. 76-1839.
    Massler v. United States; Rice et al. v. United States; and Alvarez v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 550 F. 2d 1364.


text:
    No. 76-6974.
    DeVaughn v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-6977.
    Sandoval-Roman v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-6986.
    Sierra et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-104.
    Consolidated Rail Corp. et al. v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-116.
    Russell v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-135.
    Yarmosh et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-159.
    International Association of Bridge, Structural & Ornamental Iron Workers, Affiliated Local Union 597 v. Linbeck Construction Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-175.
    Stroup v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 77-231.
    Nachbaur v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-317.
    Gratehouse v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-346.
    Harmont Plaza, Inc. v. Commissioner of Internal Revenue.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-351.
    Alabama v. Rockaway Corp.
   Ct. Civ. App. Ala. Certiorari denied.


text:
    No. 77-449.
    Houlihan v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-455.
    Russom et al. v. Sears, Roebuck & Co. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-456.
    Patch et al. v. White, Mayor of Boston, et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-460.
    Gargallo v. Gargallo.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 77-464.
    Storer et al., Co-executors v. Storer.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 77-467.
    Chapman v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 77-476.
    Town of Norwood, Massachusetts, et al. v. Boston Edison Co. et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-479.
    Albano v. Jordan Marsh Co.
   Ct. App. Mass. Certiorari denied.


text:
    No. 77-485.
    Keister et al. v. San Diego & Arizona Eastern Railroad.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-491.
    Myers v. Butler et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-514.
    McDonald v. Headrick, Sheriff, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-517.
    No. 77-518.
    No. 77-541.
    Dolwig v. United States; Vogt v. United States; and Stradley v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 554 F. 2d 958.


text:
    No. 77-537.
    Larry L. v. Veronica P.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-546.
    Silverman v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-549.
    No. 77-550.
    Agee v. United States; and Renfro v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-547.
    Freeland v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-561.
    Schmaltz v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5093.
    Kesler v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5148.
    Jordan v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5175.
    Lumpkin v. Ricketts, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5196.
    Smith v. Britt et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5206.
    Roberts v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 77-5240.
    Smith v. Government of the Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5249.
    Jefferson et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5272.
    Goode v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5347.
    Brager v. Riggsbt, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5377.
    Cheyenne v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5411.
    Frazier v. Commissioner of Internal Revenue.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5459.

      Harrison v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-5465.
    Ulrey, aka Taliferro v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5472.
    LaGrone v. Oklahoma.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5473.
    Taylor v. Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 77-5480.
    Phillips v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 77-5481.
    Bartlett v. Toledo Blade Co., Inc.
   Ct. App. Ohio, Lucas County. Certiorari denied.


text:
    No. 77-5483.
    Drayton v. New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5484.
    Mattison et al. v. Leeke, Corrections Commissioner, et al.
   C. A. 4th Cir. Certiorari before judgment denied.


text:
    No. 77-5493.
    Parker v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 77-5499.
    Ford v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 77-5504.
    Rollins v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 77-5505.
    Contreras v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5514.
    Smith v. White Stores, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5536.
    Moten v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5544.
    Watson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5551.
    Saunders v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5566.
    Jackson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5568.
    Gibson v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5579.
    Ramsey v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5583.
    Fullman v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5589.
    Durns v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5592.
    Hudson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5594.
    Witherspoon v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5599.
    Daniels v. United States.
   C. A. 4th Cir, Certiorari denied.


text:
    No. 77-5600.
    Snyder v. United States
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5602.
    Sansone v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-361.
    Walker, Governor of Illinois, et al. v. Hayes.
   C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-5156.
    Jeffries v. United States.
   C. A. 6th Cir. Certiorari denied.

Mr. Justice Stewart would grant cer-tiorari.


text:
    No. 77-5215.
    Pittman v. Hopper, Warden.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Marshall would grant certiorari.


text:
    No. 77-5285.
    Scott v. Parole Board of Kentucky et al.
   C. A. 6th Cir. Certiorari denied.

Mr. Justice Brennan would grant certiorari.


text:
    No. 77-5488.
    No. 77-5538.
    Blake v. Georgia. Spenkelink v. Florida.
   Sup. Ct. Ga.; and

Sup. Ct. Fla. Certiorari denied. Reported below: No. 77-5488, 239 Ga. 292, 236 S. E. 2d 637; No. 77-5538, 350 So. 2d 85.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
      No. 76-1468.
    No. 76-1566.
    No. 76-1674.
    No. 76-1691.
    No. 76-1722.
    No. 76-6379.
    No. 76-6673.
    Hendrix v. United States, Comly v. Lower Southampton Township, Stephenson et al. v. Department of Agriculture and Consumer Services of Florida, Matassini v. United States, Higginbotham, Administratrix, et al. v. Mobil Oil Corp. et al., Posner v. United States, DiSilvestro v. Veterans’ Administration,
   ante, p. 818;

ante, p. 803;

ante, p. 803;

ante, p. 828;

ante, p. 830;

ante, p. 837; and

ante, p. 840. Petitions for rehearing denied.


text:
    No. 76-6685.
    No. 76-6696.
    No. 76-6748.
    No. 76-6774.
    No. 76-6823.
    No. 76-6896.
    No. 76-6933.
    No. 77-27.
    No. 77-61.
    No. 77-5040.
    No. 77-5099.
    No. 77-5136.
    No. 77-5138.
    No. 77-5182.
    No. 77-5279.
    Kelley v. Baptist, District Director of Internal Revenue, et al., Cardall v. United States, Brunson v. United States, Kirk v. United States, Neal v. Arkansas, Windham v. California, Simants v. Nebraska, Landmesser v. United States, Leigh v. Oklahoma ex rel. Tax Commission of Oklahoma, Kramer v. United States, Smith, aka Machetti v. Georgia, Corbitt v. United States, Reynolds v. Department of Health, Education, and Welfare et al., Sunday v. United States District Court, Jennings v. Day, Warden,
   ante, p. 841;

ante, p. 841;

ante, p. 842;

ante, p. 896;

ante, p. 878;

ante, p. 848;

ante, p. 878;

ante, p. 855;

ante, p. 804;

ante, p. 863;

ante, p. 878;

ante, p. 868;

ante, p. 893;

ante, p. 869; and

ante, p. 871. Petitions for rehearing denied.


text:
    November 28, 1977

    No. 77-5502.
    Douglas v. United States et al.

      MR. Justice Blackmun took no part in the consideration or decision of cases in which orders hereinafter reported were announced on this date.

   Appeal from C. A. 3d Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 77-5269.
    Simpson v. Florida.
   Appeal from Sup. Ct. Fla. dismissed for want of jurisdiction.


text:
    No. 77-419.
    Houston Belt & Terminal Railway Co. v. Wherry.
   Appeal from Ct. Civ. App. Tex., 1st Sup. Jud. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 77-5561.
    Jones v. Colorado.
   Appeal from Sup. Ct. Colo, dismissed for want of substantial federal question.


text:
    No. 76-1588.
    Califano, Secretary of Health, Education, and Welfare v. McMahon.
   Appeal from D. C. E. D. N. Y. Motion of appellee for leave to proceed in forma pauperis granted, judgment vacated, and case remanded for further consideration in.light of Califano v. Jobst, ante, p. 47.


text:
    No. 77-53.
    Pierre et al. v. United States.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded to consider question of mootness.


text:
    No. 77-5069.
    Nunley v. United States.
   C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment of the United States Court of Appeals for the Sixth Circuit vacated and case remanded to the United States District Court for the Western District of Tennessee with directions to dismiss the indictment.


text:
    No. 75-1690.
    Parham, Commissioner, Department of Human Resources of Georgia, et al. v. J. L. et al.
   Appeal from D. C. M. D. Ga. [Probable jurisdiction noted, 431 U. S. 936.] Motion of the Solicitor General for leave to file a brief as amicus curiae granted.


text:
    No. 76-419.
    No. 76-528.
    Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., et al.; and Consumers Power Co. v. Aeschliman et al.

      See also note, supra, p. 961.

   C. A. D. C. Cir. [Certiorari granted, 429 U. S. 1090.] Motion of the Attorney General of New York for leave to participate in oral argument as amicus curiae denied.

Mr. Justice Powell took no part in the consideration or decision of this motion.


text:
    No. 76-811.
    Regents of the University of California v. Bakke.
   Sup. Ct. Cal. [Certiorari granted, 429 U. S. 1090.] Motion of the Solicitor General for leave to file a supplemental brief after argument, as amicus curiae, granted.


text:
    No. 76-1359.
    Bankers Trust Co. v. Mallis et al.
   C. A. 2d Cir. [Certiorari granted, 431 U. S. 928.] Motions of the Solicitor General for leave to file a brief as amicus curiae and to participate in oral argument as amicus curiae granted.


text:
    No. 77-533.
    Hisquierdo v. Hisquierdo.
   Sup. Ct. Cal. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 77-565.
    No. 77-5256.
    Ernest v. Sirica, U. S. District Judge, et al.; and Norman v. Christ, Clerk, U. S. District Court.
   Motions for leave to file petitions for writs of mandamus denied.


text:
    No. 77-653.
    Swisher, State’s Attorney for Baltimore City, et al. v. Brady et al.
   Appeal from D. C. Md. Motion of appellees for leave to proceed in forma pauperis granted. Probable jurisdiction noted.


text:
    No. 77-404.
    City of Philadelphia et al. v. New Jersey et al.
   Appeal from Sup. Ct. N. J. Probable jurisdiction noted.


text:
    No. 77-380.
    Andrus, Secretary of the Interior v. Charlestone Stone Products Co., Inc.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 77-452.
    No. 77-457.
    No. 77-551.
    No. 77-602.
    Mobil Alaska Pipeline Co. v. United States et al.; Exxon Pipeline Co. v. United States et al.; BP Pipelines, Inc. v. United States et al.; and ARCO Pipe Line Co. v. United States et al.

      See also note, supra, p. 961.

   C. A. 5th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.

Mr. Justice Stewart and Mr. Justice. Powell took no part in the consideration or decision of these petitions.

Reported below: 557 F. 2d 775.


text:
    No. 77-5549.
    Taylor v. Kentucky.
   Ct. App. Ky. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 76-1776.
    No. 76-6907.
    No. 76-6926.
    Peabody v. United States; Cason v. United States; and Tharp v. United States.
   C. A. 7th Cir. Certiorari denied. Reported below: 556 F. 2d 584.


text:
    No. 76-1779.
    Chazin v. Witkovich et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-6880.
    Keeton et ux. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-8.
    Mehta v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-57.
    Germain et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-137.
    Ellison v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-139.
    Morgan v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-167.
    Watts v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 77-195.
    Tarasi et al. v. Pittsburgh National Bank et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-201.
    Price v. Pitchess, Sheriff.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-203.
    Irons v. Parker, Acting Commissioner of Patents and Trademarks.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-248.
    Glover v. Herald Co., dba Globe-Democrat Publishing Co.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 77-266.
    Bethlehem Steel Corp. v. United States District Court for the Central District of California (Titus, a minor, by Cuthbert, Real Party in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-269.
    McCall et al. v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-309.
    McDonnell Douglas Corp. v. Houghton et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-316.
    Karnes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-343.
    Cisternino v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-352.
    Plesons v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-372.
    American Telephone & Telegraph Co. et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-390.
    Cerilli et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-391.
    Burgett et ux. v. Federal Land Bank of Wichita.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 77-392.
    Sweeney Independent School District et al. v. Harkless et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-393.
    Fadell v. Minneapolis Star & Tribune Co., Inc., et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-399.
    McDonald v. Illinois et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-400.
    Woodrow v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-408.
    Ingalls Shipbuilding Corp., Division of Litton Systems, Inc. v. Morgan et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-418.
    Calhoun v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-435.
    Swanson v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 77-438.
    Boldridge et ux. v. Estate of Keimig.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 77-439.
    Ekmanian et al. v. Marshall, Secretary of Labor.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-445.
    No. 77-451.
    Kenny et al., Executors v. Sanfilippo et al.; and Sanfilippo et al. v. Kenny et al., Executors.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-468.
    Gooch v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 77-472.
    Bur v. Breier et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-482.
    Conklin et al. v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-492.
    Greenberg v. Burmah Oil Co., Ltd., et al.
   C. A. 2d Cir. ' Certiorari denied.


text:
    No. 77-494.
    Gemeinde Brau, Inc., et al. v. Amana Society et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-496.
    Cargile et al. v. Michigan.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 77-499.
    Board of Supervisors of Hinds County, Mississippi, et al. v. Kirksey et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 77-506.
    Peters v. Arkansas.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 77-509.
    Rosansky v. Ladenburg, Thalmann & Co., Inc.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 77-513.
    Los Alamos School Board v. Wugalter, Chief, Public School Finance Division, Department of Finance and Administration of New Mexico, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-516.
    Zola v. City of Waverly.
   Ct. App. Ohio, Pike County. Certiorari denied.


text:
    No. 77-519.
    Newcomb v. Brennan et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-520.
    King v. Alabama.
   Ct. Crim. Ala. Certiorari denied.


text:
    No. 77-523.
    Wilson, Administratrix v. Crouse-Hinds Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-530.
    United States v. Ashland Oil, Inc., et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-535.
    Goss v. Revlon, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-536.
    Winters v. Miller, Commissioner of Mental Hygiene of New York, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-552.
    Wheeling-Pittsburgh Steel Corp. v. Department of Environmental Resources of Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 77-553.
    Rinaldi v. Holt, Rinehart & Winston, Inc., et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-556.
    East End Yacht Club, Inc. v. Buckley Bros.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-558.
    Grevas v. The Olympic Pegasus et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-559.
    Lane v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-563.
    Moon et al. v. Weeks.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 77-566.
    Howie v. United States Rubber Co., Inc., et al.
   Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 77-573.
    Clark et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-591.
    Losing v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-604.
    A. J. White & Co. et al. v. Securities and Exchange Commission.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5044.
    Meadows v. Evans, Sheriff.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5104.
    Flores v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5106.
    Graves, aka Brown v. Powers, Judge, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5107.
    Scott et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5115.
    Gamble v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5116.
    Stovall v. Maggio, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5128.
    Bartlett v. Downtown Toledo Associates, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5141.
    Emrisko et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5164.
    Snow v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5171.
    Kincade v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5212.
    No. 77-5225.
    Hutton v. United States; and White v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 558 F. 2d 1265.


text:
    No. 77-5243.
    Dowd v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 77-5258.
    Kopel v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5266.
    Wilkerson, aka Jones v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5267.
    Greene v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5286.
    Morris v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5294.
    Chapman v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5299.
    Linzy v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 77-5300.
    Parker v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 77-5301.
    Castile v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5306.
    Muller v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5336.
    Robinson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5342.
    Pilla v. Alexander, Commissioner of Internal Revenue, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5380.
    Kearney et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5381.
    White v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5393.
    Davis v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5396.
    Carvin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5410.
    Folkes v. Utah.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 77-5433.
    Smolar v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5470.
    Key v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5475.
    Knight v. Handwriting Exemplars.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5501.
    Carter v. De Grazia et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5507.
    Mason v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5510.
    Guerrero v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5512.
    Murphy v. Fatzer, Chief Justice, Supreme Court of Kansas, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5513.
    Petrauskas v. Kipnis et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-5518.
    Green v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5520.
    Bauhaus v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 77-5526.
    Morris v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 77-5533.
    Kurz et ux. v. Michigan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5534.
    Arzate v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-5535.
    Knighten v. Broderick.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 77-5542.
    Zilka v. Walker et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5546.
    Henderson v. Court of Appeal of California, Second Appellate District.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 77-5550.
    Hayton v. Egeler, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5552.
    Robinson v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 77-5558.
    West v. Smith.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5559.
    De Swolkien v. McKenna et al.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 77-5564.
    Poston v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 77-5565.
    Galbraith v. City of Columbus, Ohio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5567.
    Thompson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5569.
    Monaco et al. v. Board of Education of the City of Chicago et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5573.
    Raines v. Alabama.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5578.
    Carlson v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5585.
    Dyas v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-5586.
    Harrell v. McCarthy, Men’s Colony Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5588.
    Price v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5596.
    Tramble v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 77-5597.
    Cognato v. Ciccone, Medical Center Director.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5603.
    Gamble v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5606.
    York v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5609.
    Bear Ribs v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5611.
    Manduchi v. Schlager, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5618.
    Baloun v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5630.
    Foster v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5632.
    Haynes v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5635.
    Llamas v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5636.
    Avalos-Ochoa v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5638.
    West v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5661.
    Smith v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-256.
    Tiger International, Inc., et al. v. Civil Aeronautics Board.
   C. A. 9th Cir. Certiorari denied.

Mr. Justice White would grant certiorari.


text:
    No. 77-501.
    Stern v. United States Gypsum, Inc., et al.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice White would grant certiorari.


text:
    No. 77-531.
    Union Camp Corp. v. Seaboard Coast Line Railroad Co.

      See also note, supra, p. 961.

   C. A. 5th Cir. Certiorari denied.

Mr. Justice Powell took no part in the consideration or decision of this petition.


text:
    No. 77-5439.
    No. 77-5450.
    No. 77-5482.
    House v. Stynchcombe, Sheriff, et al. Ceja v. Arizona. McCorquodale v. Stynchcombe, Sheriff, et al.
   Sup. Ct. Ga.;

Sup. Ct. Ariz.; and

Sup. Ct. Ga. Certiorari denied. Reported below: No. 77-5439, 239 Ga. 222, 236 S. E. 2d 353; No. 77-5450, 115 Ariz. 413, 565 P. 2d 1274; No. 77-5482, 239 Ga. 138, 236 S. E. 2d 486.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
    No. 77-5612.
    Hawkins-El et al. v. Collins, Warden.
   C. A. 4th Cir. Certiorari denied. Application for bail, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. 76-1418.
    No. 76-1440.
    No. 76-1547.
    No. 76-1578.
    No. 76-1599.
    No. 76-1654.
    No. 76-1670.
    No. 76-1811.
    No. 76-1824.
    No. 76-1845.
    No. 76-6261.
    No. 76-6697.
    No. 76-6720.
    No. 76-6756.
    No. 76-6975.
    No. 77-19.
    No. 77-31.
    No. 77-38.
    No. 77-49.
    No. 77-71.
    County Board of Arlington County et al. v. Richards et al., Goldstein v. United States, Sloan et al. v. Securities and Exchange Commission et al., Visconti v. United States, Pryor v. United States, Brownsell et ux. v. Davidson et al., Perry v. United States, Tracy v. Ohio, Jackson v. Stone & Simons Advertising, Inc., et al., Ex parte Moody, Ransom v. United States, Visconti v. United States, Richmond v. Arizona, Chenault v. Stynchcombe, Sheriff, McDowell v. Morris, In re Boston & Providence Railroad Corp., King v. United States, Timmons v. Lawton et al., Holm v. United States, Dineen et al. v. Bilandic,
   ante, p. 5;

ante, p. 902;

ante, p. 821;

ante, p. 822;

ante, p. 824;

ante, p. 826;

ante, p. 827;

ante, p. 805;

ante, p. 806;

ante, p. 835;

ante, p. 908;

ante, p. 822;

433 U. S. 915;

ante, p. 878;

ante, p. 853;

ante, p. 855;

ante, p. 855;

ante, p. 813;

ante, p. 856; and

ante, p. 856. Petitions for rehearing denied.


text:
    No. 77-138.
    No. 77-212.
    No. 77-221.
    No. 77-5021.
    No. 77-5058.
    No. 77-5066.
    No. 77-5083.
    No. 77-5145.
    No. 77-5170.
    No. 77-5192.
    No. 77-5213.
    No. 77-5227.
    No. 77-5253.
    No. 77-5298.
    No. 77-5457.
    Weinberger v. Department of Commerce of Florida; Weinberger v. Trombetta et al.; and Weinberger v. United States, Rogers v. Chilivis, Commissioner of Revenue of Georgia, Phillips Petroleum Co. v. Ashland Oil, Inc., et al., Collins v. Arkansas, Greene v. United States, Morgan v. Tennessee, Adams v. Florida, Royal v. Bergland, Secretary of Agriculture, et al., Nasim v. Maryland, Bennett v. Director of Internal Revenue for North Carolina et al., Fahrig v. Jenefsky, Henderson v. Metropolitan Atlanta Rapid Transit Authority, Wallace v. Pan American Airways, Severa v. Unemployment Compensation Board of Review of Pennsylvania, Wise v. United States,
   ante, p. 891;

ante, p. 891;

ante, p. 921;

ante, p. 878;

ante, p. 864;

ante, p. 905;

ante, p. 878;

ante, p. 883;

ante, p. 868;

ante, p. 893;

ante, p. 870;

ante, p. 870;

ante, p. 871;

ante, p. 894; and

ante, p. 929. Petitions for rehearing denied.


text:
    No. 77-118.
    Pacific Engineering & Production Company of Nevada v. Kerr-McGee Corp. et al.,

      See also note, supra, p. 961.

   ante, p. 879. Petition for rehearing denied.

Mr. Justice Stewart took no part in the consideration or decision of this petition. .


text:
    No. 77-5246.
    Watson v. United States,
   ante, p. 927. Motion to reject respondent’s lodging and petition for rehearing denied.


text:
    November 29, 1977
    No. 77-623.
    Regents of the University of Minnesota et al. v. National Collegiate Athletic Assn.
   C. A. 8th Cir. Certiorari dismissed under this Court's Rule 60.