author: Per Curiam. Justice Stevens,

text:
    NEW YORK STATE LIQUOR AUTHORITY v. BELLANCA, dba THE MAIN EVENT, et al.
    No. 80-813.
    Decided June 22, 1981
   Per Curiam.

The question presented in this case is the power of a State to prohibit topless dancing in an establishment licensed by the State to serve liquor. In 1977, the State of New York amended its Alcoholic Beverage Control Law to prohibit nude dancing in establishments licensed by the State to sell liquor for on-premises consumption. N. Y. Aleo. Bev. Cont. Law, § 106, subd. 6-a (McKinney Supp. 1980-1981 ). The statute does not provide for criminal penalties, but its violation may cause an establishment to lose its liquor license.

Respondents, owners of nightclubs, bars, and restaurants which had for a number of years offered topless dancing, brought a declaratory judgment action in state court, alleging that the statute violates the First Amendment of the United States Constitution insofar as it prohibits all topless dancing in all licensed premises. The New York Supreme Court declared the statute unconstitutional, and the New York Court of Appeals affirmed by a divided vote. 50 N. Y. 2d 524, 407 N. E. 2d 460. It reasoned that topless dancing was a form-of protected expression under the First Amendment and that the State had not demonstrated a need for prohibiting “licensees from presenting nonobscene topless dancing performances to willing customers . . . Id., at 529, 407 N. E. 2d, at 463. The dissent contended that the statute was well within the State’s power, conferred by the Twenty-first Amendment, to regulate the sale of liquor within its boundaries. We agree with the reasoning of the dissent and now reverse the decision of the New York Court of Appeals.

This Court has long recognized that a State has absolute power under the Twenty-first Amendment to prohibit totally the sale of liquor within its boundaries. Ziffrin, Inc. v. Reeves, 308 U. S. 132, 138 (1939). It is equally well established that a State has broad power under the Twenty-first Amendment to regulate the times, places, and circumstances under which liquor may be sold. In California v. LaRue, 409 U. S. 109 (1972), we upheld the facial constitutionality of a statute prohibiting acts of “gross sexuality,” including the display of the genitals and live or filmed performances of sexual acts, in establishments licensed by the State to serve liquor. Although we recognized that not all of the prohibited acts would be found obscene and were therefore entitled to some measure of First Amendment protection, we reasoned that the statute was within the State’s broad power under the Twenty-first Amendment to regulate the sale of liquor.

In Doran v. Salem Inn, Inc., 422 U. S. 922 (1975), we considered a First Amendment challenge to a local ordinance which prohibited females from appearing topless not just in bars, but “any public place.” Though we concluded that the District Court had not abused its discretion in granting a preliminary injunction against enforcement of the ordinance, that decision does not limit our holding in LaRue. First, because Doran arose in the context of a preliminary injunction, we limited our standard of review to whether the District Court abused its discretion in concluding that plaintiffs were likely to prevail on the merits of their claim, not whether the ordinance actually violated the First Amendment. Thus, the decision may not be considered a “final judicial decision based on the actual merits of the controversy.” University of Texas v. Camenisch, 451 U. S. 390, 396 (1981). Second, the ordinance was far broader than the ordinance ‘involved either in LaRue or here, since it proscribed conduct at “any public place,” a term that “ ‘could include the theater, town hall, opera place, as well as a public market place, street or any place of assembly, indoors or outdoors.’ ” 422 U. S., at 933 (quoting Salem Inn, Inc. v. Frank, 364 F. Supp. 478, 483 (EDNY 1973)). Here, in contrast, the State has not attempted to ban topless dancing in “any public place”: As in LaRue, the statute’s prohibition applies only to establishments which are licensed by the State to serve liquor. Indeed, we explicitly recognized in Doran that a more narrowly drawn statute would survive judicial scrutiny:

“Although the customary ‘barroom’ type of nude dancing may involve only the barest minimum of protected expression, we recognized in California v. LaRue, 409 U. S. 109, 118 (1972), that this form of entertainment might be entitled to First and Fourteenth Amendment protection under some circumstances. In LaRue, however, we concluded that the broad powers of the States to regulate the sale of liquor, conferred by the Twenty-first Amendment, outweighed any First Amendment interest in nude dancing and that a State could therefore ban such dancing as part of its liquor license control program.” 422 U. S., at 932-933.

Judged by the standards announced in LaRue and Doran, the statute at issue here is not unconstitutional. What the New York Legislature has done in this case is precisely what this Court in Doran has said a State may do. Pursuant to its power to regulate the sale of liquor within its boundaries, it has banned topless dancing in establishments granted a license to serve liquor. The State’s power to ban the sale of alcoholic beverages entirely includes the lesser power to ban the sale of liquor on premises where topless dancing occurs.

Respondents nonetheless insist that LaRue is distinguishable from this case, since the statute there prohibited acts of "gross sexuality” and was well supported by legislative findings demonstrating a need for the rule. They argue that the statute here is unconstitutional as applied to topless dancing because there is no legislative finding that topless dancing poses anywhere near the problem posed by acts of "gross sexuality.” But even if explicit legislative findings were required to uphold the constitutionality of this statute as applied to topless dancing, those findings exist in this case. The purposes of the statute have been set forth in an accompanying legislative memorandum, New York State Legislative Annual 150 (1977).

"Nudity is the kind of conduct that is a proper subject for legislative action as well as regulation by the State Liquor Authority as a phase of liquor licensing. It has long been held that sexual acts and performances may constitute disorderly behavior within the meaning of the Alcoholic Beverage Control Law ....
“Common sense indicates that any form of nudity coupled with alcohol in a public place begets undesirable behavior. This legislation prohibiting nudity in public will once and for all, outlaw conduct which is now quite out of hand.”

In short, the elected representatives of the State of New York have chosen to avoid the disturbances associated with mixing alcohol and nude dancing by means of a reasonable restriction upon establishments which sell liquor for on-premises consumption. Given the “added presumption in favor of the validity of the state regulation” conferred by the Twenty-first Amendment, California v. LaRue, 409 U. S., at 118, we cannot agree with the New York Court of Appeals that the statute violates the United States Constitution. Whatever artistic or communicative value may attach to topless dancing is overcome by the State’s exercise of its broad powers arising under the Twenty-first Amendment. Although some may quarrel with the wisdom of such legislation and may consider topless dancing a harmless diversion, the Twenty-first Amendment makes that a policy judgment for the state legislature, not the courts.

Accordingly, the petition for certiorari is granted, the judgment of the New York Court of Appeals is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. T, . 7 7

It is so ordered.

Justice Marshall concurs in the judgment.

Justice Brennan dissents from the summary disposition and would set the case for oral argument.

Justice Stevens,

dissenting.

Although the Court has written several opinions implying that nude or partially nude dancing is a form of expressive activity protected by the First Amendment, the Court has never directly confronted the question. Today the Court construes the Twenty-first Amendment as a source of power permitting the State to prohibit such presumably protected activities in establishments which serve liquor. The Court relies on California v. LaRue, 409 U. S. 109, for that construction of the Twenty-first Amendment. The rationale of today’s decision however, is not the same as the explanation the Court gave for its holding in that case. The syllogism supporting today’s conclusion includes the premise that the State’s Twenty-first Amendment power to ban the sale of alcoholic beverages entirely includes the lesser power to ban the sale of liquor on premises where activity assumed to be protected by the First Amendment occurs. If that reasoning is sound, then a State may ban any protected activity on such premises, no matter how innocuous or, more importantly, how clearly protected.

In California v. LaRue, instead of relying on the simplistic reasoning employed by the Court today, the majority analyzed the issue by balancing the State’s interests in preventing specifically identified social harms against the minimal interest in protected expression implicated by nude dancing. The opinion reflected the view that the degree of protection afforded by the First Amendment is a variable, and that the slight interest in free expression implicated by naked and lewd dancing was plainly outweighed by the State’s interest— supported by explicit legislative findings — -in maintaining order and decency. The Twenty-first Amendment provided the Court with an “added presumption,” 409 U. S., at 118, to tip the scales in the direction of law and order, but the opinion’s evaluation of the conflicting interests would surely have led to' the same result without that makeweight.

The explicit legislative findings on which the Court heavily relied in LaRue have no counterpart in this case. The 1977 amendment to the New York Alcoholic Beverage Control Law left in place the prohibition against nude dancing that had been in effect for some time. Prior to 1977, topless dancing had been permitted subject to regulation that required the performer to dance on a stage that was inaccessible to patrons. The State has not indicated that the New York Legislature was presented with any evidence to the effect that this regulated form of entertainment had produced any undesirable consequences. A memorandum in the New York State Legislative Annual (1977), see ante, at 717-718, notes that nudity had “long been held” to constitute disorderly behavior within the meaning of the law as it then existed, but that memorandum sheds no light whatever on the decision to prohibit topless dancing as well as nudity. The New York Court of Appeals stated that this law “was not prompted by hearings or any legislative awareness of deficiencies in the prior regulation permitting topless dancing subject to restrictions and the continued supervision of the State Liquor Authority.” 50 N. Y. 2d 524, 530, 407 N. E. 2d 460, 464.

I therefore believe that we must assume that the pre-1977 regulation adequately avoided the kind of “gross sexuality” that gave rise to the regulation challenged in LaRue. Although the emphasis on the legislative findings in this Court’s opinion in LaRue may have merely disguised the Court’s real holding, the Court is quite wrong today when it implies that the factors that supported the holding in LaRue are also present in this case. This case does not involve “gross sexuality” or any legislative explanation for the 1977 change in the law to prohibit topless dancing.

Having said this, I must confess that if the question whether a State may prohibit nude or partially nude dancing in commercial establishments were squarely confronted on its merits, I might well conclude that this is the sort of question that may be resolved by the elected representatives of a community. Sooner or later that issue will be briefed and argued on its own merits. I dissent in this case because I believe the Court should not continue to obscure that issue with irrelevancies such as its mischievous suggestion that the Twenty-first Amendment gives States power to censor free expression in places where liquor is served. Neither the language nor the history of that Amendment provides any support for that suggestion. Nor does LaRue justify it. Without any aid from the Twenty-first Amendment, the State’s ordinary police powers are adequate to support the prohibition of nuisances in taverns or elsewhere. Cf. Young v. American Mini Theatres, Inc., 427 U. S. 50.

Although I voted to deny certiorari and allow the decision of the highest court of the State of New York to stand, cer-tiorari having been granted, I dissent from the Court’s disposition of the case on the basis of a blatantly incorrect reading of the Twenty-first Amendment.

      The statute provides:
      “No retail licensee for on premises consumption shall suffer or permit any person to appear on licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof.”

       The Twenty-first Amendment provides in relevant part that “[t]he transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”

      See Doran v. Salem, Inn., Inc., 422 U. S. 922; Southeastern Promotions, Ltd. v. Conrad, 420 U. S. 546, 557-558; California v. LaRue, 409 U. S. 109, 118; Schad v. Mount Ephraim, ante, p. 61.

       “The State’s power to ban the sale of alcoholic beverages entirely includes the lesser power to ban the sale of liquor on premises where topless dancing occurs.” Ante, at 717.

       Rejecting this reasoning, the New York Court of Appeals noted that “it would be most difficult to sustain a law prohibiting political discussions in places where alcohol is sold by the drink, even though the record may show, conclusively, that political discussions in bars often lead to disorderly behavior, assaults and even homicide.” 50 N. Y. 2d 524, 531 n. 7, 407 N. E. 2d 460, 464, n. 7.

       The Court’s opinion in LaRue recounted in explicit detail the undesirable consequences — described in evidence adduced at public hearings— resulting from the performance of lewd or naked dancing and entertainment in bars and cocktail lounges. See 409 U. S., at 111-112. After emphasizing the State’s interests in eliminating those consequences, the Court turned to a discussion of the First Amendment and stated that “as the mode of expression moves from the printed page to the commission of public acts that may themselves violate valid penal statutes, the scope of permissible state regulations significantly increases.” Id., at 117.

       In minimizing the First Amendment interests in nude dancing and recognizing the State’s interest in regulating such behavior, the Court stated:
      “The substance of the regulations struck down prohibits licensed bars or nightclubs from displaying, either in the form of movies or live entertainment., ‘performances’ that partake more of gross sexuality than of communication. . . .
      “. . . [W]e conceive the State’s authority in this area to be somewhat broader than did the District Court. This is not to say that all such conduct and performance are without the protection of the First and Fourteenth Amendments. But we would poorly serve both the interest for which the State may validly seek vindication and the interests protected by the First and Fourteenth Amendments were we to insist that the sort of bacchanalian revelries that the Department sought to prevent by these liquor regulations were the constitutional equivalent of a performance by a scantily clad ballet troupe in a theater.” Id., at 118.

       The Court recognized that the Twenty-first Amendment confers “something more than the normal state authority over public health, welfare, and morals.” Id., at 114. In discussing decisions construing the Twenty-first Amendment, however, the Court noted that “[t]hese decisions did not go so far as to hold or say that the Twenty-first Amendment supersedes all other provisions of the United States Constitution in the area of liquor regulations.” Id., at 115.

       In discussing the Twenty-first Amendment, the Court recognized that the States, “vested as they are with general police power, require no specific grant of authority in the Federal Constitution to legislate with respect to matters traditionally within the scope of the police power . . . .” Id., at 114. The Court held that the Department of Alcoholic Beverage Control's “conclusion . . . that certain sexual performances and the dispensation of liquor by the drink ought not to occur at premises that have licenses was not an irrational one. Given the added presumption in favor of the validity of the state regulation in this area that the Twenty-first Amendment requires, we cannot hold that the regulations on their face violate the Federal Constitution.” Id., at 118-119.

       The pre-1977 regulation prohibited the licensee from permitting “any female to appear on licensed premises” so as “to expose to view any portion of the breast below the top of the areola” but contained an exception for “any female entertainer performing on a stage or platform which is at least 18 inches above the immediate floor level and which is removed by at least six feet from the nearest patron.” See 50 N. Y. 2d, at 526, n. 2, 407 N. E. 2d, at 461-462, n. 2. The 1977 amendment incorporated the general prohibition of topless dancing but did not incorporate the exception. See N. Y. Alco. Bev. Cont. Law § 106, subd. 6-a (McKinney Supp. 1980-1981).

       The New York Court of Appeals recognized the difference between nude and topless dancing and emphasized the limited nature of respondents’ challenge:
      “In the case now before us the plaintiffs do not claim a right to offer performances of explicit sexual acts, live or filmed, real or simulated. Nor are we concerned with nude dancing. There is no contention that the plaintiffs should have a right to present their dancers entirely unclothed, and thus they do not challenge that portion of the statute which prohibits nudity. Nor do they contest the statute insofar as it would prohibit women other than dancers from appearing barebreasted on their premises. Similarly the plaintiffs do not contest the State’s right to place some restriction on topless dancing performances as the Liquor Authority’s regulations have done in the past. Finally, of course, the plaintiffs do not claim that they are exempted from the obscenity laws or that topless dancing should always be allowed no matter how, or where performed. The only question before us is whether the statute is constitutional to the extent that it absolutely prohibits liquor licensees from presenting non-obscene topless dancing performances to willing customers under all circumstances.” 50 N. Y. 2d, at 529, 407 N. E. 2d, at 463.

       If topless dancing is entitled to First Amendment protection, it would seem to me that the places where it should most appropriately be conducted are places where alcoholic beverages are served. A holding that a state liquor board may prohibit its licensees from allowing such dancing on their premises may therefore be the practical equivalent of a holding that the activity is not protected by the First Amendment.

      In Hostetter v. Idlewild Liquor Corp., 377 U. S. 324, the Court recognized the effect of the Twenty-first Amendment on the Commerce Clause but included a reminder that is pertinent here:
      “Both the Twenty-first Amendment and the Commerce Clause are parts of the same Constitution. Like other provisions of the Constitution, each must be considered in the light of the other, and in the context of the issues and interests at stake in any concrete case.” Id., at 332.
      That admonition is even more important in the' context presented by the instant case, inasmuch as the drafters of the Twenty-first Amendment clearly intended the Amendment to have some impact on the Commerce Clause. That conclusion, contrary to the Court’s reasoning, is totally unsupported with respect to the First Amendment.

       In California Liquor Dealers Assn. v. Midcal Aluminum,, Inc., 445 U. S. 97, 106-107, the Court rejected a claim that the Twenty-first Amendment prohibited the application of the Sherman Act to California’s system of wine pricing and pointed out that in “determining state powers under the Twenty-first Amendment, the Court has focused primarily on the language of the provision . . . .” The difference between the Court’s interpretation of the Twenty-first Amendment and its plain language is quite dramatic. The pertinent section of that Amendment provides:
      “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”

       In Craig v. Boren, 429 U. S. 190, 206, the Court stated that “[t]his Court’s decisions . . . have confirmed that the Amendment primarily created an exception to the normal operation of the Commerce Clause.” The Court then unequivocally rejected the Twenty-first Amendment as a basis for sustaining state liquor regulations that otherwise violated the Equal Protection Clause:
      “Once passing beyond consideration of the Commerce Clause, the relevance of the Twenty-first Amendment to other constitutional provisions becomes increasingly doubtful. As one commentator has remarked: ‘Neither the text nor the history of the Twenty-first Amendment suggests that it qualifies individual rights protected by the Bill of Rights and the Fourteenth Amendment where the sale or use of liquor is concerned.’ P. Brest, Processes of Constitutional Decisionmaking, Cases and Materials, 258 (1975). Any departures from this historical view have been limited and sporadic.” Ibid.

      Cf. Wisconsin v. Constantineau, 400 U. S. 433. Surely the First Amendment is entitled to a status equal to the Fourteenth Amendment.

       Ironically, today the Court adopts an argument that the appellant expressly disclaimed during the oral argument in LaRue:

      “QUESTION: Mr. Porter, in your argument here, is it based at all on the Twenty-First Amendment, dealing with the State authority over regulation of alcoholic beverages?
      “MR. PORTER: Based to the extent that if we are in the First Amendment area, then as far as balancing the State’s interests, we submit that both the traditional power that a State has had over the conditions surrounding the sale of alcoholic beverages and the power given to the States under the Twenty-First Amendment must be considered in balancing the State interests, that these are substantial and important State interests, where we’re talking about the conditions surrounding the sale and consumption of alcoholic beverages.

        “We have never argued, nor would we ever argue, that the Twenty-First Amendment would automatically override the First Amendment, or any other part of the Constitution. We only urge that-
      “QUESTION: Well, it has been held that the Twenty-First Amendment overrode a great deal of the commerce clause, hasn’t it?
      “MR. PORTER: Well,-
      “QUESTION: And it does, by its terms.
      “MR. PORTER: That’s correct, but I-
      “QUESTION: And it has been held that the Twenty-First Amendment overrode a good deal of the equal protection clause of the Fourteenth Amendment, hasn’t it? It was in the Younger case.
      “MR. PORTER: Yes, but I would submit that — or I would, myself, attempt to temper that somewhat, to the extent I think it shows an overriding State interest in weighing between the commerce clause and the Twenty-First Amendment, where you get up in equal protection, where you get up into the First Amendment or some so-called, alleged, preferred amendments of the Constitution.
      “As I said, we do not argue that it overrides the First Amendment. If we’re dealing in a First Amendment area, that great weight should be given to the State’s interest and power under the Twenty-First Amendment, in balancing and weighing, the State interest outweigh[s] the State interest to be protected under the First Amendment.” Tr. of Oral Arg. in California v. LaRue, O. T. 1972, No. 71-36, pp. 10-12.


source: Caselaw Access Project

license: Public Domain

text:
    UNITED STATES v. LOUISIANA et al. (LOUISIANA BOUNDARY CASE)
    No. 9,
    Orig.
    Decided March 17, 1975, and April 28, 1980 — Decree entered March 17, 1975 — Supplemental decree entered June 16, 1975—
    Final decree entered June 22, 1981
   The Supplemental Report of the Special Master is received and ordered filed.

FINAL DECREE

On April 28, 1980, this Court resolved all remaining issues between the United States and the State'of Louisiana and returned the case to the Special Master for a “determination of the final amount due and owing, and the method of payment.” 446 U. S. 253, 272-273. The parties have agreed upon these matters, have submitted to the Special Master a proposed final decree, and the Special Master, with the concurrence of both parties, has recommended its entry by the Court.

Accordingly,

It Is Ordered, Adjudged, and Decreed:

1. As against the Defendant State of Louisiana and all persons claiming under it, the United States has exclusive rights to explore the area of the Continental Shelf lying seaward of the line described in Exhibit A hereof, and to exploit the natural resources of said area; the State of Louisiana is not entitled to any interest in such lands, minerals, and resources, except as may be provided by 43 U. S. C. § 1337 (g), and said State, its privies, assigns, lessees, and other persons claiming under it are hereby enjoined from interfering with the rights of the United States in such lands, minerals and resources.

2. As against the plaintiff United States and all persons claiming under it, the State of Louisiana has exclusive rights to explore the area lying shoreward of the line described in Exhibit A hereof, and to exploit the natural resources of said area, with the exceptions provided by Section 5 of the Submerged Lands Act, 67 Stat. 32, 43 U. S. C. § 1313; the United States is not entitled to any interest in such lands, minerals, and resources and said United States, its privies, assigns, lessees and other persons claiming under it are hereby enjoined from interfering with the rights of the State of Louisiana in such lands, minerals and resources.

3. The line described in Exhibit A hereof is a line three geographic miles seaward of the coastline described in Exhibit A to the Decree of June 16, 1975 (422 U. S. 13, 19-32). Except as otherwise provided for limited past periods by paragraph 10 and Exhibit B of the said Decree of June 16, 1975, these two lines shall supersede all prior descriptions and be deemed to define the coastline and its three-mile projection for all periods present and past. Moreover, until and unless superseded by a subsequent final decree of this Court or agreement of the parties, the line described in Exhibit A hereof shall remain in effect for all purposes relevant to the Submerged Lands Act, 43 U. S. C. §§ 1301-1315, including exploitation of mineral resources; and, with respect to any period during which this line remains in effect, neither party shall ever be held to account to the other for or reimburse the other for any revenues derived from or attributable to sales, leases, licenses or exploitation of lands, minerals or resources adjudicated to that party by paragraph 1 or paragraph 2 hereof.

4.All prior accountings, claims and objections affecting the liability of one party to the other with respect to revenues derived from exploitation of offshore submerged lands and resources before June 16, 1975, and not impounded pursuant to the Interim Agreement of October 12, 1956, have been resolved. However, notwithstanding anything to the contrary in any previous decree of this Court or in the Interim Agreement of October 12, 1956, this net balance shall not be payable until the accountings provided for in paragraphs 5 and 6 hereof shall have been filed and settled, and the said net balance shall be subject to offset against the liability resulting from those accountings.

5. Not later than December 1, 1981, the State of Louisiana shall render to the United States and file with the Court a true, full and accurate account of all revenues, other than severance taxes, pipeline rentals, and administrative charges, derived from or attributable to the exploitation of lands, minerals or resources within the area described in paragraph 1 hereof since June 16, 1975. Where such revenues are derived from leases embracing areas on both sides of the line described in Exhibit A hereof, they shall be apportioned as follows: as to bonuses and rentals, on the basis of relative acreage; as to royalties, on the basis of the location of the well completion point, except when an outstanding agreement between the parties specifies a different basis of allocation which, in that event, shall govern.

6. Not later than December 1, 1981, the United States shall render to the State of Louisiana and file with the Court a true, full and accurate accounting of all revenues, other than pipeline rentals and administrative charges, which remain impounded pursuant to the Interim Agreement of October 12, 1956, and which are derived from or attributable to the exploitation of lands, minerals or resources within the area described in paragraph 2 hereof or, for the limited periods there specified, areas landward of the lines described in Exhibit B hereof. The allocation of revenues from leases embracing areas on both sides of the line described in Exhibit A hereof or, for the relevant periods, Exhibit B hereof, shall be on the same basis as set forth in paragraph 5 hereof.

7. Any objections to the accounting required by paragraphs 5 and 6 hereof shall be filed with the Court and served on the other party not later than January 1, 1982. Immediately after January 1, 1982, any undisputed net balance resulting from the unchallenged portions of the accountings required by paragraphs 5 and 6 hereof and the liability specified in paragraph 4 hereof, shall be paid by the party whose net liability is greater to the other party, notwithstanding any outstanding objections as to other portions of the accountings and notwithstanding any provisions barring offsets in prior decrees or the Interim Agreement of October 12, 1956. Any remaining net balance shall be paid promptly after objections are resolved.

8. Nothing in this decree shall affect the rights or obligations of either party with respect to its lessees or other third parties, whether arising from the Interim Agreement of October 12, 1956, or otherwise. Nor shall anything in this decree affect any rights or obligations arising under present or future unitization, operating, enhanced recovery, commingling, or other similar agreements between the parties or with others.

9. Nothing in this decree or in the proceedings leading to it shall prejudice any rights, claims, or defenses of the State of Louisiana as to its maritime lateral boundaries with any other state, which boundaries are not at issue in this litigation, nor shall the United States in any way be prejudiced hereby as to such matters.

10. The Court retains jurisdiction to entertain such further proceedings, enter such orders and issue such writs as may from time to time be deemed necessary or advisable to resolve any disputes that may arise over the accountings provided for in this decree, and to give proper force and effect to its previous orders or decrees herein or to this decree. In all other respects, this is a final decree; and the Interim Agreement of October 12, 1956, is terminated for all purposes as of 5 p.m. on the first day of January, 1982, or the date on which any objections to accountings are finally resolved.

EXHIBIT A

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X Y

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TO...................... 1551769 328511

BY STRAIGHT LINE TO 1549575 329415

BY ARC CENTERED AT. 1553840. 347150

TO...................... 1546081 330642

X Y

BY STRAIGHT LINE TO. 1543911 331662

BY ARC CENTERED AT. 1551670 348170

TO....................... 1541402 333094

BY STRAIGHT LINE TO. 1540011 333646

BY ARC CENTERED AT. 1546740 350600

TO....................... 1537927 334630

BY STRAIGHT LINE TO. 1531757 337418

BY ARC CENTERED AT. 1539270 354040

TO....................... 1530263 338178

BY STRAIGHT LINE TO. 1527498 339748

BY ARC CENTERED AT. 1536505 355610

TO....................... 1526511 340351

BY STRAIGHT LINE TO. 1526495 340356

BY ARC CENTERED AT. 1532515 357575

TO....................... 1523959 341466

BY ARC CENTERED AT. 1531240 358190

TO....................... 1522813 342013

BY STRAIGHT LINE TO. 1516478 345313

BY STRAIGHT LINE TO. 1505572 350398

BY ARC CENTERED AT. 1513280 366930

TO......•................. 1504778 350792

BY STRAIGHT LINE TO. 1493968 356487

BY ARC CENTERED AT. 1502470 372625

TO....................... 1493740 356609

BY STRAIGHT LINE TO. 1488240 359607

BY STRAIGHT LINE TO. 1483855 361809

BY ARC CENTERED AT. 1492040 378110

TO...................... 1483320 362089

BY STRAIGHT LINE TO, 1481464 363099

BY STRAIGHT LINE TO. 1472522 367321

BY STRAIGHT LINE TO, 1464632 370389

BY ARC CENTERED AT. 1471240 387390

TO...................... 1464433 370467

BY STRAIGHT LINE TO, 1461367 371700

BY STRAIGHT LINE TO. 1455041 373829

BY STRAIGHT LINE TO 1449142 375498

BY ARC CENTERED AT 1454105 393050

TO...................... 1447394 376089

BY STRAIGHT LINE TO 1443224 377739

X Y

BY ARC CENTERED AT. 1449935 394700

TO....................... 1442769 377926

BY STRAIGHT LINE TO. 1437906 380003

BY STRAIGHT LINE TO. 1435142 381048

BY STRAIGHT LINE TO. 1431147 382502

BY ARC CENTERED AT. 1431465 400740

TO....................... 1426148 383291

BY STRAIGHT LINE TO, 1423703 384036

BY ARC CENTERED AT, 1429020 401485

TO...................... 1421665 384793

BY STRAIGHT LINE TO. 1421218 384903

BY ARC CENTERED AT. 1425600 402610

TO....................... 1417428 386302

BY STRAIGHT LINE TO, 1411695 388054

BY STRAIGHT LINE TO. 1406675 389181

BY STRAIGHT LINE TO. 1400158 390267

BY STRAIGHT LINE TO. 1395815 390681

BY STRAIGHT LINE TO. 1390919 390971

BY ARC CENTERED AT. 1392000 409180

TO....................... 1390575 390995

BY STRAIGHT LINE TO. 1386958 390977

BY STRAIGHT LINE TO. 1385797 390942

BY STRAIGHT LINE TO. 1383281 390516

BY ARC CENTERED AT. 1380235 408500

TO....................... 1382827 390444

BY STRAIGHT LINE TO 1380530 390115

BY STRAIGHT LINE TO 1379793 389887

BY ARC CENTERED AT, 1363392 397870

TO...................... 1364288 379651

BY STRAIGHT LINE TO, 1363312 379603

BY ARC CENTERED AT, 1362416 397822

TO...................... 1348021 386619

BY STRAIGHT LINE TO 1347740 386685

BY STRAIGHT LINE TO, 1339580 387874

BY STRAIGHT LINE TO 1332310 388694

BY STRAIGHT LINE TO 1328041 388886

BY STRAIGHT LINE TO 1323345 388897

BY STRAIGHT LINE TO 1318623 388814

BY STRAIGHT LINE TO 1313961 388548

X Y

BY STRAIGHT LINE TO.................... 1309176 388114

BY STRAIGHT LINE TO..................... 1299212 386972

BY STRAIGHT LINE TO.................... 1294264 386189

BY ARC CENTERED AT.................... 1291413 404205

TO................... ....................... 1293948 386141

BY STRAIGHT LINE TO.................... 1288689 385403

BY ARC CENTERED AT.................... 1286154 403467

TO................... ....................... 1288273 385350

BY STRAIGHT LINE TO.................... 1282879 384719

BY ARC CENTERED AT.................... 1280760 402836

TO................... ....................... 1282343 384664

BY STRAIGHT LINE TO.................... 1277050 384203

BY ARC CENTERED AT.................... 1275467 402375

TO................... ....................... 1276974 384197

BY STRAIGHT LINE TO.................... 1266567 383334

BY STRAIGHT LINE TO.................... 1261754 382855

BY STRAIGHT LINE TO.................... 1256845 382176

BY STRAIGHT LINE TO.................... 1252082 381444

BY STRAIGHT LINE TO.................... 1247120 380489

BY ARC CENTERED AT.................... 1243670 398400

TO................... ....................... 1246626 380401

BY STRAIGHT LINE TO.................... 1243866 379947

BY STRAIGHT LINE TO.................... 1240511 379144

BY STRAIGHT LINE TO.................... 1238894 378640

BY STRAIGHT LINE TO.................... 1234692 377218

BY ARC CENTERED AT.................... 1228846 394497

TO................... ....................... 1233981 376994

BY ARC CENTERED AT.................... 1225768 393281

TO................... ....................... 1230677 375713

BY STRAIGHT LINE TO.................... 1229077 374980

BY ARC CENTERED AT.................... 1219065 390227

TO................... ....................... 1227371 373987

BY STRAIGHT LINE TO.................... 1226185 373381

BY STRAIGHT LINE TO.................... 1227214 367277

BY ARC CENTERED AT.................... 1209227 364245

TO................... ....................... 1214918 346915

BY STRAIGHT LINE TO.................... 1213304 346385

BY STRAIGHT LINE TO.................... 1212404.23 346089.54

SAID POINT BEING ON THE TEX AS-LOUISI AN A BOUNDARY.

EXHIBIT B

From January, 1961 to December 6, 1969, the three-mile projection line in East Bay vicinity from base line point X=2,702,461; Y= 124,148 to a baseline point X=:2,641,835; Y=129,725 deviates from the present three-mile projection and may be described as follows:

X Y

By arc centered at... 2702461 124148

To.................. 2717902 114437

By arc centered at... 2699815 116800

To.................. 2711432 102737

By arc centered at... 2699695 116700

To.................. 2694008 99369

By are centered at... 2697850 117200

To.................. 2683320 106173

By straight line to... 2682980 106621

By arc centered at... 2697510 117648

To.................. 2679799 113283

By straight line to... 2679589 114135

By an arc centered at 2697300 118500

To.................. 2679559 114260

By an arc centered at 2685250 131590

To................... 2677482 115086

By an arc centered at 2684417 131957

To................... 2673065 117679

By an are centered at, 2683850 132390

To................... 2672411 118182

By an arc centered at, 2682580 133325

To................... 2671159 119102

By straight line to____ 2655458 117595

By arc centered at____ 2641835 129725

Prior to January, 1961 the three-mile projection line in East Bay vicinity from base line point X=2,702,461; Y= 124,148 to base line point X=2,641,835; Y=129,725 deviates from the present three-mile projection and may be described as follows:

X Y

By are centered at... 2702461 124148

To.................. 2716719 112772

By are centered at... 2699435 118600

To.................. 2710698 104252

By arc centered at... 2697850 117200

To.................. 2683320 106173

By straight line to... 2682980 106621

By arc centered at... 2697510 117648

To.................. 2679799 113283

By straight line to... 2679589 114135

By an arc centered at 2697300 118500

To.................. 2679559 114260

By an arc centered at 2685250 131590

To.................. 2677482 115086

By an arc centered at, 2684417 131957

To................... 2673065 117679

By an arc centered at 2683850 132390

To................... 2672411 118182

By an arc centered at, 2682580 133325

To................... 2671159 119102

By straight line to..., 2655458 117595

By arc centered at____ 2641835 129725

Prior to December 6, 1969 the three-mile projection in the Pass du Bois vicinity from base line point X=2,614,270; Y= 110,615 to base line point X=2,608,270; Y= 178,325 deviates from the present three-mile projection and may be described as follows:

X Y

2614270 110615 By arc centered at.

2597233 117130 To................

2597212 152789 By straight line to.

2612771 162310 By arc centered at.

2595307 157043 To................

X Y

By are centered at............................... 2612120 164118

To.............................................. 2594046 166581

By are centered at............................... 2608270 178325

From November 19, 1959 to February 1, 1960 the three-mile projection in the Pass Tante Phine vicinity from base line point X=2,606,370; Y — 180,190 to base line point X=2,598,335; Y=196,450 deviates from the present three-mile projection and may be described as follows:

X Y

By are centered at 2606370 180190

To................ 2593225 167544

By arc centered at 2602000 183535

To................ 2583851 Í85362

By arc centered at 2598335 196450

From January 1, 1959 through March 31, 1959 and from March 1, 1964 through July 31, 1964 the three-mile projection north of Pass Tante Phine from base line point X=2,605,125; Y= 182,710 to base line point X=2,600,780; Y=192,900 deviates from the present three-mile projection and may be described as follows:

X Y

By arc centered at. 2605125 182710

To................ 2588206 175894

By arc centered at. 2602763 186885

To............... 2584711 184268

By arc centered at 2600780 192900

Justice Makshall took no part in the consideration or decision of this matter.


text:
    June 1, 1981
    No. 80-1694.
    Atwood Vacuum Machine Co. v. Ford Motor Co.
   Appeal from Sup. Ct. Fla. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 80-6502.
    Prenzler v. Pike et al.
   Appeal from C. A. 9th 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. 80-6646.
    White v. United States.
   Appeal from Ct. App. D. C. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 80-6280.
    Harris v. Georgia.
   Appeal from Sup. Ct. Ga. Motion of appellant for leave to proceed in forma pau-peris granted. Judgment vacated and case remanded for further consideration in light of Steagald v. United States, 451 U. S. 204 (1981).


text:
    No. A-944.
    Buettner-Janusch v. United States.
   C. A. 2d Cir. Application for stay and continued bail, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. A-915.
    Bureau of Economic Analysis, United States Department of Commerce v. Long et al.
   C. A. 9th Cir. Application for stay, presented to Justice Rehnquist, and by him referred; to the Court, granted. The order heretofore entered by Justice Rehnquist on May 14, 1981, is continued pending the timely filing and disposition of a petition for writ of certiorari.


text:
    No. D-221.
    In re Disbarment of Leighton.
    [For earlier order herein, see 450 U. S. 976.]
   Disbarment entered.


text:
    No. D-225.
    In re Disbarment of Florsheim.
    [For earlier order herein, see 450 U. S. 977.]
   Disbarment entered.


text:
    No. D-240.
    In re Disbarment of Walsh.
   It is ordered that John T. Walsh, of Youngstown, 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-241.
    In re Disbarment of Pride.
   It is ordered that Hemphill P. Pride II, of Columbia, S. C., 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. 80-327.
    Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., et al.
   C. A. 3d Cir. [Certiorari granted, 450 U. S. 909.] Motion of the Solicitor General for divided argument and for additional time for oral argument granted, and 10 additional minutes allotted for that purpose. Respondent Americans United for Separation of Church and State also allotted an additional 10 minutes for oral argument.


text:
    No. 80-6654.
    In re Reynolds.
   Petition for writ of habeas corpus denied.


text:
    No. 80-848.
    No. 80-883.
    Piper Aircraft Co. v. Reyno, Personal Representative of the Estates of Fehilly et al.; and Hartzell Propeller, Inc. v. Reyno, Personal Representative of the Estates of Fehilly et al.
   C. A. 3d Cir. [Certiorari granted, 450 U. S. 909.] Motion of petitioners for divided argument granted. Request for additional time for oral argument denied.


text:
    No. 80-885.
    No. 80-1103.
    National Labor Relations Board v. Hendricks County Rural Electric Membership Corp.; National Labor Relations Board v. Malleable Iron Range Co.; and Hendricks County Rural Electric Membership Corp. v. National Labor Relations Board.
   C. A. 7th Cir. [Certiorari granted, 450 U. S. 964.] Motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae granted.


text:
    No. 80-901.
    Donovan, Secretary of Labor v. Dewey et al.
   D. C. E. D. Wis. [Probable jurisdiction noted sub nom. Marshall v. Dewey, 449 U. S. 1122.] Motion of appellant for leave to file a supplemental brief after argument granted.


text:
    No. 80-1430.
    Engle, Correctional Superintendent v. Isaac; Perini, Correctional Superintendent v. Bell; and Engle, Correctional Superintendent v. Hughes.
   C. A. 6th Cir. [Certiorari granted, 451 U. S. 906.] Motion of respondent Howard Hughes for leave to proceed further herein in forma pauperis denied.


text:
    No. 80-1695.
    Air Line Pilots Assn., International v. Pelaez Del Casal et al.
   C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 80-6645.
    In re Green.
   Petition for writ of mandamus denied.


text:
    No. 80-1586.
    In re Gulf Oil Corp.
   Petition for writ of mandamus denied. Justice Stewart took no part in the consideration or decision of this petition.


text:
    No. 80-1290.
    Clements, Governor of Texas, et al. v. Fashing et al.
   Appeal from C. A. 5th Cir. Probable jurisdiction noted.


text:
    No. 80-1431.
    In re R. M. J.
   Appeal from Sup. Ct. Mo. Probable jurisdiction noted.


text:
    No. 80-1666.
    Larson, Commissioner of Securities, Minnesota Department of Commerce, et al. v. Valente et al.
   Appeal from C. A. 8th Cir. Probable jurisdiction noted.


text:
    No. 80-1681.
    Village of Hoffman Estates et al. v. The Flipside, Hoffman Estates, Inc.
   Appeal from C. A. 7th Cir. Probable jurisdiction noted. Justice Stevens took no part in the consideration or decision of this case.


text:
    No. 80-1556.
    Cory, Controller of California, et al. v. White, Attorney General of Texas, et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 80-1562.
    Marine Bank v. Weaver et ux.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 80-1614.
    Jewett et ux. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 80-1398.
    Doe et al. v. Goldman et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 79-1214.
    Iowa Beef Processors, Inc., et al. v. Meat Price Investigators Assn. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-922.
    Donovan, Secretary of Labor v. Alabama et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1353.
    Van Dyk Research Corp. v. Xerox Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-1390.
    Beller v. Lehman, Secretary of the Navy, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1450.
    McLean v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 80-1512.
    Brinton v. Department of State et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-1514.
    Fontenot v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1517. No. 80-6307. No. 80-6309.
    Mazzuca v. United States; Williams v. United States; and Janovich v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 634 F. 2d 1159.


text:
    No. 80-1543.
    Amdur v. City of Chicago.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-1549.
    Texports Stevedore Co. et al. v. Winchester et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1558.
    LeBeouf Brothers Towing Co., Inc., et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1638.
    First Empire Bank-New York, by its successor-in-interest Manufacturers & Traders Trust Company of Buffalo, New York, et al. v. Federal Deposit Insurance Corporation.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1665.
    Ratcliff v. Commissioner of Internal Revenue.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1675.
    Spector et al. v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 80-1689.
    Fitzgerald v. Nations et al.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 80-1697.
    St. Louis Southwestern Railway Co. v. Mosley et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1780.
    Schwenk v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-1784.
    Calhoun v. Bailar, Postmaster General of the United States, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1830.
    Gulf States Canners, Inc. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1839.
    Davi v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 80-1840.
    Sasso v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1847.
    Wilson et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1851.
    Almaguer v. United States.
   C. A. 5th dr. Certiorari denied.


text:
    No. 80-1856.
    Mengrone v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1865.
    Abess v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6275.
    Turner v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-6315.
    Haynes v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 80-6374.
    Adler v. Ohio.
   Ct. App. Ohio, Wood County. Certiorari denied.


text:
    No. 80-6472.
    Singleton v. State Bar of Wisconsin et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-6474.
    Davis v. McAllister et al.
   C. A. 5th dr. Certiorari denied.


text:
    No. 80-6475.
    Ayers v. Maryland.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 80-6477.
    Hight v. Balkcom, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6485.
    Singleton v. State Bar of Wisconsin et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-6488.
    Nassralla v. Civil Service Board, City of San Bernardino, California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 80-6489.
    Maurer v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 80-6490.
    Haney v. Rose, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6492.
    Stewart v. Georgia et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 80-6493.
    Snead et al. v. Kirkland et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-6496.
    Jarvis v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6498.
    Young v. Missouri.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 80-6499.
    Archer v. Texas.
   Ct. Grim. .App. Tex. Certiorari denied.


text:
    No. 80-6500.
    Lewis v. Louisiana State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6505.
    Stevenson v. Anderson, Warden.
   C. A. 6th dr. Certiorari denied.


text:
    No. 80-6507.
    Bell v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 80-6510.
    Smith v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 80-6526.
    Young v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6554.
    Johnson v. Schweiker, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6560.
    Di Carlo v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6564.
    Marquez v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-6599.
    Gordon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6606.
    Roberts v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6612.
    Lopez v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6613.
    Callwood v. Government of the Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-6629.
    Herrera v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6649.
    Francis v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 79-2034.
    Blum, Commissioner, Department of Social Services of New York v. Caldwell et al.
   C. A. 2d Cir. Motion of respondents McCullough, Richmond, Grant, Barnett, Perito, Landers, and Maniccia for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-1627.
    Florida v. Busch.
   Dist. Ct. App. Fla., 1st Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-1670.
    Department of Agriculture of Georgia et al. v. Smith.
   C. A. 5th Cir. Certiorari denied.

Justice Stewart and Justice Blackmun would grant certiorari.


text:
    No. 80-1686.
    Mead Corp. v. United States District Court for the Southern District of Texas et al. (Adams Extract Co. et al., Real Parties in Interest).
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 80-6483.
    Mattison v. Sears, Roebuck & Co.
   C. A. 10th Cir. Certiorari denied.

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


author: Justice Brennan and Justice Marshall,

text:
    No. 80-6506.
    Fleming v. Austin, Warden.
   Sup. Ct. Ga. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 80-1381.
    No. 80-1415.
    No. 80-1473.
    No. 80-5757.
    No. 80-6211.
    No. 80-6300.
    No. 80-6428.
    Cissna et ux. v. Amman et al., Murphy v. Eagen, Justice, Pennsylvania Supreme Court, et al., Stevenson v. Stevenson, Davis v. Georgia, Makara v. British Petroleum Corp., John v. Joseph, Heimerle v. United States,
   450 U. S. 1042;

451 U. S. 910;

451 U. S. 911;

451 U. S. 921;

451 U. S. 914;

451 U. S. 941; and

451 U. S. 942. Petitions for rehearing denied.


text:
    No. 79-1128.
    Montana et al. v. United States et al.,
   450 U. S. 544. Motion of respondent United States for modification of opinion denied. Motion of National Tribal Chairmen’s Association et al. for leave to file a brief as amici curiae granted. Petition for rehearing denied.


text:
    June 8, 1981
    No. 80-1716.
    LaBove et ux. v. City of Groves.
   Appeal from Sup. Ct. Tex. dismissed for want of jurisdiction.


text:
    No. 80-6515.
    Cross v. Sundin et al.
   Appeal from Sup. Ct. Ya. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 80-6541.
    Prenzler v. State Bar of Arizona.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

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


text:
    No. 80-1509.
    Thone, Governor of Nebraska, et al. v. Womens Services, P. C., et al.
   Appeal from C. A. 8th Cir. Judgment vacated and case remanded for further consideration in light of H. L. v. Matheson, 450 U. S. 398 (1981).

Justice Brennan, Justice Marshall, and Justice Blackmun dissent and would affirm the judgment.


text:
    No. 80-526.
    Murray v. Branch Motor Express Co. et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Clay ton v. Automobile Workers, 451 U. S. 679 (1981).


text:
    No. 80-1166.
    Missouri v. Sinclair.
   Ct. App. Mp., Southern Dist. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Albernaz v. United States, 450 U. S. 333 (1981).


text:
    No. 80-1561.
    Missouri v. Lowery.
   Ct. App. Mo., Eastern Dist. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Albernaz v. United States, 450 U. S. 333 (1981).


text:
    No. 80-1741.
    Glitsch, Inc. v. Jones.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Texas Dept. of Community Affairs v. Burdine, 450 U. S. 248 (1981).


text:
    No. A-918.
    Becker et al. v. United States et al.
   D. C. E. D. Cal. The temporary stay heretofore entered by Justice Rehnquist is continued pending further order of the Court.


text:
    No. A-923.
    Donohue v. United States.
   D. C. Md. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. D-229.
    In re Disbarment of Lisner.
    [For earlier order herein, see 450 U. S. 1038.]
   Disbarment entered.


text:
    No. D-230.
    In re Disbarment of Conroy.
    [For earlier order herein, see 450 U. S. 1038.]
   Disbarment entered.


text:
    No. 84,
    Orig.
    United States v. Alaska.
    [For earlier order herein, see, e. g., 445 U. S. 914.]
   Motion of Inu-piat Community of the Arctic Slope for leave to intervene referred to the Special Master.


text:
    No. 80-419.
    Arizona v. Maricopa County Medical Society et al.
   C. A. 9th Cir. [Certiorari granted, 450 U. S. 979.] Motion of the Solicitor General as amicus curiae for divided argument and for additional time for oral argument granted, and 10 additional minutes allotted for that purpose. Respondents also allotted an additional 10 minutes for oral argument.


text:
    No. 80-518.
    U. S. Industries/Federal Sheet Metal, Inc., et al. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. D. C. Cir. [Certiorari granted, 450 U. S. 979.] Motion of American Insurance Association for leave to file a brief as amicus curiae granted.


text:
    No. 80-689.
    Widmar et al. v. Vincent et al.
   C. A. 8th Cir. [Certiorari granted, 450 U. S. 909.] Motions for leave to file briefs as amici curiae by the following are granted: United States Catholic Conference; Bible Study; Center for Constitutional Studies et al.; Regents of the University of California; National Association of Evangelicals; and Association for the Coordination of University Religious Affairs.


text:
    No. 80-847.
    No. 80-1067.
    Common Cause et al. v. Schmitt et al.; and Federal Election Commission v. Americans for Change et al.
   D. C. D. C. [Probable jurisdiction noted, 450 U. S. 908.] Motions of appellants for divided argument and for additional time for oral argument granted. A total of one and one-half hours is allotted for oral argument to be divided as follows: 25 minutes for Federal Election Commission; 20 minutes for Common Cause et al.; and 45 minutes for appellees.


text:
    No. 80-846.
    Rose, Warden v. Lundy.
   C. A. 6th Cir. [Certiorari granted, 450 U. S. 910.] Motion of William M. Leech, Jr., Attorney General of Tennessee, to permit John C. Zimmermann, Esquire, to present oral argument pro hac vice granted.


text:
    No. 80-1575.
    Craig et al. v. Bickel et al.
   Appeal from Sup. Ct. Mich. Motion of appellants to expedite consideration of the appeal denied.


text:
    No. 80-1777.
    No. 80-1829.
    David Orgell, Inc. v. Josiah Wedgwood & Sons, Inc., et al. Austin, State Attorney, Fourth Judicial Circuit of Florida, et al. v. Roberts et al.
   C. A. 9th Cir.; and

C. A. 5th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 80-6439.
    In re McCrary.
   Petition for writ of mandamus denied.


text:
    No. 80-1240.
    Franzen, Corrections Director v. Williams et al.
   C. A. 7th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 80-1254.
    Michigan v. Smith.
   Ct. App. Mich. Cer-tiorari denied.


text:
    No. 80-1379.
    Louisiana Department of Labor, Office of Employment Security v. Roman Catholic Church of the Archdiocese of New Orleans et al.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 80-1300.
    Louisiana Department of Highways et al. v. Crador, Executrix.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1356.
    Rhoades et al. v. Arkansas.
   Ct. App. Ark. Certiorari denied.


text:
    No. 80-1419.
    Hamilton v. Stover.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 80-1502.
    Fishman et al. v. Teachers’ Retirement System of Illinois et al.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 80-1525.
    Washington Metropolitan Area Transit Authority v. General Railway Signal Co.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-1544.
    Blue Grass Provision Co., Inc. v. National Labor Relations Board.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-1547.
    Associated General Contractors of California, Inc. v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1563.
    Howard Trucking Co., Inc., et al. v. Boudloche et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1569.
    Johnson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-1579.
    Kurz-Kasch, Inc. v. Metal Polishers, Buffers, Platers & Allied Workers International Union, AFL-CIO, Local 11, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-1600.
    Holmes v. Union Gospel Press et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 80-1629.
    National Labor Relations Board v. Manhattan Corp., Manhattan Guest House, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1642.
    Robinson et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1658.
    Jacobs et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1698.
    Bloch v. Bloch et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 80-1711.
    Struthers Wells Corp. v. National Labor Relations Board.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-1715.
    Kuhn et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1717.
    Reading Industries, Inc. v. Kennecott Copper Corp. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1720.
    People Versus Porn (Profit of Richard Nixon) et al. v. Nixon.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-1721.
    Peek, District Attorney, Stone Mountain Judicial Circuit v. Fitzgerald et ux.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1728.
    Yeoham et al. v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1742.
    Baltimore & Ohio Railroad Co. v. R. J. Dickey Co., Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-1753.
    Textron, Inc. v. Ciccone.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-1757.
    Mitan v. Attorney Registration and Disciplinary Commission of Illinois et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-1773.
    Aufiero v. Clarke et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-1820.
    Marcello v. District Director of the Immigration and Naturalization Service, New Orleans, Louisiana.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1825.
    Grace et al. v. Butterworth, Correctional Superintendent, et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-1881.
    Rush v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-1898.
    Croft Metals, Inc., et al. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-1915.
    Delagarza v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-6181.
    Bishop v. Mazurkiewicz et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-6208.
    Carter v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6264.
    Ainsworth v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 80-6270.
    Laffitte v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 80-6311.
    Colander v. Shields.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-6336.
    Rios v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-6378.
    Obregon v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-6379.
    Busic v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-6389.
    Cole v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6403.
    Saunders v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6408.
    Snyder v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-6464.
    Thomas v. Hill et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6469.
    Ford et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-6471.
    Lowe v. Parker et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6511.
    Levario v. State Bar of California, Committee of Bar Examiners.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 80-6512.
    Kinney v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6513.
    Neumann v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 80-6524.
    Miller v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 80-6525.
    Hinkle v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 80-6530.
    Tilley v. Hilliard et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-6534.
    Silo v. Kelly, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-6535.
    Lawson v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 80-6536.
    McClain v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-6538.
    Higgins v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 80-6539.
    Sykes v. Stephens, Attorney General of Kentucky.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-6542.
    Collier v. Los Angeles Southwest College.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6590.
    Lanier v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-6597.
    Day v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6611.
    Duckett v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-6627.
    J. B. v. District of Columbia.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-6634.
    Broussard v. Lippman, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-6640.
    Kenny v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6660.
    Rennie et al. v. Klein, Commissioner, Department of Human Services of New Jersey, et al.
   C. A. 3d Cir. Certiorari before judgment denied.


text:
    No. 80-6663.
    Ruben v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-6672.
    Sonderup v. United States.
   C. A. 5th Cir. Certiorari denied.