text:
    December 5, 1977

    No. 77-5321.
    Grimes v. Miller 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, with the exception of No. 76-1200, Crist, Warden, et al. v. Cline et al., infra, p. 980.

   Affirmed on appeal from D. C. M. D. N. C.


source: Caselaw Access Project

license: Public Domain

text:
    No. 76-1847.
    Shelby County, Tennessee, et al. v. Peel.
   Appeal from Ct. App. Tenn. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-1243.
    United States v. Smith et ux.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Commissioner of Internal Revenue v. Kowalski, ante, p. 77.


text:
    No. A-453.
    Briscoe, Governor of Texas, et al. v. Escalante et al.
   Application for stay of mandate of the United States District Court for the Western District of Texas, entered November 10, 1977, presented to Mr. Justice Powell, and by him referred to the Court, granted pending timely filing and disposition of an appeal in this Court.


text:
    No. D-65.
    In re Disbarment of Gallant.
    [For earlier order, see 429 U. S. 914.]
   Disbarment entered.


text:
    No. D-104.
    In re Disbarment of Murray.
    [For earlier order, see 431 U. S. 902.]
   Disbarment entered.


text:
    No. D-122.
    In re Disbarment of Stillo.
   It is ordered that Joseph E. Stillo 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. D-123.
    In re Disbarment of Chvosta.
   It is ordered that Jerry F. Chvosta of North Randall, Ohio, 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. D-124.
    In re Disbarment of Lindsay.
   It is ordered that George G. Lindsay, of Pottsville, Pa., 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. D-125.
    In re Disbarment of Duden.
   It is ordered that Frederick D. Duden, Jr., of Wynnewood, Pa., 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. D-126.
    In re Disbarment of Spar.
   It is ordered that Charles Spar, of Brooklyn, N. Y., 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. D-127.
    In re Disbarment of Gonzalez.
   It is ordered that Maximino Gonzalez of Bronx, N. Y., 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. D-128.
    In re Disbarment of Kellogg.
   It is ordered that Jack L. Kellogg, of Plainsboro, N. J., 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. D-129.
    In re Disbarment of Fitzpatrick.
   It is ordered that Robert L. Fitzpatrick, of Los Angeles, Cal., 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.


author: Mr. Justice Marshall,

text:
    No. 76-1200.
    Crist, Warden, et al. v. Cline et al.
   C. A. 9th Cir. [Probable jurisdiction postponed, 430 U. S. 982.] Case restored to calendar for reargument. Counsel requested to brief and discuss during oral argument the following questions:

1. Is the rule heretofore applied in the federal courts — that jeopardy attaches in jury trials when the jury is sworn — constitutionally mandated?

2. Should this Court hold that the Constitution does not require jeopardy to attach in any trial — state or federal, jury or nonjury — until the first witness is sworn?

The Solicitor General is invited to file a brief expressing the views of the United States on each of these questions.

Mr. Justice Marshall,

dissenting.

By its order restoring this case to the calendar for rebriefing and additional oral argument, the Court appears once again to be “reach [ing] out” for a vehicle to change a long line of precedent. See Pennsylvania v. Mimms, ante, at 117 (Stevens, J., dissenting). The Court asks the parties to discuss the rule to be applied in the federal courts with regard to attachment of jeopardy, a rule that is very well established. But the parties here are Montana prison officials, represented by the Attorney General of Montana, and state-court defendants; they can hardly be considered knowledgeable about the federal courts. The Court attempts to surmount this difficulty by inviting the Solicitor General to provide the federal prosecutor’s perspective on this important issue, yet it does not invite the other side, federal defendants or a representative of them, to submit a brief providing the opposing perspective.

In my view, the Court today does violence to two assumptions underlying Art. III of the Constitution: that we will not anticipate a question before it is necessary to decide it, and that both sides of an issue will be vigorously represented by involved advocates. See generally Ashwander v. TVA, 297 U. S. 288, 346-348 (1936) (Brandeis, J., concurring). I dissent from the order restoring the case for reargument.

      The current federal rule on attachment of jeopardy was applied in the federal courts as early as 1868. United States v. Watson, 28 F. Cas. 499 (No. 16,651) (SDNY). Since Downum v. United States, 372 U. S. 734 (1963), it has never been questioned in this Court that jeopardy attaches when the jury is sworn. See, e. g., Illinois v. Somerville, 410 U. S. 458, 467 (1973); id., at 471 (White, J., dissenting); Serfass v. United States, 420 U. S. 377, 388 (1975); United States v. Martin Linen Supply Co., 430 U. S. 564, 569 (1977).

       The problems involved in anticipating a question are illustrated by the form of the Court's order. The Court asks about only two possibilities — when the jury is sworn or when the first witness is sworn — along a continuum of moments in a trial when jeopardy might be thought to attach. If tradition in this area is to be abandoned, there is no reason to limit the parties to these two quite arbitrary points of discussion. Cf. Williams v. Florida, 399 U. S. 78, 125-126 (1970) (Harlan, J., concurring and dissenting) (arbitrariness as reason for "not hoisting the anchor to history”). At least one commentator has argued that attaching jeopardy when the jury is sworn is too late, not too early, and that jeopardy should attach at the opening of voir dire. Schulhofer, Jeopardy and Mistrials, 125 U. Pa. L. Rev. 449, 512-514 (1977).

       It is particularly surprising that the Court grants oral argument to the state parties here, in view of the fact that rebriefing only — and not additional oral argument — was ordered earlier this Term in Regents of University of California v. Bakke, No. 76-811. I cannot believe that the Court views the instant case as raising more momentous issues than those raised in Bakke.


text:
    No. 76-1484.
    No. 76-1600.
    Zurcher, Chief of Police of Palo Alto, et al. v. Stanford Daily et al.; and Bergna, District Attorney of Santa Clara County, et al. v. Stanford Daily et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 816.] Motion of petitioners for additional time for oral argument denied. Alternative request for divided argument granted.


text:
    No. 76-1608.
    Michigan v. Tyler et al.
   Sup. Ct. Mich. [Certiorari granted, ante, p. 814.] Motion of L. Brooks Patterson, Esquire, to permit Jeffrey Butler, Esquire, to. present oral argument pro hac vice on behalf of petitioner granted.


text:
    No. 76-1660.
    Hutto et al. v. Finney et al.
   C. A. 8th Cir. [Certiorari granted, ante, p. 901.] Motion of petitioners to dispense with printing appendix granted.


text:
    No. 76-1650.
    No. 77-56.
    Ohralik v. Ohio State Bar Assn. In re Smith.
   Sup. Ct. Ohio; and

Sup. Ct. S. C. [Probable jurisdiction noted, ante, p. 814.] Motion of Public Citizen et al. for leave to file a brief as amici curiae granted.


text:
    No. 77-25.
    No. 77-37.
    No. 77-42.
    Flagg Bros., Inc., et al. v. Brooks et al.; Lefkowitz, Attorney General of New York v. Brooks et al.; and American Warehousemen’s Assn. et al. v. Brooks et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 817.] Motion of petitioners for additional time for oral argument denied. Alternative request for divided argument granted.


text:
    No. 77-5713.
    Mayfield v. United States.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 77-5608.
    Norman v. McGovern, Chief Judge, U. S. District Court.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 77-293.
    Kulko v. Superior Court of California in and for the City and County of San Francisco (Horn, Real Party in Interest).
   Appeal from Sup. Ct. Cal. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 77-444.
    Penn Central Transportation Co. et al. v. New York City et al.
   Appeal from Ct. App. N. Y. Probable jurisdiction noted.


text:
    No. 77-178.
    Robertson v. Wegmann, Executor, et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 77-285.
    California et al. v. United States.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 77-560.
    Gardner v. Westinghouse Broadcasting Co.
   C. A. 3d Cir. Certiorari granted and case set for oral argument together with No. 76-1836, Coopers & Lybrand v. Livesay, and No. 76-1837, Punta Gorda Isles, Inc. v. Livesay [certiorari granted, ante, p. 954.]


text:
    No. 76-1403.
    Hunt et al. v. Mobil Oil Corp. et al.

      See also note, supra, p. 978.

   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 76-1539.
    Koerner et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-6852.
    Williams v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-166.
    Schepici et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-303.
    Thomas J. Palmer, Inc., et al. v. Superior Court of California for the County of Los Angeles (Crocker National Bank, Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-312.
    Barber v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-413.
    Klein v. Astler et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-427.
    Koontz v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-430.
    No. 77-432.
    Ogletree et al. v. United States; and Scott et al. v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 555 F. 2d 522.


text:
    No. 77-443.
    Joseph Skilken & Co. et al. v. City of Toledo et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-446.
    Tennessee Valley Authority et al. v. Eastland et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-544.
    Blue Cross of Western Pennsylvania v. Marsh, U. S. District Judge (Coles, Real Party in Interest).
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-554.
    Globe Linings, Inc., et al. v. City of Corvallis et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-569.
    Zurn Engineers v. California ex rel. Department of Water Resources.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-571.
    Moody v. Texas.
   Ct. Civ. App. Tex., 9th Sup. Jud. Dist. Certiorari denied.


text:
    No. 77-579.
    Martin et ux. v. Girard Trust Bank.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-586.
    McCarthy et al. v. Briscoe, Governor of Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-590.
    Timmons v. McGrath.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 77-634.
    Semco Manufacturing, Inc. v. U. S. Industries, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5059.
    Dupree v. United States
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5146.
    Poulack v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5149.
    Harris v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5198.
    Harmer v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5210.
    Medico v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5228.
    Wilson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5295.
    Kennard v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5296.
    Stanard v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5338.
    Muir v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-5356.
    Saylor v. Overberg, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5357.
    Bottos v. Avakian et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5372.
    Payne v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5404.
    Stanfield v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5441.
    No. 77-5474.
    Gomez v. United States; and Brezall v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5458.
    Gibson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5467.
    Townes v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5489.
    Moore v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5497.
    Klein v. Smith, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5572.
    Littlefield v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 77-5574.
    Stoddard v. United States District Court for the Eastern District of Michigan.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5575.
    Heyman v. Trust Fund Services, Inc.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 77-5581.
    Lewis v. Gourley, Corrections Director, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5595.
    Donnelly v. Boston College et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 77-5605.
    Braudrick v. Estelle, Corrections Director.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-5607.
    Ward v. Kentucky State University Board of Regents et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5610.
    Condley et al. v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 77-5616.
    Hines v. California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5625.
    Taylor v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5662.
    Loe v. Bell, Attorney General, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-311.
    Illinois v. Garlick.
   App. Ct. Ill., 5th Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied, it appearing that the judgment below rests upon adequate state grounds.


text:
    No. 76-1724.
    No. 77-325.
    No. 77-355.
    No. 77-373.
    No. 77-5057.
    No. 77-5065.
    No. 77-5257.
    Federal Communications Commission v. Home Box Office, Inc., et al., Nashville Gas Co. v. Tennessee Public Service Commission et al., Bernstein v. Florida et al.; and Brophy v. New Hampshire et al., Ernest v. United States Court of Appeals for the District of Columbia Circuit, Jackson v. Jago, Correctional Superintendent, Evers v. United States, Rust v. Nebraska; and Holtan v. Nebraska,
   ante, p. 829;

ante, p. 904;

ante, p. 904;

ante, p. 901;

ante, p. 940;

ante, p. 926; and

ante, p. 912. Petitions for rehearing denied.


text:
    No. 75-881.
    Hooban v. Board of Governors, Washington State Bar Assn.,
   424 U. S. 902. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Motion for leave to file petition for rehearing denied.


text:
    No. 76-545.
    United Airlines, Inc. v. McDonald,

      See also note, supra, p. 978.

   432 U. S. 385. Petition for rehearing denied.

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


text:
    No. 76-1639.
    Ramsey v. The Modoc et al.,
   ante, p. 826. Motion for leave to file petition for rehearing denied.


text:
    December 12, 1977

    No. 77-132.
    Hill v. Garner.

      Mr. Justice Blackmun took no part in the consideration or decision of cases in which orders hereinafter reported were announced on this date, with the exception of the following:
      No. 77-132, infra, this page; No. 77-211, infra, p. 1000; No. 77-249, infra, p. 1001; No. 77-365, infra, p. 996; No. 77-369, infra, p. 996; No. 77-503, infra, p. 1001; No. 77-534, infra, p. 1002; and No. 77-568, infra, p. 1002.

   Appeal from Sup. Ct. Ore. dismissed for want of substantial federal question.

Mr. Justice White, with whom Mr. Justice Brennan joins, dissenting.

The issue presented by this appeal from the Oregon Supreme Court is whether Oregon’s guest-passenger statute, Ore. Rev. Stat. § 30.115 (1975), violates either the Equal Protection or Due Process Clause of the Fourteenth Amendment. The statute, which prevents a nonpaying passenger from recovering against the owner or operator of a vehicle except in those situations in which the passenger’s injury is the result of an intentional or grossly negligent act on the part of the owner or operator, was upheld by the Oregon court on the basis of its earlier decisions sustaining the statute’s constitutionality. See Duerst v. Limbocker, 269 Ore. 252, 525 P. 2d 99 (1974); Salmon v. Miller, 269 Ore. 267, 525 P. 2d 104 (1974); Jenson v. Spencer, 269 Ore. 411, 525 P. 2d 153 (1974).

In 1929 this Court held that Connecticut’s guest statute did not violate the Equal Protection Clause, because it could not be said that “no grounds existfed] for the distinction” between gratuitous passengers in automobiles and those in other classes of vehicles. Silver v. Silver, 280 U. S. 117, 123 (1929). While that decision for a while foreclosed federal equal protection challenges to the guest statutes of the various States, in recent years the issue of the constitutional validity of these statutes has been frequently litigated in state courts with conflicting results. Since 1971 the highest courts of no fewer than 6 States have concluded that their guest statutes violated the Equal Protection Clause of the Fourteenth Amendment, while during the same period similar statutes have been upheld against federal constitutional attack in 10 States. Typical of those decisions striking down the guest statutes is Brown v. Merlo, 8 Cal. 3d 855, 506 P. 2d 212 (1973), in which the California Supreme Court concluded that the classifications created by the challenged statute between those denied and those permitted recovery for negligently inflicted injuries did not bear a substantial and rational relation to the statute’s purposes of protecting the hospitality of the host driver and of preventing collusive lawsuits. Silver v. Silver was expressly distinguished as involving different equal protection considerations. In contrast, the Oregon Supreme Court, among others, has held that the hospitality rationale does support the distinctions drawn by the State’s guest statute. Duerst v. Limbocker, supra.

As could be expected from the frequency of the consideration of this question by the state courts and from the contradictory results, the issue has been presented here several times in recent years. In each of the last three Terms, we have been asked to consider whether a state or federal court had correctly determined that a state guest statute did not violate the Equal Protection Clause, and on each occasion we declined to grant plenary consideration of the question. Sidle v. Majors, 536 F. 2d 1156 (CA7), cert. denied, 429 U. S. 945 (1976); White v. Hughes, 257 Ark. 627, 519 S. W. 2d 70, appeal dismissed for want of substantial federal question, 423 U. S. 805 (1975); Cannon v. Oviatt, 520 P. 2d 883 (Utah), appeal dismissed for want of substantial federal question, 419 U. S. 810 (1974).

It is significant that on two of these occasions the issue was presented here by means of appeal and that the constitutional grounds urged for invalidity were similar to those relied upon by those courts that have invalidated state guest statutes. We nevertheless dismissed in these two instances for want of a substantial federal question, thus ruling on the merits of the equal protection issue, Hicks v. Miranda, 422 U. S. 332 (1975), and rejecting the challenge to the statutes.

Such dismissals, however, may not serve their intended purpose, for on at least three occasions since our decision in Cannon v. Oviatt, supra, state courts have invalidated guest statutes on the same or very similar equal protection grounds found to be insubstantial in Cannon. Because the significant division among state courts persists despite Silver v. Silver, supra, and despite our more recent relevant dismissals, I would note probable jurisdiction and set this case for oral argument.

       Section 30.115 reads as follows:
      “No person transported by the owner or operator of a motor vehicle, an aircraft, a watercraft, or other means of conveyance, as his guest without payment for such transportation, shall have a cause of action for damages against the owner or operator for injury, death or loss, in case of accident, unless the accident was intentional on the part of the owner or operator or caused by his gross negligence or intoxication. As used in this section:
      “(1) ‘Payment’ means a substantial benefit in a material or business sense conferred upon the owner or operator of the conveyance and which is a substantial motivating factor for the transportation, and it does not include a mere gratuity or social amenity.
      “(2) 'Gross negligence’ refers to negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others.”

       In the following cases guest statutes were declared invalid on federal constitutional grounds: McGeehan v. Bunch, 88 N. M. 308, 540 P. 2d 238 (1975); Laakonen v. Eighth Judicial District Court, 91 Nev. 506, 538 P. 2d 574 (1975); Primes v. Tyler, 43 Ohio St. 2d 195, 331 N. E. 2d 723 (1975); Thompson v. Hagan, 96 Idaho 19, 523 P. 2d 1365 (1974); Henry v. Bauder, 213 Kan. 751, 518 P. 2d 362 (1974); Brown v. Merlo, 8 Cal. 3d 855, 506 P. 2d 212 (1973). In each of these cases, the statute was also invalidated on state constitutional grounds, but it is apparent that various equal protection cases in this Court, such as Jimenez v. Weinberger, 417 U. S. 628 (1974); Reed v. Reed, 404 U. S. 71 (1971); Glona v. American Guarantee & Liability Ins. Co., 391 U. S. 73 (1968), were read as requiring a different federal constitutional result from that announced in Silver v. Silver and were influential factors in arriving at the state-law conclusion.
      Additionally, in two cases guest statutes were invalidated on state constitutional grounds: Manistee Bank & Trust Co. v. McGowan, 394 Mich. 655, 232 N. W. 2d 636 (1975); Johnson v. Hassett, 217 N. W. 2d 771 (N. D. 1974).

       In the following cases guest statutes were upheld: Sidle v. Majors, 536 F. 2d 1156 (CA7), cert. denied, 429 U. S. 945 (1976); Behrns v. Burke, 89 S. D. 96, 229 N. W. 2d 86 (1975); White v. Hughes, 257 Ark. 627, 519 S. W. 2d 70, appeal dismissed for want of substantial federal question, 423 U. S. 805 (1975); Richardson v. Hansen, 186 Colo. 346, 527 P. 2d 536 (1974); Duerst v. Limbocker, 269 Ore. 252, 525 P. 2d 99 (1974); Cannon v. Oviatt, 520 P. 2d 883 (Utah), appeal dismissed for want of substantial federal question, 419 U. S. 810 (1974); Keasling v. Thompson, 217 N. W. 2d 687 (Iowa 1974); Justice v. Gatchell, 325 A. 2d 97 (Del. 1974); Tisko v. Harrison, 500 S. W. 2d 565 (Tex. Civ. App. 1973); Delany v. Badame, 49 Ill. 2d 168, 274 N. E. 2d 353 (1971).


text:
    No. 77-578.
    Briggs v. North Carolina.
   Appeal from C. A. 4th 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. 77-5329.
    Standow v. City of Spokane.
   Appeal from Sup. Ct. Wash, dismissed for want of substantial federal question.


text:
    No.---.
    Blanchette et al., Trustees of the Property of Penn Central Transportation Co. et al. v. U. S. Railway Assn. et al.
   Sp. Ct. R. R. R. A. Appeals dismissed without prejudice, it appearing that the appeals would not be in the interest of an expeditious conclusion to the proceedings.


text:
    No. A-259
    (O. T. 1976).
    Harris, Secretary of Housing and Urban Development, et al. v. Underwood et al.
   D. C. D. C. Motion of respondents to vacate stay heretofore entered by the Court on October 18, 1976 [429 U. S. 892, sub nom. Hills v. Underwood], denied.


text:
    No. A-433
    (76, Orig.).
    California v. Texas.
   Application for temporary restraining order and preliminary injunction, presented to Mr. Justice Powell, and by him referred to the Court, denied.


text:
    No. A-453.
    Briscoe, Governor of Texas, et al. v. Escalante et al.
   D. C. W. D. Tex. Motion to reconsider stay granted by this Court on December 5, 1977 [ante, p. 979] , and for other relief denied.


text:
    No. A-244.
    Jones v. United States.
   C. A. 10th Cir. Application for bail, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. 76-419.
    Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., et al.

      See also second note, supra, p. 989.

   C. A. D. C. Cir. [Certiorari granted, 429 U. S. 1090.] Motion of respondents for leave to file a brief after argument granted.

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


text:
    No. 76-709.
    Butz et al. v. Economou et al.
   C. A. 2d Cir. [Certiorari granted, 429 U. S. 1089.] Motion of respondents for leave to file a supplemental brief after argument granted.


text:
    No. 76-1471.
    No. 76-1521.
    No. 76-1595.
    No. 76-1604.
    No. 76-1624.
    No. 76-1685.
    Federal Communications Commission v. National Citizens Committee for Broadcasting et al.; Channel Two Television Co. et al. v. National Citizens Committee for Broadcasting et al.; National Association of Broadcasters v. Federal Communications Commission et al.; American Newspaper Publishers Assn. v. National Citizens Committee for Broadcasting et al.; Illinois Broadcasting Co., Inc., et al. v. National Citizens Committee for Broadcasting et al.; and Post Co. et al. v. National Citizens Committee for Broadcasting et al.
   C. A. D. C. Cir. [Certio-rari granted, ante, p. 815.] Motion of the Solicitor General, on behalf of all private petitioners, the Federal Communications Commission, and respondents United States and National Citizens Committee, for additional time granted, and a total of one and one-half hours allotted for oral argument.


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.] These cases are restored to the calendar for reargument.


text:
    No. 77-10.
    No. 77-11.
    No. 77-12.
    No. 77-47.
    No. 77-64.
    Exxon Corp. et al. v. Governor of Maryland et al.; Shell Oil Co. v. Governor of Maryland et al.; Continental Oil Co. et al. v. Governor of Maryland et al.; Gulf Oil Corp. v. Governor of Maryland et al.; and Ashland Oil, Inc., et al. v. Governor of Maryland et al.

      See also second note, supra, p. 989.

   Ct. App. Md. [Probable jurisdiction noted, ante, p. 814.] Motion of Charter Oil Co. et al. for leave to file a brief as amici curiae granted. Motion of Crown Central Petroleum Co. for leave to file a brief as amicus curiae in No. 77-10 granted.

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


text:
    No. 77-747.
    Allied Structural Steel Co. v. Spannaus, Attorney General of Minnesota, et al.
   Appeal from D. C. Minn. Motion of appellants to expedite consideration of appeal denied.


text:
    No. 77-5176.
    Franks v. Delaware.
   Sup. Ct. Del. [Certiorari granted, ante, p. 889.] Motion of American Civil Liberties Union for leave to file a brief as amicus curiae granted.


text:
    No. 77-365.
    United States et al. v. LaSalle National Bank et al.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 77-369.
    Furnco Construction Corp. v. Waters et al.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 77-567.
    New York State Parole Board et al. v. Coralluzzo.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 76-6268.
    Shima v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No 76-6990.
    Young v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-271.
    No. 77-279.
    St. Regis Paper Co. v. Royal Industries et al.; and Royal Industries et al. v. St. Regis Paper Co.
   C. A. 9th Cir. Certiorari denied. Reported below: 552 F. 2d 309.


text:
    No. 77-344.
    Heyn v. Louisiana State University, Agricultural and Mechanical College, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-428.
    Moody v. Payne, Commissioner of Insurance.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 77-545.
    General GMC Trucks, Inc. v. General Motors Corp. et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 77-562.
    Earley v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 77-585.
    Indiana et al. v. Choudhry.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-600.
    Lansing Board of Education et al. v. National Association for Advancement of Colored People et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-616.
    Hollywood, Inc. v. City of Hollywood.
   Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 77-625.
    Lewis, aka Kennedy v. Greyhound Lines-East et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-676.
    Thompson v. Board of Elections of Kenton County et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-692.
    Orsini v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5133.
    Kraut v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5173.
    Hawkins v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5259.
    Johnson v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-5261.
    Doyle v. Maggio, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5276.
    No. 77-5390.
    No. 77-5399.
    Campbell v. United States; Williams v. United States; and Williams et al. v. United States.
   C. A. 4th Cir. Certiorari denied. Reported below: 559 F. 2d 1213.


text:
    No. 77-5318.
    Minjares v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 77-5334.
    Wright v. Arkansas.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 77-5369.
    Paprskar v. Whiteside et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5384.
    Belt v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5388.
    Brown v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 77-5424.
    Searcy v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5445.
    Tinoco v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5490.
    Peeks v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5495.
    Taylor v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5543.
    Raitport v. Chemical Bank et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5562.
    Nichelson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5584.
    Forbes v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5614.
    Fairchild v. Municipal Court of California, Imperial County, Imperial Judicial District.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 77-5619.
    Massey v. Garner, Sheriff, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5622.
    Stocking v. Marsh et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5624.
    Warner et al. v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 77-5627.
    Dillard v. LaVallee, Correctional Superintendent, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5628.
    Dioquino v. Fair Employment Practice Commission of California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 77-5634.
    Speck v. Auger.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5637.
    Young v. Clanon, Penitentiary Superintendent, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5642.
    Thompson v. Vermillion et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5649.
    Edwards v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 77-5673.
    Whiteside v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5675.
    Harmer v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5681.
    Watson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5682.
    Brockman v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5683.
    Condo v. Sun Co. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5685.
    Place v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5689.
    Davis v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5691.
    No. 77-5694.
    Ramirez-Betancourt, aka Bravo v. United States; and Archbold-Newball v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 554 F. 2d 665.


text:
    No. 77-5697.
    Kosseff v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5699.
    Kelley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5714.
    Allen v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-5719.
    Lynch v. United States.
   C. A. 6th Cir. Certiorari denied.


author: Mr. Justice Brennan,

text:
    No. 77-211.
    Marler v. California.
   App. Dept., Super. Ct. Cal., County of San Diego. Certiorari denied.

Mr. Justice Brennan,

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

dissenting.

Petitioner was convicted in the San Diego Municipal Court of selling obscene materials in violation of Cal. Penal Code Ann. § 311.2 (West 1970), and his conviction was affirmed in an unpublished decision by the Appellate Department of the San Diego County Superior Court. I would reverse the conviction. I adhere to my view expressed in Miller v. California, 413 U. S. 15 (1973), that this statute is “unconstitutionally overbroad, and therefore invalid on its face.” Id., at 47 (Brennan, J., dissenting). See also Kuhns v. California, 431 U. S. 973 (1977) (Brennan, J., dissenting); Splawn v. California, 431 U. S. 595, 601 (1977) (Brennan, J., dissenting); Pendleton v. California, 423 U. S. 1068 (1976) (Brennan, J., dissenting); Sandquist v. California, 423 U. S. 900, 901 (1975) (Brennan, J., dissenting); Tobalina v. California, 419 U. S. 926 (1974) (Brennan, J., dissenting); Kaplan v. California, 419 U. S. 915 (1974) (Brennan, J., dissenting); Blank v. California, 419 U. S. 913 (1974) (Brennan, J., dissenting).


text:
    No. 77-249.
    Johansen v. California.
   App. Dept., Super. Ct. Cal., County of Los Angeles. Certiorari denied.

Mr. Justice Brennan,

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

dissenting.

Petitioner was convicted in the Whittier Municipal Court of exhibiting obscene materials in violation of Cal. Penal Code Ann. § 311.2 (West 1970), and his conviction was affirmed in an unpublished decision by the Appellate Department of the Los Angeles County Superior Court. I would reverse the conviction. I adhere to my view expressed in Miller v. California, 413 U. S. 15 (1973), that this statute is “unconstitutionally overbroad, and therefore invalid on its face.” Id., at 47 (Brennan, J., dissenting). See also Kuhns v. California, 431 U. S. 973 (1977) (Brennan, J., dissenting); Splawn v. California, 431 U. S. 595, 601 (1977) (Brennan, J., dissenting) ; Pendleton v. California, 423 U. S. 1068 (1976) (Brennan, J., dissenting); Sandquist v. California, 423 U. S. 900, 901 (1975) (Brennan, J., dissenting); Tobalina v. California, 419 U. S. 926 (1974) (Brennan, J., dissenting); Kaplan v. California, 419 U. S. 915 (1974) (Brennan, J., dissenting); Blank v. California, 419 U. S. 913 (1974) (Brennan, J., dissenting).


text:
    No. 77-503.
    Estelle, Corrections Director v. Potts.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-568.
    Maryland v. Kidd.
   Ct. App. Md. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-534.
    Chase v. Wald et al.
   C. A. 8th Cir. Certiorari denied.

Mr. Justice Stewart and Mr. Justice White would grant certiorari.


text:
    No. 77-576.
    Edwards et al. v. New York Times Co. et al.
   C. A. 2d Cir. Motions of Accuracy in Media, Inc., and Pacific Legal Foundation for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 77-5553.
    No. 77-5620.
    Brock v. Texas. Young v. Georgia.
   Ct. Crim. App. Tex.; and

Sup. Ct. Ga. Certio-rari denied. Reported below: No. 77-5553, 556 S. W. 2d 300; No. 77-5620, 239 Ga. 53, 236 S. E. 2d 1.

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. 76-1793.
    No. 76-6966.
    No. 77-265.
    No. 77-295.
    No. 77-328.
    No. 77-331.
    Sanders v. Kansas, Silo v. Kane, Attorney General of Pennsylvania, et al., Higginbottom v. Blumenthal, Secretary of the Treasury, Rafferty et al. v. Marcin, Trafficante v. United States, Mills v. Electric Auto-Lite Co. et al.,
   ante, p. 833;

ante, p. 852;

ante, p. 921;

ante, p. 899;

ante, p. 922; and

ante, p. 922. Petitions for rehearing denied.


text:
    No. 77-5025.
    No. 77-5408.
    No. 77-5464.
    Morgan v. United States, Banks v. Redevelopment Authority of the City of Philadelphia et al., Pryor v. Georgia,
   ante, p. 925;

ante, p. 929; and

ante, p. 935. Petitions for rehearing denied.


text:
    January 9, 1978
    No. 77-397.
    Scott, dba Slick Nick's v. Department of Alcoholic Beverage Control of California et al.
   Appeal from Ct. App. Cal,, 2d App. Dist., dismissed for want of substantial federal question.


text:
    No. 77-5375.
    Brantley v. Ricketts, Warden, et al.
   Appeal from Sup. Ct. Ga. dismissed for want of substantial federal question.


text:
    No. 77-5492.
    Henry et al. v. Flint River Mills.
   Appeal from Sup. Ct. Ga. Appeal dismissed for want of substantial federal question.


text:
    No. 77-410.
    City of Philadelphia et al. v. Securities and Exchange Commission et al.
   Appeal from D. C. E. D. Pa. dismissed for want of jurisdiction. MTM v. Baxley, 420 U. S. 799 (1975).


text:
    No. 77-644.
    Wild v. Otis et al.
   Appeal from Sup. Ct. Minn. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

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


text:
    No. 77-5525.
    Torres et al. v. Ramos, Secretary of Natural Resources, et al.
   Appeal from Sup. Ct. P. R. dismissed for want of jurisdiction.


text:
    No. 77-5623.
    Edens v. Califano, Secretary of Health, Education, and Welfare.
   Appeal from C. A. 4th 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. 77-5659.
    Bad Heart Bull et al. v. South Dakota.
   Appeal from Sup. Ct. S. D. Motion of appellants to dismiss information denied. Appeal dismissed for want of substantial federal question.


text:
    No. A-545 (77-885).
    Commissioner of Education of New Jersey et al. v. Board of Education of the North Hunterdon Regional High School, Township of Franklin, et al.
   Sup. Ct. N. J. Application for stay, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. A-563.
    Western Union International, Inc. v. Federal Communications Commission et al.
   Application for stay of mandate of the United States Court of Appeals for the Second Circuit and stay of orders and authorizations of the Federal Communications Commission, presented to' Mr. Justice Marshall, and by him referred to the Court, denied. Order heretofore entered by Mr. Justice Marshall on December 30, 1977, is vacated.


text:
    No. D-130.
    In re Disbarment of Spurlark.
   It is ordered that Royal E. Spurlark, Jr., 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. D-114.
    In re Disbarment of Consoldane.
    [For earlier order, see ante, p. 899.]
   Disbarment entered.


text:
    No. 76-1184.
    Malone, Commissioner of Labor and Industry for Minnesota v. White Motor Corp. et al.
   C. A. 8th Cir. [Probable jurisdiction noted, ante, p. 813.] Motions of Chamber of Commerce of the United States and American Federation of Labor and Congress of Industrial Organizations for leave to file briefs as amici curiae granted.

Mr. Justice Blackmun took no part in the consideration or decision of these motions.


text:
    No. 76-1471.
    No. 76-1521.
    No. 76-1595.
    No. 76-1604.
    No. 76-1624.
    No. 76-1685.
    Federal Communications Commission v. National Citizens Committee for Broadcasting et al.; Channel Two Television Co. et al. v. National Citizens Committee for Broadcasting et al.; National Association of Broadcasters v. Federal Communications Commission et al.; American Newspaper Publishers Assn. v. National Citizens Committee for Broadcasting et al.; Illinois Broadcasting Co., Inc., et al. v. National Citizens Committee for Broadcasting et al.; and Post Co. et al. v. National Citizens Committee for Broadcasting et al.
   C. A. D. C. Cir. [Certio-rari granted, ante, p. 815.] Motions of Office of Communication of the United Church of Christ et al. and National Emergency Civil Liberties Foundation for leave to file briefs as amici curiae granted.


text:
    No. 76-1484.
    No. 76-1600.
    Zurcher, Chief of Police of Palo Alto, et al. v. Stanford Daily et al.; and Bergna, District Attorney of Santa Clara County, et al. v. Stanford Daily et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 816.] Motion of National Association of Criminal Defense Lawyers, Inc., for leave to participate in oral argument as amicus curiae denied.


text:
    No. 76-1650.
    No. 77-56.
    Ohralik v. Ohio State Bar Assn. In re Smith.
   Sup. Ct. Ohio; and

Sup. Ct. S. C. [Probable jurisdiction noted, ante, p. 814.] Motion of Public Citizen et al. for leave to participate in oral argument as amici curiae denied.


text:
    No. 76-1726.
    Mobil Oil Corp. v. Higginbotham, Administratrix, et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 816.] Motion of respondents for divided argument denied.


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 to compel the Solicitor General to file brief for the United States granted.


text:
    No. 76-1796.
    Ottoboni et al. v. United States,
   ante, p. 930. The Solicitor General is invited to file a response to motion for leave to file petition for rehearing within 30 days.


text:
    No. 77-10.
    No. 77-11.
    No. 77-12.
    No. 77-47.
    No. 77-64.
    Exxon Corp. et al. v. Governor of Maryland et al.; Shell Oil Co. v. Governor of Maryland et al.; Continental Oil Co. et al. v. Governor of Maryland et al.; Gulf Oil Corp. v. Governor of Maryland et al.; and Ashland Oil, Inc., et al. v. Governor of Maryland et al.
   Ct. App. Md. [Probable jurisdiction noted, ante, p. 814.] Motions of National Congress of Petroleum Retailers and Day Enterprises, Inc., et al. for leave to file briefs as amici curiae granted. Motion of Day Enterprises, Inc., et al. for leave to participate in oral argument as amici curiae denied.

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


text:
    No. 76-1750.
    Stump et al. v. Sparkman et vir.
   C. A. 7th Cir. [Certiorari granted, ante, p. 815.] Motions of American Coalition of Citizens with Disabilities et ah, American Civil Liberties Union et ah, and National Center for Law and the Handicapped, Inc., for leave to file briefs as amici curiae granted. Motion of petitioners for divided argument denied.


text:
    No. 77-25.
    No. 77-37.
    No. 77-42.
    Flagg Bros., Inc., et al. v. Brooks et al.; Lefkowitz, Attorney General of New York v. Brooks et al.; and American Warehousemen's Assn. et al. v. Brooks et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 817.] Motions of New York State Consumer Protection Board and Legal Aid Society of New York City for leave to file briefs as amici curiae granted.


text:
    No. 77-653.
    Swisher, State’s Attorney for Baltimore City, et al. v. Brady et al.
   D. C. Md. [Probable jurisdiction noted, ante, p. 963.] Motion of appellees for appointment of counsel granted, and it is ordered that Peter S. Smith, Esquire, of Baltimore, Md., be appointed to serve as counsel in this case.


text:
    No. 77-5582.
    Randall v. United States.
   C. A. D. C. Cir. Motion of petitioner to consolidate with No. 76-1596, United States v. Mauro [certiorari granted, ante, p. 816], denied.


text:
    No. 77-615.
    No. 77-5516.
    No. 77-5677.
    No. 77-5703.
    Keyes et ux. v. District of Columbia Court of Appeals et al.; Beachem v. United States et al.; Corley v. Johnson, Judge; and Stacy v. Karl, Associate Justice, Supreme Court of Florida.
   Motions for leave to file petitions for writs of mandamus denied.


text:
    No. 77-528.
    Federal Communications Commission v. Pacifica Foundation et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 77-677.
    Owen Equipment & Erection Co. v. Kroger, Administratrix.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 77-693.
    Will, U. S. District Judge v. Calvert Fire Insurance Co. et al.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 77-510.
    United States v. New Mexico.
   Sup. Ct. N. M. Motion of National Wildlife Federation et al. for leave to file a brief as amici curiae and certiorari granted.


text:
    No. 77-529.
    Wise, Mayor of Dallas, et al. v. Lipscomb et al.
   C. A. 5th Cir. Motion of respondents for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 77-598.
    Greyhound Corp. et al. v. Mt. Hood Stages, Inc., dba Pacific Trailways.
   C. A. 9th Cir. Certiorari granted limited to Question 3 presented by the petition.


text:
    No. 76-1157.
    Southwestern Bell Telephone Co. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-1375.
    Zinger v. Blanchette et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-1609.
    Indiana v. Scottsdale Mall.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-1645.
    General Dynamics Corp. v. Bullock, Comptroller of Public Accounts of Texas, et al.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 76-6983.
    Keefer v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 77-63.
    Cooper v. Tax Commission of Utah.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 77-79.
    Equal Employment Opportunity Commission v. Children’s Hospital of Pittsburgh.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-143.
    Mango v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-164.
    No. 77-169.
    Leppo v. United States; and Goldstein v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 552 F. 2d 1156.


text:
    No. 77-214.
    Atkins et al. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-217.
    Bageris v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-237.
    Netterville v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-252.
    Rivera v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 77-275.
    No. 77-291.
    Arthur Lipper Corp. et al. v. Securities and Exchange Commission; and Securities and Exchange Commission v. Arthur Lipper Corp. et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 547 F. 2d 171.


text:
    No. 77-294.
    Oliva v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 77-296.
    Hestnes v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-321.
    Upper West Fork River Watershed Assn. v. Corps of Engineers, U. S. Army, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-333.
    Wellham et al. v. Union Bank et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-337.
    No. 77-500.
    Castor et al. v. United States; and Dein v. United States et al.
   C. A. 7th Cir. Certiorari denied. Reported below: 558 F. 2d 379.


text:
    No. 77-338.
    Wetzel et al. v. Liberty Mutual Insurance Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-357.
    Patty v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 77-368.
    Berdick v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-381.
    Atkinson v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 77-396.
    Pacelli v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-406.
    No. 77-434.
    California et al. v. Federal Communications Commission et al.; and National Association of Regulatory Utility Commissioners v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied. Reported below: 185 U. S. App. D. C. 217, 567 F. 2d 84.


text:
    No. 77-416.
    Gardner v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-425.
    Gibson, Sheriff v. Small.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-429.
    Fry et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-431.
    Lewis v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-458.
    Ward v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 77-470.
    Chauffeurs, Teamsters & Helpers Local Union No. 391 v. Pilot Freight Carriers, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-473.
    District No. 9, International Association of Machinists & Aerospace Workers v. Schultz et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-474.
    Jefferson Parish School Board v. City Park Improvement Assn. et al.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 77-478.
    Pennsylvania et al. v. Interstate Commerce Commission et al.
   C. A. D. C. Cir., No. 76-2153. Certiorari denied.


text:
    No. 77-480.
    Local 259, United Automobile, Aerospace & Agricultural Implement Workers of America v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-484.
    Cochran v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-486.
    McCorkle v. United States et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-488.
    Sea-Land Service, Inc. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 77-489.
    City of Willcox et al. v. Federal Energy Regulatory Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-490.
    Barter et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-505.
    Irwin v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-540.
    Moore et al. v. Hampton Roads Sanitation District Commission et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-542.
    Furrate v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-548.
    Berlin et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-564.
    Huntington Towers, Ltd., et al. v. Federal Reserve Bank of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-572.
    Jenks v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-577.
    Coleman et al. v. Rice, Director, Department of Alcoholic Beverage Control of California, et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-594.
    Stone v. Export-Import Bank of the United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-597.
    Hoover et ux. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-601.
    Fouke Co. v. Animal Welfare Institute et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-607.
    Clark v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 77-608.
    Nizer et al. v. Meeropol et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-609.
    Andre et al. v. Board of Trustees of the Village of Maywood, Cook County, Illinois, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-611.
    Kwang-Wei Han v. Anderson Air Conditioning, Inc.
   App. Dept., Super. Ct. Cal., County of Orange. Certiorari denied.


text:
    No. 77-612.
    United Mine Workers of America v. Nedd et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-617.
    Terminal-Hudson Electronics, Inc., dba Opti-Cal v. Dundas et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 77-618.
    Bramblett v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 77-619.
    International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Pilot Freight Carriers, Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-620.
    Guyton v. Ohio.
   Ct. App. Ohio, Summit County. Certiorari denied.


text:
    No. 77-626.
    Columbus Municipal Separate School District et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-627.
    Austin National Bank, Guardian v. Norton et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-629.
    Leach et al. v. Sawicki, Judge.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 77-632.
    Murray et al. v. Wagle.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-640.
    Laird et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-647.
    Yette v. Newsweek Magazine et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-649.
    Demopolis City School System v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-650.
    Spencer v. Skelton et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 77-655.
    Crouch v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-666.
    Vesco & Co., Inc. v. International Controls Corp.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-679.
    Vale v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-680.
    Wall Street Transcript Corp. et al. v. Wainwright Securities, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-696.
    Johnson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-700.
    Evans et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-702.
    AMREP Corp. et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-703.
    Sinclair v. Spatocco et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-704.
    Gibbs v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-711.
    Millet v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-718.
    Townsend v. Nassau County Medical Center et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-720.
    Rosner v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-735.
    Anzalone v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-756.
    Johnson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-775.
    Marchand v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-797.
    La Morder v. La Morder.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-807.
    Phelps v. Christison, Trustee in Bankruptcy, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-824.
    Davis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5250.
    Linkletter v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 77-5271.
    Flowers v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5287.
    Blevins v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5328.
    Hilliard v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5332.
    Beasley et al. v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 77-5333.
    Taliaferro v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5337.
    Dawson et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5340.
    Casebeer v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5358.
    Schillaci v. Smith et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5360.
    Robinson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5371.
    Falcone v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5373.
    Miller v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 77-5378.
    Schick v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5379.
    Hodges v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5382.
    Juzenas v. City of Southfield.
   Cir. Ct., Oakland County, Mich. Certiorari denied.


text:
    No. 77-5387.
    Rudman v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-5397.
    Allen v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5403.
    Trudo v. United States Parole Commission.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5414.
    McMillan v. Hopper, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5418.
    Brooks v. Missouri.
   Ct. App. Mo., St. Louis Dist. Certiorari denied.


text:
    No. 77-5426.
    Heath v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5428.
    Bruce v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5454.
    Kelly v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5455.
    Nichols v. Treffert et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5460.
    Williams v. Florida.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 77-5506.
    Gates v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5508.
    Woodson v. Arnold, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5509.
    Dillingham v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5532.
    Ramirez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5540.
    Robinson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5560.
    Gaulden v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 77-5593.
    Reese v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5598.
    Franklin v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 77-5601.
    Greene v. Hogan, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5615.
    Green v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5643.
    Morales v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5644.
    Jenkins v. District of Columbia.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-5646.
    Thompson v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 77-5648.
    Cruz et al. v. Ward, Correctional Commissioner, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5650.
    Burrell v. Aaron, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5651.
    Ham v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 77-5652.
    Reiter v. City of Keene et al.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 77-5654.
    Sellars v. California et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 77-5655.
    Ingram v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5656.
    Christopher v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5664.
    Meier v. Sandefur et al.
   Ct. App. Ind. Certiorari denied.


text:
    No. 77-5665.
    Carroll v. Turner et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5670.
    Martin v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5674.
    Carson v. Elrod, Director, Department of Social Services of Virginia Beach, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5676.
    Beard v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5678.
    Quraishi v. Nyquist, Commissioner of Education of New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 77-5679.
    Young v. Clanon, Medical Facility Superintendent, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5686.
    Stone v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5680.
    Wright v. Oklahoma et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5696.
    Timmins v. Gore Newspapers Co., Inc.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 77-5700.
    No. 77-5704.
    No. 77-5705.
    No. 77-5707.
    Hamilton v. United States; Christopher v. United States; Christopher et al. v. United States; and Bryant v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 557 F. 2d 1064.


text:
    No. 77-5712.
    Berard v. Hogan, Corrections Commissioner.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5716.
    Sanders v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5717.
    Nicholas v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5718.
    Jackson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5722.
    Wilson v. Volkswagen of America, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5723.
    Taylor v. Riddle, Correctional Superintendent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5726.
    Dixon v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5729.
    Vasarab v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5739.
    Holt v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5745.
    Hall v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 77-5752.
    Covington et al. v. Ford, Judge.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 77-5765.
    Johnson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5788.
    Wilson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5795.
    Dorsey v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5796.
    Vasquez-Cazares v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5799.
    Ramos v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5800.
    Mancil v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5810.
    Jones et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5812.
    Ford v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5813.
    Elliott v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5815.
    Smith v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5816.
    Carter v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5818.
    Hartford v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5821.
    Hines v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5823.
    Hale, aka Smith v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5830.
    Clayton v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5835.
    Swets et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-5844.
    Aguilar-Garcia v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5847.
    Graham v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 76-1451.
    Rogers et al. v. Exxon Research & Engineering Co.
   C. A. 3d Cir. Certiorari denied.

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


text:
    No. 77-26.
    No. 77-32.
    Chin v. United States; and Chin v. United States.
   C. A. 2d Cir. Motions of Asian-American Legal Defense & Education Fund and Asian Law Caucus, Inc., et al. for leave to file briefs as amici curiae granted. Certiorari denied. Reported below: 556 F. 2d 560.


text:
    No. 77-263.
    Central South Carolina Chapter, Society of Professional Journalists, Sigma Delta Chi, et al. v. Martin, U. S. District Judge, et al.
   C. A. 4th Cir. Cer-tiorari denied.

Mr. Justice White and Mr. Justice Powell would grant certiorari.


text:
    No. 77-322.
    Hogan v. Illinois ex rel. Kunce, Judge.
   Sup. Ct. Ill. Certiorari denied.

Mr. Justice White, Mr. Justice Marshall, and Mr. Justice Blackmun would grant certiorari.


text:
    No. 77-383.
    International Amusements, dba Adult Book & Cinema Store, et al. v. Utah.
   Sup. Ct; Utah. Cer-tiorari denied.

Mr. Justice Brennan,

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

dissenting.

Petitioners were convicted following a jury trial in the District Court for Weber County, Utah, for distributing pornographic material in violation of ch. 49, §§ 1 and 4, 1975 Utah Laws (formerly codified at 8 Utah Code Ann. §§ 76-10-1203 and 76-10-1204 (Supp. 1975), current version at Utah Crim. Code §§ 76-10-1203 and 76-10-1204 (1977)). The conviction was affirmed by the Utah Supreme Court. 565 P. 2d 1112 (1977).

Section 76-10-1204 provided in pertinent part at the time of the alleged offense as follows:

“(1) A person is guilty of distributing pornographic material when he knowingly:
“(c) Distributes or offers to distribute, exhibits or offers to exhibit, any pornographic material to others . . .

As used in § 76-10-1204, “pornographic material” was defined by § 76-10-1203 as follows:

“(a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;
“(b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
“ (c) Taken as a whole it does not have serious literary, artistic, political or scientific value.
“(2) In any prosecution dealing with an offense relating to pornographic material or performances, or dealing in harmful material, the question whether material or a performance appeals to prurient interest in sex shall be determined with reference to average adults or average minors as the case may be.
"(3) Neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the pornographic character of the material or performance which is the subject of a prosecution under this part.”

I adhere to my view that “at least in the absence of distribution to juveniles or obtrusive exposure to unconsenting adults, the First and Fourteenth Amendments prohibit the State and Federal Governments from attempting wholly to suppress sexually oriented materials on the basis of their allegedly 'obscene’ contents.” Paris Adult Theatre I v. Slaton, 413 U. S. 49, 113 (1973) (Brennan, J., dissenting). It is clear that, tested by that constitutional standard, § 76-10-1204, as it incorporated the definition of “pornographic material” of § 76-10-1203, was constitutionally overbroad and therefore invalid on its face. For the reasons stated in my dissent in Miller v. California, 413 U. S. 15, 47 (1973), I would therefore grant certiorari, and, since the judgment of the Utah Supreme Court was rendered after Miller, reverse. In that circumstance, I have no occasion to consider whether the other questions presented merit plenary review. See Heller v. New York, 413 U. S. 483, 495 (1973) (Brennan, J, dissenting).


text:
    No. 77-624.
    Nestler et al. v. Exxon Corp.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 77-683.
    Miller Brewing Co. v. G. Heileman Brewing Co., Inc.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 77-662.
    L. & J. Press Corp. v. Murphy et al.
   C. A. 8th Cir. Certiorari and/or motion for leave to file petition for writ of mandamus denied.


text:
    No. 77-682.
    Village of Arlington Heights et al. v. Metropolitan Housing Development Corp. et al.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 77-5427.
    Bossinger et al. v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.

Mr. Justice Powell would grant certiorari.


text:
    No. 76-1057.
    No. 76-1684.
    No. 76-6839.
    No. 76-6909.
    No. 76-6974.
    No. 77-370.
    No. 77-374.
    No. 77-385.
    No. 77-415.
    No. 77-437.
    Key et al. v. Doyle et al., Super Tire Engineering Co. et al. v. McCorkle, Commissioner, Department of Institutions and Agencies of New Jersey, et al., Downing v. District Attorney of Northampton County, Rosario v. LaVallee, Correctional Superintendent, DeVaughn v. United States, Kenny et al. v. City of Philadelphia; and MacDonald et al. v. City of Philadelphia, Sloan v. Bonime et al., Davis v. Davis, Salyers v. Board of Governors of State Colleges and Universities of Illinois et al., Martinez et al. v. United States,
   ante, p. 59;

ante, p. 827;

ante, p. 846 ;

ante, p. 849;

ante, p. 954;

ante, p. 923;

ante, p. 924;

ante, p. 939;

ante, p. 924; and

ante, p. 924. Petitions for rehearing denied.


text:
    No. 77-517.
    No. 77-5026.
    No. 77-5235.
    No. 77-5438.
    No. 77-5498.
    No. 77-5514.
    No. 77-5542.
    No. 77-5558.
    No. 77-5618.
    Dolwig v. United States, Witt v. Florida, Warriner v. Florida et al., Crum v. Walter H. Bryan, Inc., et al., Stuart v. Arkansas, Smith v. White Stores, Inc., Zilka v. Walker et al., West v. Smith, Baloun v. United States,
   ante, p. 956;

ante, p. 935;

ante, p. 870;

ante, p. 942;

ante, p. 942;

ante, p. 958;

ante, p'. 973;

ante, p. 973; and

ante, p. 974. Petitions for rehearing denied.


text:
    No. 75-855.
    No. 77-290.
    Brown v. United States District Court for the Northern District of Texas et al., Cole v. United States,
   424 U. S. 906; and

ante, p. 943. Motions for leave to file petitions for rehearing denied.


author: MR- Justice White,

text:
    January 16, 1978
    No. 77-422.
    No. 77-543.
    National Education Assn. et al. v. South Carolina et al.; and United States v. South Carolina et al.
   Affirmed on appeal from D. C. S. C.

Mr. Justice Marshall and Mr. Justice Blackmun took no part in the consideration or decision of these appeals.

Reported below: 445 F. Supp. 1094.

MR- Justice White,

with whom Mr. Justice Brennan joins,

dissenting.

For many years, South Carolina has used the National Teachers’ Examinations (NTE) in hiring and classifying teachers, despite the advice of its authors that it should not be used as the State uses it and despite the fact that it serves to disqualify a greater proportion of black applicants than white and to place a greater percentage of black teachers in lower paying classifications. For example, the new test score requirements contained in the 1976 revision of the State’s plan will disqualify 83% of black applicants, but only 17.5% of white applicants; and 96% of the newly certified candidates permitted to teach will be white' teachers.

This litigation began when the United States brought suit challenging the use of the NTE under both the Constitution and Title VII of the Civil Rights Act of 1964. The District Court upheld the State’s use of the test and rejected both claims. Not only had plaintiffs failed to prove a racially discriminatory purpose in the State’s uses of the NTE but, in the view of the District Court, the State had carried its burden of justifying the test despite its disparate racial impact.

The State’s evidence in this regard consisted of a validation study prepared by the authors of the test at the request of the State. The District Court deemed the study sufficient to validate the NTE, even though the validation was not in relation to job performance and showed at best that the test measured the familiarity of the candidate with the content of certain teacher training courses.

Washington v. Davis, 426 U. S. 229 (1976), was thought by the District Court to have warranted validating the test in terms of the applicant’s training rather than against job requirements; but Washington v. Davis, in this respect, held only that the test there involved, which sought to ascertain whether the applicant had the minimum communication skills necessary to understand the offerings in a police training course, could be used to measure eligibility to enter that program. The case did not hold that a training course, the completion of which is required for employment, need not itself be validated in terms of job relatedness. Nor did it hold that a test that a job applicant must pass and that is designed to indicate his mastery of the materials or skills taught in the training course can be validated without reference to the job. Tests supposedly measuring an applicant’s qualifications for employment, if they have differential racial impact, must bear some “manifest relationship to the employment in question,” Griggs v. Duke Power Co., 401 U. S. 424, 432 (1971), and it is insufficient for the employer “to' demonstrate some rational basis for the challenged practices.” Washington v. Davis, supra, at 247.

The District Court here held that no other measures would satisfy the State’s interest in obtaining qualified teachers and paying them fairly. But only two' other States use the NTE for initial certification and South Carolina is the only State which uses the NTE in determining pay. Furthermore, the authors of the test themselves advise against using it for determining the pay for experienced teachers and believe that the NTE should not be the sole criterion for initial certification.

The question here is not merely whether the District Court, applying correct legal standards, reached the correct conclusion on the record before it, but whether the court was1 legally correct in holding that the NTE need not be validated against job performance and that the validation requirement was satisfied by a study which demonstrated only that a trained person could pass the test.

I therefore dissent from the Court’s summary affirmance and would set the case for oral argument.


author: Mr. Justice Rehnquist,

text:
    No. 77-450.
    Pressler, Member, U. S. House of Representatives v. Blumenthal, Secretary of the Treasury, et al.
   Appeal from D. C. D. C. Motion of James M. Jef-fords et al. for leave to file a brief as amici curiae granted. Judgment affirmed.

Mr. Justice Rehnquist,

concurring.

In joining the summary affirmance of the judgment of the District Court in this case, I think it important to point out that such affirmance does not necessarily reflect this Court’s agreement with the conclusion reached by the District Court on the merits of the Ascertainment Clause question. The District Court decided that appellant did have standing to litigate this issue by virtue of the fact that he was a Member of Congress, but decided the issue against him on the merits. Our “unexplicated affirmance” without opinion could rest as readily on our conclusion that appellant lacked standing to litigate the merits of the question as it could on agreement with the District Court’s resolution of the merits of the question.


text:
    No. 77-524.
    Moritt v. Governor of New York et al.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 77-574.
    In re Murray.
   Appeal from Sup. Ct. Ind. dismissed for want of substantial federal question.


text:
    No. 77-582.
    Chase Brass & Copper Co., Inc. v. Franchise Tax Board of California.
   Appeal from Ct. App. Cal., 1st App. Dist., dismissed for want of substantial federal question.


text:
    No. 77-749.
    A. P. F. v. C. M. C., a Minor, by Conway, et al.
   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.


text:
    No. 77-5740.
    In re Del Rio, Judge.
   Appeal from Sup. Ct. Mich, dismissed for want of substantial federal question.


text:
    No. 77-459.
    Haas v. United States.
   C. A. 5th Cir. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of the position presentedly asserted by the Solicitor General in his memorandum filed December 22, 1977.


text:
    No. 77-508.
    GTE Sylvania, Inc., et al. v. Consumers Union of the United States, Inc., et al.
   C. A., D. C. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the permanent injunction entered by the United States District Court for the District of Delaware on December 8, 1977.


text:
    No. 77-631.
    Costle, Administrator, Environmental Protection Agency, et al. v. Republic Steel Corp. et al.
   C. A, 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pub. L. 95-217, 91 Stat. 1566 (Dec. 27, 1977).


text:
    No. 76-653.
    No. 76-762.
    No. 76-769.
    No. 76-774.
    Allied-General Nuclear Services et al. v. Natural Resources Defense Council, Inc., et al.; Commonwealth Edison Co. et al. v. Natural Resources Defense Council, Inc., et al.; Westinghouse Electric Corp. v. Natural Resources Defense Council, Inc., et al.; and Baltimore Gas & Electric Co. et al. v. Natural Resources Defense Council, Inc., et al.
   C. A. 2d Cir. [Certiorari granted 430 U. S. 944.] Judgment vacated and cases remanded to consider question of mootness.

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

Reported below: '539 F. 2d 824.


text:
    No. 54,
    Orig.
    United States v. Florida et al.
   Upon consideration of the Report of the Special Master and the joint motion to dismiss, it is ordered that this case be dismissed. [For earlier order herein, see, e. g., 430 U. S. 140.]


text:
    No. 75,
    Orig.
    Idaho et al. v. Vance, Secretary of State, et al.
   Motion of plaintiffs to strike brief in opposition, or in the alternative for an allowance of time to respond, denied. Motion for leave to file bill of complaint denied.


text:
    No. 75-1690.
    No. 76-1193.
    Parham, Commissioner, Department of Human Resources of Georgia, et al. v. J. L. et al. United States v. Jacobs, aka “Mrs. Kramer.”
   D. C. M. D. Ga. [Probable jurisdiction noted, 431 U. S. 936]; and

C. A. 2d Cir. [Certiorari granted, 431 U. S. 937.] Cases restored to calendar for reargument.


text:
    No. 76-1484.
    No. 76-1600.
    Zurcher, Chief of Police of Palo Alto, et al. v. Stanford Daily et al.; and Bergna, District Attorney of Santa Clara County, et al. v. Stanford Daily et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 816.] Motion of Reporters Committee for Freedom of the Press et al. for leave to participate in oral argument as amici curiae denied. Motion of respondents to continue oral argument denied.


text:
    No. 76-1596.
    No. 77-52.
    United States v. Mauro et al. United States v. Ford.
   C. A. 2d Cir. [Certiorari granted, ante, p. 816]; and

C. A. 2d Cir. [Cer-tiorari granted, ante, p. 816.] Motion of the Solicitor General to consolidate these cases for oral argument denied.


text:
    No. 76-6767.
    Scott et al. v. United States.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 888.] Motion of Chloe V. Daviage for leave to participate in oral argument as amicus curiae denied. Motion of petitioners for divided argument denied.


text:
    No. 76-1560.
    United States v. United States Gypsum Co. et al.
   C. A. 3d Cir. '[Certiorari granted, ante, p. 815.] Motion of respondents for additional time for oral argument granted and 10 additional minutes allotted for that purpose. The United States also allotted 10 additional minutes for oral argument.

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


text:
    No. 77-117.
    National Broiler Marketing Assn. v. United States.
   C. A. 5th Cir. [Certiorari granted, ante, p. 888.] Motion of American Farm Bureau Federation for leave to file a brief as amicus curiae granted.


text:
    No. 77-285.
    California et al. v. United States.
   C. A. 9th Cir. [Certiorari granted, ante, p. 984.] Motion of petitioners for additional time for oral argument granted and 15 additional minutes allotted for that purpose. The United States also allotted 15 additional minutes for oral argument.


text:
    No. 77-689.
    Indiana & Michigan Electric Co. v. City of Mishawaka, Indiana, et al.
   C. A. 7th Cir. The Solicitor General is invited to file a brief in, this case expressing the views of the United States.


text:
    No. 77-5710.
    Speights v. Bue, U. S. District Judge.
   Motion for leave to file petition for writ of mandamus and/or prohibition denied.


text:
    No. 77-575.
    No. 77-836.
    John et al. v. Mississippi. United States v. John et al.
   Appeal from Sup. Ct. Miss.; and

C. A. 5th Cir. Motion of Mississippi Band of Choctaw Indians for leave to file a brief in No. 77-575 as- amicus curiae granted. In No. 77-575, further consideration of question of jurisdiction postponed to hearing of case on the merits. In No. 77-836, cer-tiorari granted. Cases consolidated and a total of one hour allotted for oral argument. Reported below: No. 77-575, 347 So. 2d 959; No. 77-836, 560 F. 2d 1202.


text:
    No. 77-152.
    Beth Israel Hospital v. National Labor Relations Board.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 77-642.
    Parker, Acting Commissioner of Patents and Trademarks v. Flook.
   C. C. P. A. Certiorari granted.


text:
    No. 76-1464.
    University of Chicago and Argonne v. McDaniel.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-246.
    Turley v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-483.
    Saffron v. Department of the Navy et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-521.
    General Motors Corp. v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-581.
    R. H. Macy & Co., Inc., et al. v. United States District Court for the Eastern District of Michigan (Microelectronic Systems Corporation of America, Real Party in Interest).
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-587.
    Harr et vir v. Prudential Federal Savings & Loan Assn.; and Harr et al. v. Federal Home Loan Bank Board.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-599.
    Parkhill-Goodloe Co., Inc., et al. v. McIntosh et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-613.
    Nolan v. National Transportation Safety Board.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 77-639.
    City of Hartford et al. v. Town of Glastonbury et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-660.
    Bynum v. Alabama.
   Ct. Grim. App. Ala. Certiorari denied.


text:
    No. 77-664.
    Hinish v. Somers.
   Ct. Sp. App. Md. Cer-tiorari denied.


text:
    No. 77-670.
    Stockham Valves & Fittings, Inc. v. James et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-675.
    Ring v. Waddington, Director of Motor Vehicles of New Jersey, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-678.
    Atlantic Shipping, Inc. v. Edynak et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-698.
    Van Cura v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 77-699.
    Carson v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 77-701.
    Arthurs v. Stern, Executive Secretary, Board of Registration and Discipline in Medicine of Massachusetts, et al.
   C. A. 1st Cip Certiorari denied.


text:
    No. 77-705.
    Browning-Ferris Industries, Inc. v. Tiger Trash, a Division of Joe W. Morgan, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-706.
    Bennett et al. v. Kiggins et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 77-709.
    Weinberger v. Equifax, Inc. (formerly Retail Credit Co.).
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-712.
    Marvin v. Central Gulf Lines, Inc. (formerly Central Gulf Steamship Corp.).
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-717.
    No. 77-727.
    Gross v. Newburger, Loeb & Co. et al.; and Finley, Kumble, Wagner, Heine, Underberg & Grutman v. Gross et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 563 F. 2d 1057.


text:
    No. 77-738.
    Stull v. Bayard et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 77-739.
    Gurtenstein v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-741.
    Mizokami Bros. of Arizona, Inc. v. Baychem Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-745.
    Owens-Illinois, Inc. v. Schultz et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-748.
    Burlington Northern, Inc. v. Torchia.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 77-750.
    D’Angelo, Receiver v. Petroleos Mexicanos.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-766.
    Albert v. First National Bank & Trust Company of Marquette, Executor.
   Ct. App. Mich. Cer-tiorari denied.


text:
    No. 77-767.
    International Brotherhood of Electrical Workers, AFL-CIO, CLC, Local Union No. 1805 v. Westinghouse Electric Corp., Aerospace Division.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-817.
    Brisendine et al. v. National Movie-Dine, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-820.
    Chases v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-821.
    Chases v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-825.
    Tucker v. Hartford National Bank & Trust Co.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 77-840.
    Nieves v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-876.
    Wright v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5214.
    Perez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5312.
    Sweetwine v. Warden, Maryland State Penitentiary.
   Baltimore City Ct. Certiorari denied.


text:
    No. 77-5389.
    Fearon v. New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. .Certiorari denied.


text:
    No. 77-5406.
    Adams v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 77-5431.
    Tyler v. Dyer, Clerk, Circuit Court of Platte County.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5447.
    Lipscomb v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5452.
    Diaz v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 77-5461.
    Partyka v. United States.
   C., A. 8th Cir. Certiorari denied.


text:
    No. 77-5468.
    Douglas v. Warden, Petersburg Federal Reformatory, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5469.
    Blackwell v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5555.
    Breeden v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 77-5563.
    Sasiadek v. United States Veterans’ Administration Board of Veterans’ Appeals et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5571.
    Tennent v. Aucoin, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5577.
    Roden v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 77-5591.
    McCracken v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5626.
    Dudek, aka Landers v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5658.
    Rollins v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5663.
    LyDay v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5698.
    Gale v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 77-5738.
    Nathaniel v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5741.
    Gates v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5743.
    Blake v. Thompson, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 77-5749.
    Gladney v. Colorado.
   Sup. Ct. Colo. Cer-tiorari denied.


text:
    No. 77-5753.
    Greer v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 77-5756.
    Layne v. Gunter.
   C. A. 1st Cir. Certio-rari denied.


text:
    No. 77-5758.
    Joplin v. Garrett.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 77-5759.
    Stegmann v. Garrison.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 77-5761.
    Holsey v. Greif et al.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 77-5764.
    Ash v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5766.
    Degler v. Mabry, Correction Commissioner.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 77-5767.
    Santana v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 77-5783.
    Kincade v. Hopper, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5770.
    Golston v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 77-5773.
    Mann, Trustee in Bankruptcy v. Chrysler Corp.
   C. A. 8th Cir. Certiorari denied. •


text:
    No. 77-5779.
    Jones v. Israel, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 77-5793.
    Talton v. Robinson, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5794.
    Fivecoat v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 77-5802.
    Tinder v. Massachusetts.
   Municipal Ct., West Roxbury Dist. Certiorari denied.


text:
    No. 77-5829.
    Salazar v. Colorado.
   Ct. App. Colo. Cer-tiorari denied.


text:
    No. 77-5833.
    Vilensky v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-5851.
    Beverly v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-5853.
    Sanchez-Huerta v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No 77-5860.
    Sacco v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 77-5899.
    Sedule v. Capital School District et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 77-5896.
    Crane v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 77-189.
    No. 77-219.
    Watson v. United States; and Plumlee v. United States.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Stewart would grant certiorari.

Reported below: 554 F. 2d 474.


text:
    No. 77-420.
    No. 77-421.
    No. 77-436.
    United States Independent Telephone Assn. v. MCI Telecommunications Corp. et al.; American Telephone & Telegraph Co. v. MCI Telecommunications Corp. et al.; and Federal Communications Commission v. MCI Telecommunications Corp. et al.
   C. A. D. C. Cir. Motions of National Association of Regulatory Utility Commissioners, Tennessee Public Service Commission, and Public Service Commission of the District of Columbia et al. for leave to file briefs in No. 77-436 as amici curiae granted. Motion of the State of Michigan et al. for leave to file a brief as amici curiae in all three cases granted. Certiorari denied.

Mr. Justice Stewart and Mr. Justice Powell would grant certiorari in these cases.

Reported below: 182 U. S. App. D. C. 367, 561 F. 2d 365.


text:
    No. 77-512.
    Morford, Acting Warden v. Elliott.
   C. A. 6th Cir. Motion of respondent for leave to' proceed in forma pauperis granted. Certiorari denied.


text:
    No. 77-694.
    International Business Machines Corp. v. Greyhound Computer Corp., Inc.
   C. A. 9th Cir. Certio-rari denied.

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


text:
    No. 77-707.
    Barthuli v. Board of Trustees of Jefferson Elementary School District.
   Sup. Ct. Cal. Certio-rari denied.

Mr. Justice Stewart would grant certiorari.


text:
    No. 77-5657.
    Battie v. Texas.
   Ct. Crim. App. Tex. 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 sentence in this case.


text:
    No. 77-201.
    No. 77-496.
    No. 77-566.
    No. 77-590.
    No. 77-5286.
    No. 77-5357.
    No. 77-5381.
    No. 77-5439.
    No. 77-5458.
    No. 77-5467.
    No. 77-5482.
    No. 77-5512.
    No. 77-5552.
    No. 77-5564.
    No. 77-5565.
    No. 77-5614.
    Price v. Pitchess, Sheriff, Cargile et al. v. Michigan, Howie v. United States Rubber Co., Inc., et al., Timmons v. McGrath, Morris v. United States, Bottos v. Avakian et al., White v. United States, House v. Stynchcombe, Sheriff, et al., Gibson v. United States, Townes v. United States, McCorquodale v. Stynchcombe, Sheriff, et al., Murphy v. Fatzer, Chief Justice, Supreme Court of Kansas, et al., Robinson v. Indiana, Poston v. South Carolina, Galbraith v. City of Columbus, Ohio, Fairchild v. Municipal Court of California, Imperial County, Imperial Judicial District,
   ante, p. 965;

ante, p. 967;

ante, p. 969;

ante, p. 985;

ante, p. 971;

ante, p. 986;

ante, p. 971;

ante, p. 975;

ante, p. 987;

ante, p. 987;

ante, p. 975;

ante, p. 972;

ante, p. 973;

ante, p. 973;

ante, p. 973; and

ante, p. 998. Petitions for rehearing denied.


text:
    No. 76-678.
    Shell Oil Co. v. Dartt,
   ante, p. 99. Petition for rehearing denied.

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


text:
    No. 76-6913.
    Kinsley v. Brent, dba Safeway Finance Co., Inc., et al.,
   ante, p. 860. Motion for leave to file petition for rehearing denied.


text:
    No. 77-571.
    Moody v. Texas,
   ante, p. 985. Motion for consolidation and petition for rehearing denied.


text:
    January 23, 1978
    No. 77-525.
    Spicer v. Board of Trustees of the University of Alabama, dba Medical College et al., et al.
   Appeal from Sup. Ct. Ala. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 77-658.
    ASARCO, Inc. (formerly American Smelting & Refining Co.) v. Montana Department of Revenue.
   Appeal from Sup. Ct. Mont, dismissed for want of jurisdiction.


text:
    No. 77-725.
    Peacock v. North Carolina.
   Appeal from Sup. Ct. N. C. dismissed for want of substantial federal question.


text:
    No. 77-757.
    Fisher v. Omaha Indemnity Co.
   Appeal from Ct. App. Mich, dismissed for want of substantial federal question.


text:
    No. 77-801.
    Fowler v. Maryland State Board of Law Examiners.
   Appeal from Ct. App. Md. dismissed for want of substantial federal question.


text:
    No. A-531 (77-878).
    Keefer v. California.
   Ct. App. Cal., 2d App. Dist. Reapplication for stay, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. D-68.
    In re Disbarment of Honoroff.
   Disbarment entered. [For earlier order, see 429 U. S. 935.]


text:
    No. D-115.
    In re Disbarment of McCarron.
   Disbarment entered. [For earlier order, see ante, p. 885.]


text:
    No. D-116.
    In re Disbarment of Butler.
   Disbarment entered. [For earlier order, see ante, p. 885.]


text:
    No. D-118.
    In re Disbarment of Ruttenberg.
   Disbarment entered. [For earlier order, see ante, p. 885.]


text:
    No. D-119.
    In re Disbarment of Sugar.
   Disbarment entered. . [For earlier order, see ante, p. 900.]


text:
    No. D-121.
    In re Disbarment of Skontos.
   Disbarment entered. [For earlier order, see ante, p. 937.]


text:
    No. 76-1621.
    McAdams, Executor, et al. v. McSurely et ux.
   C. A. D. C. Cir. [Certiorari granted sub nom. McClellan v. McSurely, ante, p. 888.] Motion to substitute Herbert H. McAdams III, as Executor of Estate of John L. McClellan, in place of John L. McClellan, deceased, as a party petitioner granted.