text:
    No. 87-726.
    Delaware County Prison Board of Inspectors v. Hynson, a Minor, by and Through her Grandparent and Guardian, Hynson, et al.
   C. A. 3d Cir. Certiorari denied.


source: Caselaw Access Project

license: Public Domain

text:
    No. 87-729.
    Barient, Inc., et al. v. Lewmar Marine, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-732.
    Wheeler et al. v. Commissioner of Highways of Kentucky.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-733.
    Arenburg v. Farmholme, Inc., et al.
   App. Ct. Conn. Certiorari denied.


text:
    No. 87-738.
    Guarino v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 87-739.
    Boat Niagara Falls, Inc. v. Joia et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-740.
    Banos v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 87-743.
    Caminiti et al. v. Boyle, Commissioner of Public Lands, et al.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 87-744.
    Armco Inc. v. Maryland Casualty Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-753.
    Rosetti v. Avondale Shipyards, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-754.
    Coombe, Deputy Commissioner for Facility Operations, New York Department of Corrections v. Jenkins.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-755.
    Arcwel Corp. v. Southwest Marine, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-762.
    Ewers v. Board of County Commissioners of County of Curry.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-763.
    Elzey v. Archer et al.
   Ct. App. Ind. Certiorari denied.


text:
    No. 87-766.
    Cunningham et ux., Administrators of the Estate of Cunningham v. Insurance Company of North America.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-772.
    In re Young.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-773.
    Allen et al. v. Board of Trustees of the California State Universities and Colleges et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-776.
    Transportation Communications Union v. Baltimore & Ohio Railroad Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-777.
    Krowitz v. Department of Agriculture, United States Forest Service.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-778.
    MGA, Inc. v. General Motors Corp. et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-782.
    Wesner v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union No. 764, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-783.
    Cordova Clay Co., Inc. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-785.
    Donovan v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 87-788.
    HMK Corp. v. Walsey et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-790.
    Johnson v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 87-793.
    Shaw v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-794.
    Penman v. International Alliance of Theatrical Stage Employees & Moving Picture Machine Operators of the United States and Canada, Publicists Guild, Local 818.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-795.
    Henein v. Saudi Arabian Parsons Ltd.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-797.
    Pollak v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 87-798.
    Pollak v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 87-799.
    Lindsay, dba MAC Advertising Co., et al. v. City of San Antonio.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-802.
    Lomar Wholesale Grocery, Inc. v. Dieter’s Gourmet Foods, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-805.
    Fleming v. Gibson et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-806.
    Olson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-807.
    Latella v. Jackson, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-809.
    Bullard v. Northcutt et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-811.
    Korbel v. California (two cases).
   App. Dept., Super. Ct. Cal., Los Angeles County. Certiorari denied.


text:
    No. 87-812.
    Levy v. Exxon Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-817.
    Bayer v. Payne, Secretary of Revenue for South Dakota.
   Sup. Ct. S. D. Certiorari denied.


text:
    No. 87-829.
    Wade v. District of Columbia Court of Appeals.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-834.
    Curcio v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-839.
    Eldridge v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 87-842.
    Harris Methodist H-E-B Board of Trustees et al. v. Jatoi.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-848.
    Commissioner, Massachusetts Department of Mental Health, et al. v. Rogers et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-857.
    Pohlot v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-861.
    Teamsters Local No. 728 v. Mims.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-866.
    Gillette v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-867.
    Neeley v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-880.
    General Electric Co. v. M/V NEDLLOYD ROUEN et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-881.
    Gross v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-887.
    7.92 Acres of Land et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-888.
    Rafferty, Superintendent, Rahway State Prison, et al. v. Carter et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-890.
    Walker v. Consumers Power Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-908.
    Ryan v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-923.
    Robilotto v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5065.
    Wernert v. Arn, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5201.
    Tyler v. Wadman et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5228.
    Tate v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5248.
    Caraballo-Garcia v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5261.
    Eagle Hawk v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5265.
    Kitchens-Shumow v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5272.
    Smith v. McMillian et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5302.
    Monahan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5311.
    Morris v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5320.
    Rodriguez-Pagan v. Bowen, Secretary of Health and Human Services.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5335.
    Newman v. Terry, Attorney General of Virginia.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5401.
    Danner v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5407.
    Martinelli v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5434.
    Grizzle v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 87-5458.
    Phillips v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5489.
    Bennett v. North American Van Lines et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5517.
    Casper v. Ryan, Superintendent, State Correctional Institution at Dallas, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5532.
    Chambers v. Getty et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5550.
    Myers v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5661.
    Alomia-Riascos et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5667.
    Jackson v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5703.
    Thomas v. Norbar, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5724.
    Martin v. Perezous et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5729.
    Lepiscopo v. Robins et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5732.
    Fay v. United States Postal Service et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5734.
    Sindram v. Reading.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5735.
    Riley v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-5737.
    Williams v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5739.
    Muhammad v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5742.
    McDonough v. Trustees of the University System of New Hampshire et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5743.
    Phillips v. Hernandez.
   Ct. App. La., 3d Cir. Certiorari denied.


text:
    No. 87-5744.
    Connelly v. Armco Financial Corp. et al.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 87-5745.
    Olan v. New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5751.
    Brown v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-5753.
    Haynes v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5757.
    Campos v. LeFevre, Superintendent, Clinton Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5761.
    MacGuire v. Administrator of the Rappahannock Security Complex.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 87-5766.
    Williams v. Abshire, Superintendent, Riverside Correctional Facility.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5769.
    Noll v. Petrovsky, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5770.
    Mulazim v. Michigan Department of Corrections et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5771.
    Chatfield v. Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 87-5774.
    Sullivan v. Silverthorn et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5775.
    Miller v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 87-5776.
    Monroe v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5777.
    Mejia-Salcedo v. Lynaugh, Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5779.
    McLaughlin v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 87-5782.
    Becker v. Adams Drug Co., Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5783.
    Brown v. Newsome, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5784.
    Lee v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-5785.
    Nurse v. Smith, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5786.
    Sullen v. Davis, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5791.
    Hall v. Virginia.
   Ct. App. Va. Certiorari denied.


text:
    No. 87-5797.
    Verhagen v. New York State Office of Court Administration et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5801.
    Arunga v. Johnson et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5804.
    Cave v. Shortridge et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5814.
    Willis v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 87-5823.
    Fellay v. Secretary of the Army et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5825.
    Krahn et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5827.
    Mackay v. Goss et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5828.
    Nelson v. Bludworth et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5829.
    Shockey v. Tate, Superintendent, Chillicothe Correctional Institute.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5830.
    Woodliff v. Hopkins, Commissioner, Maryland Division of Correction.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5831.
    Thomas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5838.
    Berrisford v. Wood, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5839.
    Daniels v. Secretary of Health and Human Services.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5841.
    Henry v. Zimmerman, Superintendent, State Correctional Institution and Diagnostic and Classification Center at Graterford, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5842.
    Owchariw v. Korn.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 87-5844.
    DeBardeleben v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5848.
    Leos v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5850.
    Burgess v. Brown et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5851.
    Tolbert v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 87-5853.
    Proctor v. Backrach Clothing, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5854.
    Murr v. Ohio.
   Ct. App. Ohio, Sandusky County. Certiorari denied.


text:
    No. 87-5855.
    Roberson v. Norris et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5856.
    Williams v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-5857.
    Wilson v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-5858.
    Martin v. Hayes et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5859.
    Sebetich v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5861.
    Bell v. Thurman, Superintendent, California Institution for Men, et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 87-5862.
    Bryan v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-5863.
    Caudle v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5864.
    Gelabert v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 87-5866.
    Brown v. Bowles, Sheriff, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5867.
    Nelson v. Hokes, Superintendent, Eastern Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5874.
    Brown v. Quilian et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5881.
    Pedro v. Oregon Board of Parole.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5886.
    Morris v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5887.
    Yepez-Urias v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5889.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5894.
    Bently v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5895.
    Wallace v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5899.
    Smith v. Coleman et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5900.
    Mickens v. Duckworth, Superintendent, Indiana State Prison, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5906.
    Beecham v. Scroggy, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5907.
    Glidewell v. Burden, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5908.
    Dice v. Bolden et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5914.
    Spann v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5924.
    Graf v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5925.
    David v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5934.
    Galonis v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5939.
    Everett v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5941.
    Suarez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5942.
    O’Dell v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5948.
    Anderson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5950.
    Cofield v. Merit Systems Protection Board.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5952.
    Judd v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5955.
    Howard v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5956.
    Miguens Oller v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5959.
    McNeil v. Dunn et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5960.
    Hill v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-5963.
    Browning v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5964.
    Astley v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 831 F. 2d 288.


text:
    No. 87-442.
    Pennsylvania Drilling Co., Inc. v. Sorba.
   C. A. 3d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-765.
    Armstrong Rubber Co. et al. v. Local 670, United Rubber, Cork, Linoleum & Plastic Workers of America, AFL-CIO, et al.
   C. A. 6th Cir. Certiorari denied. Justice White would grant certiorari.


text:
    No. 87-532.
    Guglielmi v. United States.
   C. A. 4th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant the petition for writ of certiorari and reverse the judgment of conviction.


text:
    No. 87-545.
    Perales, Commissioner of the New York State Department of Social Services v. Krieger.
   Ct. App. N. Y. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 87-585.
    Linne et al. v. United States.
   C. A. 4th Cir. Motion of petitioners to defer consideration of the petition for writ of certiorari and other relief denied. Certiorari denied.


text:
    No. 87-702.
    Dong v. Board of Trustees of Leland Stanford Junior University.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.

Justice O’Connor took no part in the consideration or decision of this petition.


text:
    No. 87-767.
    Soliman v. Ebasco Services, Inc.
   C. A. 2d Cir. Motion of respondent for damages denied. Certiorari denied.


text:
    No. 87-787.
    University of Pittsburgh v. Jackson.
   C. A. 3d Cir. Motion of respondent for costs and damages denied. Certiorari denied.


text:
    No. 87-5748.
    Steffens et ux. v. Wagon Wheel Associates, Inc., et al.
   Ct. App. Colo. Certiorari denied.

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


author: Justice Brennan and Justice Marshall,

text:
    No. 87-5762.
    Craig v. Florida. Preston v. Missouri. Williams v. Virginia. Rogers v. Florida. Pollard v. Missouri. Bell v. South Carolina.
    No. 87-5768.
    No. 87-5790.
    No. 87-5792.
    No. 87-5818.
    No. 87-5846.
   Sup. Ct. Fla.;

Ct. App. Mo., Eastern Dist.;

Sup. Ct. Va.;

Sup. Ct. Fla.;

Sup. Ct. Mo.; and

Sup. Ct. S. C.

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 sentences in these cases.


text:
    No. 86-1791.
    Ward v. Sentry Title Co., Inc., Mmoe v. Crothers et al., Dainwood v. Lynaugh, Director, Texas Department of Corrections, Stanton v. United States District Court for the District of Columbia, Goldstein v. Crawford et al., U. S. Telecom, Inc., fka U. S. Telephone, Inc., et al. v. Speakers of Sport, Inc., In re Asam, In re Asam, Polyak v. Boston et al., Vence et al. v. Bolivar County Community Action Program, Inc., et al., Richendollar v. Diamond M Drilling Co., Inc., In re Polyak, D’Amario v. Providence Civic Center Authority et al., Brooks v. Louisiana, Cully v. Cutlip et al., Cully v. Lutheran Medical Center, Whitehead v. Illinois, Kurtz v. Kurtz, Liles v. Oklahoma, Payne v. Virginia, Pedraza v. Heard et al., Adams v. Florida, Williams v. Cadillac Insurance Co. et al.,

      No. 86-6950.
    No. 86-7077.
    No. 87-262.
    No. 87-281.
   ante, p. 818;

ante, p. 836;

ante, p. 953;

ante, p. 925;

ante, p. 943;

No. 87-286.

No. 87-345.

No. 87-390.

No. 87-414.

No. 87-433.

No. 87-504.

No. 87-580.

No. 87-5072.

No. 87-5077.

No. 87-5194.

No. 87-5195.

No. 87-5257.

No. 87-5383.

No. 87-5427.

No. 87-5445.

No. 87-5456.

No. 87-5539.

No. 87-5579.

ante, p. 925;

ante, p. 909;

ante, p. 909;

ante, p. 919;

ante, p. 927;

ante, p. 944;

ante, p. 952;

ante, p. 859;

ante, p. 947;

ante, p. 899;

ante, . 899;

ante, p. 933;

ante, p. 916;

ante, p. 933;

ante, p. 933;

ante, p. 930;

ante, p. 951; and

ante, p. 957. Petitions for rehearing denied.


text:
    No. 87-5660.
    Cordeiro v. Conner et al.,
   ante, p. 970. Petition for rehearing denied.

Justice O’Connor took no part in the consideration or decision of this petition.


text:
    January 14, 1988
    No. 86-1621.
    American Standard Inc. et al. v. Steel Valley Authority.
   C. A. 3d Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    January 15, 1988
    No. A-532.
    Terrence K. v. United States Department of State.
   D. C. E. D. N. Y. Application for stay, presented to Justice Blackmun, and by him referred to the Court, denied. The order entered January 9, 1988, in this case is vacated.


text:
    January 19, 1988
    No. 87-919.
    Times Mirror Co. et al. v. City of Los Angeles.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question.

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


text:
    No. 86-871.
    Potomac Electric Power Co. v. Curran, Attorney General of Maryland, et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Deakins v. Monaghan, ante, p. 193, and to consider the question of mootness.


text:
    No. 86-2015.
    General Electric Co. v. United States et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Westfall v. Erwin, ante, p. 292.


text:
    No. 86-6678.
    Plath v. South Carolina.
   Ct. Common Pleas of Beaufort County, S. C. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Yates v. Aiken, ante, p. 211.


text:
    No. 86-6698.
    Arnold v. South Carolina.
   Ct. Common Pleas of Beaufort County, S. C. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Yates v. Aiken, ante, p. 211.


text:
    No. 87-275.
    Sparks v. Character and Fitness Committee of Kentucky et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Forrester v. White, ante, p. 219.


text:
    No. 87-299.
    Crooks et al. v. Maynard, Judge.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Forrester v. White, ante, p. 219.


text:
    No.---.
    McDonald v. Black.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. 109, Orig.
    Oklahoma et al. v. New Mexico.
   It is ordered that Jerome C. Muys, Esq., of Washington, D. C., be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and the authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The compensation of the Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. [For earlier order herein, see ante, p. 808.]


text:
    No. 85-1765.
    Bankers Life & Casualty Co. v. Crenshaw.
   Sup. Ct. Miss. [Probable jurisdiction noted, 480 U. S. 915.] Motion of appellant for leave to file a supplemental brief after argument granted.

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


text:
    No. 86-1836.
    New York State Club Assn., Inc. v. City of New York et al.
   Ct. App. N. Y. [Probable jurisdiction noted, ante, p. 812.] Motion of Licensing Board of the City of Boston for leave to file a brief as amicus curiae granted.


text:
    No. 87-59.
    United States Postal Service v. National Association of Letter Carriers, AFL-CIO.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 984.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-157.
    Allied Tube & Conduit Corp. v. Indian Head, Inc.
   C. A. 2d Cir. [Certiorari granted, ante, p. 814.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 87-354.
    Arizona v. Roberson.
   Ct. App. Ariz. [Certiorari granted, ante, p. 975.] Motion for appointment of counsel granted, and it is ordered that Robert L. Barrasso, Esq., of Tucson, Ariz., be appointed to serve as counsel for respondent in this case. Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 87-660.
    Peters et al. v. City of Shreveport. H. K. Porter Co., Inc. v. Metropolitan Dade County, Florida, et al.
    No. 87-1001.
   C. A. 5th Cir.; and

C. A. 11th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 87-5269.
    Ohse v. Hughes et al.
   C. A. 7th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until February 9, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.


text:
    No. 87-5875.
    Popham v. City of Kennesaw et al.
   C. A. 11th Cir. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until February 9, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, Justice Blackmun, and Justice Stevens,

dissenting.

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


text:
    No. 87-5890.
    In re Tripati.
   Petition for writ of mandamus denied.


text:
    No. 87-920.
    Meyer, Colorado Secretary of State, et al. v. Grant et al.
   Appeal from C. A. 10th Cir. Probable jurisdiction noted.


text:
    No. 87-626.
    Sheridan et ux. v. United States.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 87-573.
    United States v. Taylor.
   C. A. 9th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 87-5428.
    Houston v. Lack, Warden.
   C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 86-833.
    Deschambault et al. v. Sowell.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-862.
    Potts et al. v. Heathcoat, Administratrix for the Estate of Heathcoat.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-413.
    Hughes et al. v. Ohse.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-492.
    Collyer v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-502.
    ARCO Oil & Gas Co. v. Williston Basin Interstate Pipeline Co. et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-515.
    UMC Electronics Co. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-529.
    Polakof et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-535.
    DeBock v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-570.
    Colafella et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-613.
    Brody, Judge, United States Bankruptcy Court v. Guercio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-643.
    Repp v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-650.
    Nixon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-651.
    Fakhoury v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-656.
    Nelson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-668.
    Chelsea Laboratories, Inc. v. National Labor Relations Board.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-675.
    Johnston v. Makowski, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-680.
    Miller v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-692.
    Stark v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-693.
    Owen v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-742.
    Seligman & Associates, Inc. v. National Labor Relations Board.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-792.
    Eden Services et al. v. Ryko Manufacturing Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-800.
    Richie, Individually and dba Brockman Music, et al. v. Thompson.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-804.
    Beason v. Board of School Directors of the City of Milwaukee et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-813.
    Brandt et al., dba Brandt Construction Co. v. Uptown National Bank of Moline.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-816.
    Joan G. v. Orange County Social Services Agency.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 87-822.
    Fonar Corp. et al. v. Johnson & Johnson et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-823.
    Lucas v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-824.
    Rice v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-831.
    Abeyta v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-850.
    Hart Schaffner & Marx et al. v. Schultz et vir, Individually and on Behalf of Their Minor Daughter, Schultz.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-855.
    City of Fayetteville, North Carolina v. Spell.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-856.
    Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Randall et ux.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-862.
    Vanherbert v. Ohio.
   Ct. App. Ohio, Summit County. Certiorari denied.


text:
    No. 87-869.
    North v. Walsh.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-874.
    Shashaty v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 87-886.
    Hargrove v. Board of Trustees of the Maryland Retirement System.
   Ct. App. Md. Certiorari denied.


text:
    No. 87-896.
    Foster v. Peddicord.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-899.
    Ogborne v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-951.
    Abbott v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 87-957.
    TVL Corp. v. Spanish International Communications Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-959.
    Miller v. Bowen, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-990.
    Riser v. LaSalle Parish School Board et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5470.
    Arthur v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5560.
    Villalobos-Lorduiz et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5561.
    Tripati v. Immigration and Naturalization Service et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5578.
    Brown v. Newsome, Superintendent, Georgia State Prison, et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 87-5589.
    Patterson v. Redman.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5599.
    DiNicola v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-5600.
    Banner v. Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 87-5646.
    Ogami v. Hawaii.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 87-5652.
    Hurley v. Arizona.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 87-5697.
    Cox v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5736.
    Mince v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5847.
    Lyons v. Department of the Army et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5865.
    Fairley v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 87-5879.
    Frazier v. Railroad Retirement Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5882.
    Bailey v. Riess et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5883.
    Bailey v. Edward et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5893.
    Abernathy v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5896.
    German v. Sundown Vitamins, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5897.
    Stanley et ux. v. Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5898.
    Stearns-Miller v. South Carolina Department of Corrections et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5901.
    Ronson v. Commissioner of Correction of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5902.
    Underwood v. Bowen, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5905.
    Jones v. Griswold, Acting Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5910.
    Telepo v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 87-5911.
    Turner v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-5912.
    Wells v. Hardy et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5918.
    Terry v. Morgan et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5922.
    Gardner v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5927.
    Strong v. Mercantile Trust Co., N. A.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5928.
    Weber v. Nordman, Cormany, Hair & Compton et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5944.
    Noll v. Wilkerson et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5949.
    Bratcher v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5977.
    Berkman v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5986.
    Savage v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5991.
    Thomas v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5994.
    Glass v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5998.
    Elrich et al. v. Wright et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6009.
    More v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6015.
    Falcon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6027.
    Ervin v. Traxler, Judge, Seventh Judicial Circuit of South Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6029.
    Whitehead v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 87-6065.
    Kelley v. Hail et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6097.
    Hughes v. South Carolina.
   C. A. 4th Cir. Certiorari denied.


author: Justice White,

text:
    No. 87-388.
    Lormand v. Aries Marine Corp. et al.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

The issue here is the proper definition of seaman status under the Jones Act. Petitioner, an employee for a welding company, was injured while working aboard a barge. He brought suit in District Court against his employer and the owner of the barge. The suit was unsuccessful, and in particular the District Court granted summary judgment for petitioner’s employer on the Jones Act claim, ruling that petitioner was not a “seaman” as that term is used in 46 U. S. C. §688. The Fifth Circuit affirmed on appeal, adhering to the test for determining seaman status that it had recently stated in an en banc decision. Lormand v. Superior Oil Co., 845 F. 2d 536, 539 (1987), citing Barrett v. Chevron U. S. A., Inc., 781 F. 2d 1067 (CA5 1986) (en banc). Judge Rubin stated that he concurred in the opinion only because he was bound to do so by the Barrett decision, though he continued to adhere to his dissent in Barrett. Judge Brown concurred separately on a different issue.

In Barrett, the Fifth Circuit as a whole reaffirmed its adherence to the test it had followed for almost 30 years, which states that to qualify as a “seaman” a person must either be assigned permanently to a vessel or perform a substantial part of his work aboard it, and also that the person’s duties or capacities must contribute to the function of the vessel or to the accomplishment of its mission. Barrett, supra, at 1070-1074; Offshore Co. v. Robison, 266 F. 2d 769 (CA5 1959). Of the eight judges who formed the majority in Barrett, however, four concurred specially, noting that they joined the majority only to establish a firm rule but would have preferred to adopt the test formulated by the Seventh Circuit, which puts the issue of seaman status to a jury whenever the person “had a more or less permanent connection with a vessel in navigation” and “made a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel.” Johnson v. John F. Beasley Constr. Co., 742 F. 2d 1054, 1063, cert. denied, 469 U. S. 1211 (1985). Judge Rubin dissented, joined by five other judges, stating that the Robison test should be supplemented by considering the person’s status not only in light of his permanent job assignment but also in light of any assignment imposed on him for a hitch of more limited duration. Barrett, supra, at 1077-1078.

The test used by the Fifth Circuit to determine seaman status is inconsistent with the test used by the Seventh Circuit. In addition, the Third Circuit has formulated the second part of the Robison test as whether the person is aboard the vessel “primarily to aid in its navigation.” Simko v. C. & C. Marine Maintenance Co., 594 F. 2d 960, 964, cert. denied, 444 U. S. 833 (1979). The split among the Circuits on this issue warrants our granting certiorari.


text:
    No. 87-624.
    Consolidated Freightways Corporation of Delaware v. Secretary of Transportation of Pennsylvania et al.
   C. A. 3d Cir. Certiorari denied.

Justice White and Justice Marshall would grant certiorari.


text:
    No. 87-734.
    Kay et al. v. David Douglas School District No. 40 et al.
   Sup. Ct. Ore. Certiorari denied.

Justice White,

dissenting.

This case presents the difficult question whether a plaintiff can recover attorney’s fees under 42 U. S. C. §1988 when the underlying action has become moot because of compliance by the defendant with a court order. Here petitioners challenged respondents’ plans to incorporate formal public prayer in the commencement exercises of a public high school. After numerous unsuccessful attempts to persuade respondents to drop the public prayer, petitioners brought suit in state court, challenging respondents’ plans as violative of the State and Federal Constitutions and seeking attorney’s fees under state law and § 1988. The trial court made an oral ruling that the planned public prayer violated state and federal law, and consequently respondents dropped the public prayer from the commencement exercises. About a month after the commencement exercises, the trial court issued a written order reaffirming the earlier oral decision and awarding attorney’s fees. The Oregon Court of Appeals affirmed the holding that the planned public prayer violated the State Constitution and affirmed the award of attorney’s fees under § 1988. 79 Ore. App. 384, 719 P. 2d 875 (1986).

The Oregon Supreme Court reversed the Court of Appeals and remanded the case to the trial court to vacate the judgment. 303 Ore. 574, 738 P. 2d 1389 (1987). The court reasoned that there was no longer a justiciable controversy because petitioners had already graduated, public prayer was not included in their commencement exercises, and petitioners did not seek to enjoin future repetitions of this challenged conduct. The court held that under Oregon law, the oral order was not an effective preliminary injunction or final order until it was reduced to writing and by the time it was rendered in writing the controversy was no longer justiciable.

The Oregon Supreme Court’s decision that a § 1988 fees award is not available in this case creates a conflict in the courts over the award of fees when the underlying action is rendered unreviewable after it has been filed. The courts are in agreement that a §1988 fees award is proper where the defendant “voluntarily” complies under threat of the lawsuit, for such compliance, although mooting the lawsuit, shows acquiescence in the plaintiff’s position. E. g., Martin v. Heckler, 773 F. 2d 1145, 1148-1149 (CA11 1985) (en banc); DeMier v. Gondles, 676 F. 2d 92 (CA4 1982); see Hewitt v. Helms, 482 U. S. 755, 761 (1987) (“[I]f the defendant, under pressure of the lawsuit, alters his conduct (or threatened conduct) towards the plaintiff that was the basis for the suit, the plaintiff will have prevailed”). The more difficult question presented by this case is whether a defendant’s “involuntary” compliance with a seemingly valid court order supports an award of fees under § 1988, where such compliance, under fear of contempt, moots a lawsuit such as this one but does not demonstrate acquiescence in plaintiff’s position. The decision here denying an award of fees under § 1988 conflicts with decisions from three Circuits upholding §1988 fees awards in the involuntary-compliance-plus-mootness context. Grano v. Barry, 251 U. S. App. D. C. 289, 294-295, 783 F. 2d 1104, 1109-1110 (1986); Williams v. Alioto, 625 F. 2d 845, 847-848 (CA9 1980) (per curiam), cert. denied, 450 U. S. 1012 (1981); Doe v. Marshall, 622 F. 2d 118, 119-120 (CA5 1980), cert. denied, 451 U. S. 993 (1981).

The federal issue raised by this petition for certiorari is substantial and requires resolution by this Court. An award of fees under § 1988 to these petitioners may be appropriate, for petitioners were in one sense “prevailing parties”: although the dispute was later held to be moot, the seemingly valid oral ruling by the trial court gave them all that they sought. On the other hand, there has never been a final determination, tested on appeal, that petitioners’ position was legally sound. Arguably, respondents should not be forced to bear an award of fees where they have never been finally determined to have violated the Federal Constitution or laws and have steadfastly maintained the contrary position. And arguably, under United States v. Munsingwear, Inc., 340 U. S. 36, 39-40 (1950), no party should be prejudiced by a decision which in the statutory scheme for judicial decisionmaking was only preliminary. The resolution of these competing concerns is plainly important to determining who is a “prevailing party” under § 1988. Because of the conflict in the courts over this question of federal law, I would grant certiorari.


text:
    No. 87-5570.
    Ford v. United States.
   C. A. 5th Cir. Certiorari denied.

Justice White,

dissenting.

The issue here is whether it is consistent with the Federal Magistrates Act for a district court to delegate jury selection to a magistrate. In this case, petitioner was convicted by a federal jury on the felony charge of stealing Government property. A United States Magistrate presided over the selection of the jury which, despite the relatively routine nature of the charges, took about four hours and was not free of difficulty. Neither the Government nor defense counsel expressly consented or objected to the Magistrate’s presiding over the voir dire proceedings. On appeal, petitioner argued that the District Court violated the Federal Magistrates Act, 28 U. S. C. §§631-639 (1982 ed. and Supp. Ill), by allowing the Magistrate to preside over jury selection. A panel of the Fifth Circuit rejected this argument. 797 F. 2d 1329 (1986), cert. denied, 479 U. S. 1070 (1987).

The case was accepted for rehearing en banc, and in a split decision the full court affirmed, though on other grounds. It ruled that the Act does not grant a district court the power to delegate jury selection to a magistrate as an “additional dut[y]” under 28 U. S. C. § 636(b)(3), and that the opposite construction of this section would pose “grave constitutional issues.” 824 F. 2d 1430, 1435 (1987). Nonetheless, it affirmed the conviction because petitioner had failed to object to this procedure at trial and the violation did not amount to plain error because it did not render the trial fundamentally unfair. Judge Jolly concurred in the result, concluding that under the Act and the Constitution a magistrate may conduct voir dire at a jury trial unless the defendant objects. Id., at 1439. Judge Rubin dissented, joined by three other judges, concluding that it does not violate either the Act or the Constitution for a magistrate to conduct the voir dire proceedings in a criminal trial. Id., at 1440-1448.

If the decision below is incorrect, and this use of the magistrate violates either the Act or the Constitution, then it is not obvious that this violation can be dismissed under the “plain error” doctrine. And the position of the Fifth Circuit on this issue conflicts with two decisions of the Ninth Circuit. United States v. Peacock, 761 F. 2d 1313, 1317-1319, cert. denied, 474 U. S. 847 (1985); United States v. Bezold, 760 F. 2d 999, 1001-1003 (1985), cert. denied, 474 U. S. 1063 (1986). See also United States v. Rivera-Sola, 713 F. 2d 866, 872-873 (CA1 1983) (dictum). The split among the Circuits on this issue warrants our granting certiorari.


text:
    No. 87-5620.
    Hoo v. United States.
   C. A. 2d Cir. Certiorari denied.

Justice White,

dissenting.

The issue presented by this petition for certiorari is what is the correct test for determining if prosecutorial preindictment delay amounts to a violation of the Due Process Clause of the Fifth Amendment. See United States v. Lovasco, 431 U. S. 783 (1977). In this case, the petitioner argued that he was prejudiced by the prosecutorial delay in filing the indictment against him, for it was filed 13 days after he turned 21 years of age, and consequently he was ineligible for the protections of the Federal Juvenile Delinquency Act, 18 U. S. C. §5031 et seq. The Second Circuit held that there was no due process violation because petitioner “made no showing of an improper prosecutorial motive.” 825 F. 2d 667, 671 (1987). Other Circuits have similarly required a showing of prosecutorial misconduct' designed to obtain a tactical advantage over the defendant or to advance some other impermissible purpose in order to establish a due process violation. United States v. Ismaili, 828 F. 2d 153, 166 (CA3 1987); United States v. Lebron-Gonzalez, 816 F. 2d 823, 831 (CA1), cert. denied, ante, pp. 843, 857; United States v. Caporale, 806 F. 2d 1487, 1514 (CA11 1986), cert. denied, 482 U. S. 917, 483 U. S. 1021 (1987); United States v. Jenkins, 701 F. 2d 850, 854-855 (CA10 1983). Two Circuits, however, have concluded that intentional misconduct is not the sine qua non for a due process violation from prosecutorial preindictment delay, and instead they hold that the proper inquiry is to balance the prejudice to the defendant against the Government’s justification for delay. United States v. Valentine, 783 F. 2d 1413, 1416 (CA9 1986); United States v. Automated Medical Laboratories, Inc., 770 F. 2d 399, 403-404 (CA4 1985). Exemplifying the significant disagreement in the lower courts over the proper test, panels in the Fifth and Seventh Circuits have acknowledged conflicts between decisions from their own Circuits on this issue. Dickerson v. Louisiana, 816 F. 2d 220, 229, n. 16 (CA5), cert. denied, ante, p. 956; United States v. Hollins, 811 F. 2d 384, 387-388 (CA7 1987). The continuing conflict among the Circuits on this important question of constitutional law requires resolution by this Court; I would grant certiorari.


text:
    No. 87-5772.
    Lewis et al. v. United States.
   C. A. 6th Cir. Certiorari before judgment denied.


text:
    No. 87-5904.
    Trapani v. CBS Records, Inc., et al.
   C. A. 6th Cir. Certiorari before judgment denied.


text:
    No. 87-5795.
    Smith v. Kentucky. Clanton v. Bair, Warden, et al. Resnover v. Indiana. Barnes v. Virginia. Stouffer v. Oklahoma. Van Woudenberg v. Oklahoma. Byrd v. Ohio.

      No. 87-5877.
    No. 87-5885.
    No. 87-5892.
    No. 87-5909.
    No. 87-5913.
   Sup. Ct. Ky.;

C. A. 4th Cir.;

Sup. Ct. Ind.;

Sup. Ct. Va.;

Ct. Crim. App. Okla.;

Ct. Crim. App. Okla.; and

No. 87-6002.

Sup. Ct. Ohio. 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 sentences in these cases.


text:
    No. 87-5997.
    Haskins v. Virginia.
   C. A. 4th Cir. Certiorari denied. Justice White dissents and would grant certiorari to resolve conflicts among the Circuits. See Kerr v. Finkbeiner, 474 U. S. 929 (1985)

(White, J., dissenting from denial of certiorari).


text:
    No. 86-7164.
    McDowell v. United States, Richardson et al. v. Lane et al., Hancich v. Gopoian et al., Lauderdale v. Superior Court of California, County of Alameda, et al., Mingledolph v. McKean, Chairman of the Postal Board, et al., Wool v. Richardson et al., Lunz v. Henderson, Superintendent, Auburn Correctional Facility, Bynum v. Bureau of Prisons,
    No. 87-472.
    No. 87-520.
    No. 87-5530.
    No. 87-5632.
    No. 87-5634.
    No. 87-5644.
    No. 87-5721.
   ante, p. 980;

ante, p. 953;

ante, p. 964;

ante, p. 956;

ante, p. 967;

ante, p. 960;

et al., ante, p. 958; and

ante, p. 979. Petitions for rehearing denied.


text:
    No. 85-429.
    Exxon Corp. v. United States et al.,
   474 U. S. 1105. Motion for leave to file petition for rehearing denied.


text:
    January 25, 1988
    No. 87-927.
    Richardson et al. v. Edwards, Governor of Louisiana, et al.
   Affirmed on appeal from D. C. M. D. La.


text:
    No. 87-661.
    Northwood Nursing & Convalescent Home, Inc. v. City of Philadelphia Board of Revision of Taxes.
   Appeal from Pa. Commw. Ct. Motion of appellee for damages denied. Appeal dismissed for want of properly presented federal question.


text:
    No. 87-871.
    Hunter v. Murray, Judge, Court of Claims, Albany, New York, et al.
   Appeal from App. Div., Sup. Ct. N. Y., 3d Jud. Dept., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5919.
    March v. March.
   Appeal from Dist. Ct. App. Fla., 2d Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5926.
    Lemons v. Driskill, Assistant Warden, et al.
   Appeal from C. A. 5th 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. 87-5974.
    Robertson v. Jones, aka Robertson.
   Appeal from Sup. Ct. Del. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-904.
    Americana Corp. v. State Highway and Transportation Commissioner of Virginia.
   Appeal from Sup. Ct. Va. dismissed for want of properly presented federal question.


text:
    No. 87-5659.
    Tischio v. New Jersey.
   Appeal from Sup. Ct. N. J. dismissed for want of substantial federal question.


text:
    No. 87-5988.
    Flakes v. Wisconsin.
   Appeal from Ct. App. Wis. dismissed for want of substantial federal question.


text:
    No. A-441.
    Fazzini v. United States.
   Application for bail, addressed to Justice Blackmun and referred to the Court, denied.


text:
    No. A-491.
    Georgetown University et al. v. Gay Rights Coalition of Georgetown University Law Center et al.,
   ante, p. 999. Motion for further consideration of application for stay denied.

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


text:
    No. A-561 (87-343).
    Montana et al. v. Crow Tribe of Indians et al.,
   ante, p. 997. Application of appellees to issue the judgment forthwith, presented to Justice O’Connor, and by her referred to the Court, granted.


text:
    No. A-562 (87-6173).
    Darden v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Stevens, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.


text:
    No. D-644.
    In re Disbarment of Jafree.
   Disbarment entered. [For earlier order herein, see 483 U. S. 1017.]


text:
    No. D-654.
    In re Disbarment of Miller.
   Disbarment entered. [For earlier order herein, see 483 U. S. 1052.]


text:
    No. D-655.
    In re Disbarment of Wood.
   Disbarment entered. [For earlier order herein, see ante, p. 893.]


text:
    No. D-659.
    In re Disbarment of Shirley.
   Disbarment entered. [For earlier order herein, see ante, p. 920.]


text:
    No. D-663.
    In re Disbarment of Ciardelli.
   Disbarment entered. [For earlier order herein, see ante, p. 961.]


text:
    No. D-668.
    In re Disbarment of Rubino.
   It is ordered that John J. Rubino, of Levittown, 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-669.
    In re Disbarment of Wade.
   It is ordered that Hugh Mettye Wade, of Washington, D. 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. D-670.
    In re Disbarment of Lewis.
   It is ordered that Terrence Lee Lewis, of New York, 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-671.
    In re Disbarment of Clinton.
   It is ordered that Daniel James Clinton, 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.


text:
    No. D-672.
    In re Disbarment of Cooper.
   It is ordered that Edward Samuel Cooper, 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.


text:
    No. D-673.
    In re Disbarment of Simon.
   It is ordered that Nathan Simon, of Willoughby, 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-674.
    In re Disbarment of Dozoryst.
   It is ordered that Nicholas George Dozoryst II, of Chicago, 111.,' 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. 108, Orig.
    Nebraska v. Wyoming et al.
   Defendants are invited to file responses within 21 days to the motion of plaintiff to amend petition for an order enforcing decree and for injunctive relief. [For earlier order herein, see, e. g., 483 U. S. 1002.]


text:
    No. 87-253.
    Bowen, Secretary of Health and Human Services v. Kendrick et al. Bowen, Secretary of Health and Human Services v. Kendrick et al. Kendrick et al. v. Bowen, Secretary of Health and Human Services, et al. United Families of America v. Kendrick et al.

      No. 87-431.
   D. C. D. C. [Probable jurisdiction noted, ante, p. 942];

D. C. D. C. [Probable jurisdiction noted, ante, p. 942];

No. 87-462.

No. 87-775.

D. C. D. C. [Probable jurisdiction noted, ante, p. 942]; and

D. C. D. C. [Probable jurisdiction noted, ante, p. 1002.] Motion of the Solicitor General for divided argument granted.


text:
    No. 87-922.
    In re Brown.
   Petition for writ of mandamus denied.


text:
    No. 87-5932.
    In re Markee.
   Petition for writ of prohibition denied.


text:
    No. 87-1005.
    In re Arlt et ux.
   Motion of petitioners for a free white male Christian bench denied. Petition for writ of prohibition denied.


text:
    No. 86-1065.
    O’Sullivan et al. v. United States et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-31.
    Ford Motor Credit Co. v. United States District Court for the District of Oregon (John Stribling Ford, Inc., Real Party in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-560.
    FMC Wyoming Corp. v. Hodel, Secretary of the Interior, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-606.
    Hutchins v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-642.
    Lee et al. v. Eklutna, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-670.
    Gilardy, Special Administrator of the Estate of Thompson, et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-676.
    Miller & Co. v. United States et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-703.
    Van Cauwenberghe v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-716.
    Kulle v. Immigration and Naturalization Service.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-748.
    Grasty et al. v. Amalgamated Clothing & Textile Workers Union et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-801.
    Robinson v. Montgomery Ward & Co., Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-847.
    Talbot v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-864.
    City of Woodville, Mississippi, et al. v. Monroe et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-878.
    Schattner, dba Sporicidin Co. v. Unidisco, Inc., et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-897.
    J. E. Bernard & Co. v. Ingersoll Milling Machine Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-898.
    Survival Systems Division of the Whittaker Corp. et al. v. United States District Court for the Southern District of California (Rodriguez, Real Party in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-901.
    Ghandhi et al. v. Fayed et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-909.
    Chula Vista City School District et al. v. Bennett, Secretary of Education.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-910.
    Great Lakes Dredge & Dock Co., Inc. v. Furka, Administratrix of the Estate of Furka.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-912.
    Kinzli et al. v. City of Santa Cruz.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-914.
    Zernicek v. Petroleos Mexicanos.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-926.
    Page v. Commissioner of Internal Revenue.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-931.
    Proud v. Greycas, Inc.
   C. A. 7th Cir. Certiorari denied.

Reported below: 826 F. 2d 1560.


text:
    No. 87-934.
    DeShields v. Equal Employment Opportunity Commission.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-935.
    Alabama v. Fortier.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 87-936.
    Witteman v. Jack Barry Cable TV.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-939.
    Dorner et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-955.
    Pickney v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-973.
    Nation v. Georgia et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-974.
    Parlor Furniture of Hickory, Inc. v. Miller.
   Ct. App. N. C. Certiorari denied.


text:
    No. 87-989.
    Xanadu of Cocoa Beach, Inc. v. Zetley.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-995.
    Shilling v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1004.
    Brobst et al. v. Columbus Services International.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1006.
    Fulton v. Utah.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 87-1007.
    Picozzi v. Sandalow.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1030.
    Kovic v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1033.
    Godoy v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5408.
    Teague v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5512.
    Baker v. Dugger, Secretary, Florida Department of Corrections, et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-5754.
    Austin v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5767.
    DiCicco v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5871.
    Robinson v. Federal Election Commission.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-5916.
    Mapson v. Perini.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5930.
    Murphy et al. v. Mescher.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5931.
    Span v. Morse.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5933.
    Petway v. Kincaid et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5936.
    Sparkman v. Texas.
   Ct. App. Tex., 11th Dist. Certiorari denied.


text:
    No. 87-5938.
    Marlow v. United States Department of Education et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5951.
    Freedman v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-5953.
    Johnson v. Oklahoma.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5965.
    James v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 87-5967.
    Thompson v. Illinois.
   App. Ct. 111., 2d Dist. Certiorari denied.


text:
    No. 87-5969.
    Schell v. Meese, Attorney General of the United States, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5970.
    Martin v. Dutch Fork Magistrate.
   Ct. Common Pleas of Richland County, S. C. Certiorari denied.


text:
    No. 87-5978.
    Headley v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 87-5981.
    McChristion v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5995.
    Guerrero v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 87-6000.
    Boyer v. Daum.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6003.
    Edwards v. Lambdin.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6004.
    Lemons v. Dretke et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6005.
    Lemons v. Lynaugh, Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6007.
    Radvan-Ziemnowicz v. Ziemnowicz et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6012.
    Murphy v. Neisner; and Pool v. Burlison.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 87-6016.
    Taylor v. Henry Vogt Machine Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6018.
    Solomon v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6024.
    Milhem v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6025.
    Bustamante v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6035.
    Adams v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6039.
    Bramblett v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6046.
    Jones v. Sowders, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6049.
    Friend v. Kentucky.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6056.
    White v. Department of Justice.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-6104.
    Acharya v. Bjorksten et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6109.
    Tufford v. Alaska.
   Ct. App. Alaska. Certiorari denied.


text:
    No. 87-523.
    Carlin v. McKean, Individually and as a Member of Board of Governors of the United States Postal Service, et al.
   C. A. D. C. Cir. Certiorari denied.

Justice O’Connor took no part in the consideration or decision of this petition.


text:
    No. 87-698.
    McManus v. United States.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 87-844.
    Connecticut v. Mebane.
   Sup. Ct. Conn. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 87-900.
    Reichhold Chemicals, Inc. v. Cassino et al.
   C. A. 9th Cir. Motion of Equal Employment Advisory Council for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 87-5699.
    Jones v. Butler, Warden. Jester v. Ohio. Morales v. Ohio. Schneider v. Missouri. Zuern v. Ohio.
    No. 87-5821.
    No. 87-5968.
    No. 87-5973.
    No. 87-5985.
   Sup. Ct. La.;

Sup. Ct. Ohio;

Sup. Ct. Ohio;

Sup. Ct. Mo.; and

Sup. Ct. Ohio. 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 sentences in these eases.


text:
    No. 87-5764.
    Dennis v. United States Attorney General et al.
   C. A. 10th Cir. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 86-327.
    Mullins Coal Co., Inc. of Virginia, et al. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al., Katz v. New York, Harper, a Minor, by her Mother and Next Friend, Harper v. Bowen, Secretary of Health and Human Services, Childs v. Georgia, Bury v. City of Lakeland, Florida, et al., McGlory v. Yoka et al., Miner v. United States, In re Safir,
    No. 87-579.
    No. 87-5105.
    No. 87-5482.
    No. 87-5573.
    No. 87-5640.
    No. 87-5718.
    No. 87-5789.
   ante, p. 135;

ante, p. 960;

ante, p. 969;

ante, p. 970;

ante, p. 966;

ante, p. 968;

ante, p. 969; and

ante, p. 975. Petitions for rehearing denied.


text:
    No. 84-5929.
    Balich v. Stanley,
   469 U. S. 1222. Motion for leave to file petition for rehearing denied.


author: Justice Marshall,

text:
    No. 86-6384.
    Romine v. Georgia,
   481 U. S. 1024. Petition for rehearing denied.

Justice Marshall,

dissenting.

I

Adhering to my view 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, 231-241 (1976) (Marshall, J., dissenting), I would vacate the decision below insofar as it left undisturbed the death sentence imposed in this case.

II

Even if I did not hold this view, I would vacate petitioner’s sentence of death for reconsideration in light of this Court’s recent decision in Lowenfield v. Phelps, ante, p. 231. The Court in Lowenfield rejected a claim, similar to the one advanced by petitioner in this case, that the administration of an Allen charge to a capital sentencing jury was coercive. The Court recognized, however, that such a charge must be considered “‘in its context and under all the circumstances.’” Ante, at 237 (quoting Jenkins v. United States, 380 U. S. 445, 446 (1965) (per curiam,)). Moreover, the Court explicitly limited its holding to the facts of the case before it, stating that “we do not mean to be understood as saying other combinations of supplemental charges and polling might not require a different conclusion.” Ante, at 241. The circumstances surrounding the administration of the Allen charge in the instant case differed substantially from those in Lowenfield. Moreover, they did so in ways that the Court in Lowenfield recognized as relevant to the issue of coercion. The Georgia Supreme Court therefore should be given an opportunity to reevaluate petitioner’s sentence in light of this Court’s decision in Lowenfield.

Petitioner Larry Romine was convicted of capital murder and sentenced to death. His death sentence was reversed on appeal by the Georgia Supreme Court, and the case was remanded for a new sentencing trial. 251 Ga. 208 (1983). On retrial, after almost seven hours of deliberations and an overnight recess, the foreman of the jury sent the court a note that read: “We are unable to reach a unanimous decision and are certain we will not ever be able to reach one.” App. A to Pet. for Cert. 3. The court called the jury in and inquired: “[C]an you just give me the numerical breakdown of how you stand?” Ibid. The foreman replied that the jury was divided 11 to 1. The court sent the jury back for further deliberations, over the objection of defense counsel. When the jury still had not reached a verdict 572 hours later, the court called the jury in again to give it “some other instructions.” Id., at 4. The court then administered an Allen charge, urging the jurors to reexamine the grounds of their opinions and attempt to reach a verdict. Two hours later, the jury returned a unanimous verdict of death.

In Georgia, as in Lowenfield’s State of Louisiana, a hung jury in a capital sentencing trial results in the automatic imposition of a life sentence. See Ga. Code Ann. § 17-10-31 (1982); Hill v. State, 250 Ga. 821, 301 S. E. 2d 269 (1983); Miller v. State, 237 Ga. 557, 229 S. E. 2d 376 (1976). Thus, the State’s usual interest in an Allen charge — avoiding the societal costs of a retrial — is not present. The Court in Lowenfield recognized that this difference “weighs in the constitutional calculus.” Ante, at 238. The Court nonetheless concluded that the circumstances surrounding the administration of the charge in Lowenfield’s case did not warrant a reversal on the ground of jury coercion. The discussion in Lowenfield, however, indicates that the circumstances relevant to petitioner’s claim may produce a different result in the “constitutional calculus.”

First, the jury polling that preceded the Allen charge in this case was far more coercive than the polling tolerated in Lowenfield. The Court in Lowenfield took great pains to establish that “the inquiry as to the numerical division of the jury was not as to how they stood on the merits of the verdict, but how they stood on the question whether further deliberations might assist them in returning a verdict.” Ante, at 240. Here, the court’s question undoubtedly was directed at the jury’s division on the merits, placing it squarely within this Court’s holding in Brasfield v. United States, 272 U. S. 448 (1926), which the Lowenfield Court held to be “instructive as to the potential dangers of jury polling.” Ante, at 240.

Second, the jury’s expression of its deadlock was much more unequivocal in this case than in Lowenfield. In Lowenfield, the jury’s note to the court stated that it was unable to reach a verdict at that time. Ante, at 234. In the instant case, the jury not only stated that it was unable to reach a unanimous decision, but specifled that “[w]e . . . are certain we will not ever be able to reach one.” App. A to Pet. for Cert. 3 (emphasis added). After such an emphatic statement of deadlock, followed by 5V2 hours of further unsuccessful deliberations, the jury may well have inferred from an Allen charge that the court was absolutely set on unanimity and unwilling to settle for anything less.

Third, the jury in this case did not request to be reinstructed, as did the jury in Lowenfield. Moreover, whereas the court in Lowenfield merely reiterated the part of its original jury instructions dealing with the jury’s duty to deliberate with an open mind, the court’s supplemental charge in this case was by its own admission different from the instructions given at the commencement of deliberations. The fact that the court summoned the jury on its own accord to deliver new and unfamiliar instructions heightened the coerciveness of the verdict-urging charge. See, e. g., United States v. Seawell, 550 F. 2d 1159, 1163 (CA9 1977) (Allen charge should not be given during deliberations unless jury requests it); United States v. Blandin, 784 F. 2d 1048, 1050 (CA10 1986) (Allen charge should be given during the court’s original jury instructions rather than during the course of deliberations).

Finally, the polling in this case revealed a division of 11 to 1, and the trial judge knew of this division when he decided to give the Allen charge 572 hours later. Furthermore, it was clear to the lone dissenting juror that the judge knew that there was only one holdout when he decided to give the charge. In Lowenfield, by contrast, the jury itself had requested the charge, so the single juror identified by the second poll could not have speculated that the results of the poll motivated the judge to give the charge. The dissenting juror in each case may have interpreted the charge as being directed at him or her alone. But the administration of the charge in the instant case would have communicated to the dissenter the judge’s exasperation with her failure to capitulate.

I was convinced by the circumstances surrounding the Allen charge in Lowenfield that coercion of the jury had indeed occurred. But the circumstances of the instant case are significantly more coercive than those I condemned in Lowenfield. The majority opinion in Lowenfield promised that future cases would be considered on their particular facts and that the Lowenfield decision did not give carte blanche to state trial courts to use polling procedures and Allen charges indiscriminately during capital sentencing proceedings. That promise requires that the Georgia Supreme Court be given an opportunity to reconsider the circumstances surrounding the Allen charge in this case in light of this Court’s discussion of jury coercion in Lowenfield. I dissent.


text:
    February 4, 1988
    No. A-541 (87-6196).
    Gardner v. North Carolina.
   Gen. Ct. Justice, Super. Ct. Div., Forsyth County, N. C. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    February 5, 1988
    No. A-599 (87-6360).
    Clark v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Stevens, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.

Justice White would deny the application. Justice Scalia took no part in the consideration or decision of this application.


text:
    February 10, 1988
    No. A-616 (87-6406).
    Williams v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.

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


text:
    February 19, 1988
    No. 87-858.
    Varandani v. Bowen, Secretary of Health and Human Services, et al.
   C. A. 4th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    February 22, 1988
    No. 87-820.
    Kellam et al. v. Pfeifer et al.
   Appeal from Ct. App. Cal., 4th App. Dist., dismissed for want of properly presented federal question.


text:
    No. 87-918.
    Smith v. Florida Department of Business Regulation, Division of Land Sales, Condominiums and Mobile Homes.
   Appeal from Dist. Ct. App. Fla., 1st Dist., dismissed for want of substantial federal question.


text:
    No. 87-1016.
    Story v. California.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question.


text:
    No. 87-1027.
    Rester v. Texas.
   Appeal from Ct. App. Tex., 14th Dist., dismissed for want of substantial federal question.


text:
    No. 87-1035.
    Joyce v. Lewis Bolt & Nut Co. et al.
   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.


text:
    No. 87-1060.
    Logemann, Individually and as Trustee of the McCarty Ranch Trust v. Craig, Trustee of Cassidy Land & Cattle Co., Inc., et al.
   Appeal from Sup. Ct. Neb. dismissed for want of substantial federal question.


text:
    No. 87-1081.
    Grand Forks-Traill Water Users, Inc. v. Hjelle, North Dakota State Highway Commissioner.
   Appeal from Sup. Ct. N. D. dismissed for want of substantial federal question.


text:
    No. 87-6064.
    Seaborne v. County Commissioners of Washington County.
   Appeal from Sup. Jud. Ct. Me. dismissed for want of substantial federal question.


text:
    No. 87-946.
    City of Palo Alto et al. v. Century Federal, Inc., et al.
   Appeal from D. C. N. D. Cal. dismissed for want of jurisdiction.


text:
    No. 87-1003.
    Schaefer v. State Administrative Board of Election Laws.
   Appeal from Ct. Sp. App. Md. dismissed for want of jurisdiction.


text:
    No. 87-1071.
    Liggett et ux. v. State Farm Fire & Casualty Co.
   Appeal from C. A. 10th 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. 87-1096.
    Wright et al. v. Welch et al.
   Appeal from App. Ct. Mass, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1123.
    Christian et al. v. Bewkes.
   Appeal from Sup. Jud. Ct. Mass, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1162.
    Clissuras v. City of New York et al.
   Appeal from App. Div., Sup. Ct. N. Y., 2d Jud. Dept., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5419.
    Koss v. Slater, Judge.
   Appeal from Sup. Ct. 111. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6095.
    Martinez v. Colorado.
   Appeal from Sup. Ct. Colo, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-544.
    Coombe, Superintendent, Eastern Correctional Facility v. Escalera.
   C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Taylor v. Illinois, ante, p. 400.


text:
    No. 87-5836.
    Biddle v. United States.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the position presently asserted by the Solicitor General in his brief filed January 11, 1988.


text:
    No. 86-492.
    Boyle, Personal Representative of the Heirs and Estate of Boyle v. United Technologies Corp. Ross v. Oklahoma.
    No. 86-5309.
   C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029]; and

Ct. Crim. App. Okla. [Certiorari granted, 482 U. S. 926.] Cases restored to calendar for reargument.


text:
    No. 86-684.
    California v. Greenwood et al.
   Ct. App. Cal., 4th App. Dist. [Certiorari granted, 483 U. S. 1019.] Motion of respondent Billy Greenwood for leave to file a supplemental brief after argument granted.

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


text:
    No. 86-803.
    Boos et al. v. Barry, Mayor of the District of Columbia, et al.
   C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1088.] Motion of respondents for leave to file a supplemental brief after argument granted.

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


text:
    No. 86-1836.
    New York State Club Assn., Inc. v. City of New York et al.
   Ct. App. N. Y. [Probable jurisdiction noted, ante, p. 812.] Motion of NOW Legal Defense and Education Fund et al. for leave to file a brief as amici curiae granted.


text:
    No. 86-2000.
    United States v. Kozminski et al.
   C. A. 6th Cir. [Certiorari granted, ante, p. 894.] Motion of International Society for Krishna Consciousness of California, Inc., for leave to file a brief as amicus curiae granted.


text:
    No. 86-2037.
    Landers v. National Railroad Passenger Corporation et al.
   C. A. 1st Cir. [Certiorari granted, ante, p. 962.] Motion of respondents for divided argument denied.


text:
    No. 86-7059.
    Patterson v. Illinois.
   Sup. Ct. Ill. [Certiorari granted, ante, p. 895.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 87-354.
    Arizona v. Roberson.
   Ct. App. Ariz. [Certiorari granted, ante, p. 975.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 87-82.
    Federal Deposit Insurance Corporation v. Mallen et al.
   D. C. N. D. Iowa. [Probable jurisdiction noted, ante, p. 911.] Motion for appointment of counsel granted, and it is ordered that Mary E. Curtin, Esq., of Minneapolis, Minn., be appointed to serve as counsel for appellee James Mallen in this case.


text:
    No. 87-328.
    Riley, District Attorney of the Tenth Prosecutorial District of North Carolina, et al. v. National Federation of the Blind of North Carolina, Inc., et al.
   C. A. 4th Cir. [Probable jurisdiction noted, ante, p. 911.] Motion of Independent Sector et al. for leave to file an out-of-time motion to participate in oral argument as amici curiae and for divided argument denied.


text:
    No. 87-339.
    City of New York et al. v. Federal Communications Commission et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 962.] Motion of the Solicitor General for divided argument granted.


text:
    No. 87-416.
    United States Catholic Conference et al. v. Abortion Rights Mobilization, Inc., et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 975.] Motion of the Solicitor General for divided argument granted.


text:
    No. 87-352.
    Sun Oil Co. v. Wortman et al.
   Sup. Ct. Kan. [Certiorari granted, ante, p. 912.] Motions of GAF Corp. and Wiley Goad for leave to file briefs as amici curiae granted.


text:
    No. 87-363.
    Federal Energy Regulatory Commission v. Martin Exploration Management Co. et al.; and Public Service Commission of the State of New York et al. v. Martin Exploration Management Co. et al.
    No. 87-364.
   C. A. 10th Cir. [Certiorari granted, ante, p. 962.] Motions of Interstate Natural Gas Association of America and Williams Natural Gas Co. for leave to file briefs as amici curiae granted. Motion of the Solicitor General for divided argument granted.

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


text:
    No. 87-519.
    Maynard, Warden, et al. v. Cartwright.
   C. A. 10th Cir. [Certiorari granted, ante, p. 1003.] Motion for appointment of counsel granted, and it is ordered that Mandy Welch, Esq., of Norman, Okla., be appointed to serve as counsel for respondent in this case.


text:
    No. 87-654.
    New Energy Company of Indiana v. Limbach, Tax Commissioner of Ohio, et al.
   Sup. Ct. Ohio. [Probable jurisdiction noted, ante, p. 984.] Motion of appellees for divided argument denied.


text:
    No. 87-883.
    Honda Motor Co., Ltd., et al. v. Camacho et ux.
   Sup. Ct. Colo. Motion of respondents for damages denied.


text:
    No. 87-1020.
    Davis v. Michigan Department of the Treasury.
   Appeal from Ct. App. Mich. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 87-1047.
    Nationwide Corp. et al. v. Howing Co. et al.
   C. A. 6th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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


text:
    No. 87-5428.
    Houston v. Lack, Warden.
   C. A. 6th Cir. [Certiorari granted, ante, p. 1025.] Motion for appointment of counsel granted, and it is ordered that Penny J. White, Esq., of Johnson City, Tenn., be appointed to serve as counsel for petitioner in this case.


text:
    No. 87-5461.
    Henson v. East Lincoln Township et al.
   C. A. 7th Cir. [Certiorari granted, ante, p. 928.] Motion of the parties to defer further proceedings granted.


text:
    No. 87-5954.
    Langster v. Department of Health and Human Services. Flaherty v. United States. Perez et ux. v. United States.
    No. 87-6067.
    No. 87-6219.
   C. A. Fed. Cir.;

C. A. 11th Cir.; and

C. A. 11th Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until March 14, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit petitions for writs of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall,

dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petitions for writs of certiorari without reaching the merits of the motions to proceed in forma pauperis.


text:
    No. 87-1251.
    In re Sowell.
   Petition for writ of habeas corpus denied.


text:
    No. 87-6059.
    In re Prather.
   Petition for writ of mandamus denied.


text:
    No. 87-1050.
    In re Goldstein.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 87-826.
    Goldberg et al. v. Sweet, Director, Illinois Department of Revenue, et al.; and GTE Sprint Communications Corp. v. Sweet, Director, Illinois Department of Revenue, et al.
    No. 87-1101.
   Appeals from Sup. Ct. Ill. Probable jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 87-984.
    Shell Oil Co. v. Iowa Department of Revenue.
   Appeal from Sup. Ct. Iowa. Probable jurisdiction noted.


text:
    No. 87-998.
    City of Richmond v. J. A. Croson Co.
   Appeal from C. A. 4th Cir. Motion of National League of Cities et al. for leave to file a brief as amici curiae granted. Probable jurisdiction noted.


text:
    No. 87-1279 (A-606).
    Morrison, Independent Counsel v. Olson et al.
   Appeal from C. A. D. C. Cir. Probable jurisdiction noted. Motion of Lawrence Walsh, Independent Counsel, for leave to file a brief as amicus curiae granted. Motions to establish an expedited schedule for briefing and oral argument granted. Appellant’s brief shall be filed by 3 p.m., March 9, 1988. Appellees’ briefs shall be filed by 3 p.m., April 8, 1988. Reply briefs, if any, shall be filed by 3 p.m., April 18, 1988. Oral argument is set for April 26, 1988, at 10 a.m. Motion to dispense temporarily with printing briefs denied. Motions for additional time for oral argument denied without prejudice. Application for full stay of mandate of the United States Court of Appeals for the District of Columbia Circuit, presented to The Chief Justice, and by him referred to the Court, is granted pending the sending down of the judgment of this Court.

Justice Kennedy took no part in the consideration or decision of these motions and orders.


text:
    No. 87-764.
    Florida v. Riley.
   Sup. Ct. Fla. Certiorari granted.


text:
    No. 87-821.
    Pittston Coal Group et al. v. Sebben et al.; and McLaughlin, Secretary of Labor, et al. v. Sebben et al.
    No. 87-827.
   C. A. 8th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 87-1061.
    National Collegiate Athletic Assn. v. Tarkanian.
   Sup. Ct. Nev. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 87-6116.
    Penson v. Ohio.
   Ct. App. Ohio, Montgomery County. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 86-2052.
    Berryhill v. Texas.
   Ct. App. Tex., 3d Dist. Certiorari denied.


text:
    No. 87-522.
    Smith v. Texas Department of Water Resources et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-537.
    Darnell v. Swinney, Washoe County Sheriff, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-630.
    Dobrowolskyj v. Jefferson County, Kentucky, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-640.
    E. C. Ernst, Inc., et al. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-647.
    Davis v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-649.
    City of Ann Arbor et al. v. Christy.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-727.
    General Telephone Company of California et al. v. Addy.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-737.
    Pizzitolo v. Electro-Coal Transfer Corp. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-741.
    Downs v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 87-745.
    Ford Motor Co. et al. v. Tunis Brothers Co., Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-769.
    Olaques v. Securities and Exchange Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-780.
    Pollak v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-803.
    Houghton et ux. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-810.
    Florez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-815.
    Corace v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-818.
    Hayes v. Prudential Insurance Company of America et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-819.
    Smith v. International Funding Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-825.
    Tilley v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-830.
    McGregor, Trustee in Bankruptcy for the Estate of Parsons Steel Industries, Inc. v. First Alabama Bank of Montgomery, N. A., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-832.
    Arnold v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-833.
    Hagen v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-837.
    Cherry et al. v. Coast House Ltd. et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 87-838.
    Williams v. Hawkins et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-840.
    Cumberland Farms, Inc. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-853.
    Sierra Pacific Power Co. v. Public Service Commission of Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 87-863.
    Jensen v. Satran, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-865.
    Gregory Lumber Co., Inc. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-868.
    Nelson v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-870.
    Connecticut v. Jarzbek.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 87-877.
    Jovanovic v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-879.
    Odegard v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-882.
    Barnes v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-884.
    Benson v. Ally et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-885.
    Khan v. Jenkins et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-891.
    Friedrich v. Ohio.
   Ct. App. Ohio, Holmes County. Certiorari denied.


text:
    No. 87-895.
    Hedlund et al. v. Miller et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-905.
    Annabi v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-906.
    Roberts et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-917.
    Post v. Superior Court of Los Angeles County et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-921.
    John D. Copanos & Sons, Inc., et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-925.
    Galardi v. State Bar of California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-928.
    Metz Baking Co. et al. v. Thomas et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-933.
    Mims v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-938.
    Arthur Young & Co. v. Bank of New Orleans & Trust Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-940.
    Sinclair v. Montgomery County, Alabama, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-941.
    Citibank, N. A. v. Data Lease Financial Corp. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-944.
    Johnson et al. v. Pacific Lighting Land Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-945.
    Tarala v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-948.
    Harris v. Attorney Grievance Commission of Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 87-952.
    Vanderwall v. Horner et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-954.
    Kansas City Area Transportation Authority v. 4550 Main Associates et al.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 87-956.
    Alexander v. United States Court of Appeals for the District of Columbia Circuit.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-962.
    Southern Union Co. v. Consolidated Oil & Gas, Inc.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 87-965.
    City of San Antonio v. Rosow.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 87-968.
    Skorko v. Skorko.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 87-971.
    Loftin-Boggs v. City of Meridian, Mississippi, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-983.
    Sgro v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-987.
    Zac Smith & Co., Inc. v. Otis Elevator Co.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 87-991.
    Alamo Rent-A-Car, Inc. v. Sarasota-Manatee Airport Authority.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1002.
    Okwumabua et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1008.
    Hayes v. Anson et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1009.
    Schubert & Salzer Maschinenfabrik Aktiengesellschaft et al. v. Spindelfabrik Suessen-Schurr, Stahlecker & Grill Gmbh. et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1012.
    Sanders v. Ragland, Arkansas Commissioner of Revenues.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1019.
    Fields et al. v. Allen et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 87-1023.
    Bernstein et ux. v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-1024.
    Landon v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 87-1025.
    Morgan v. Ohio.
   Ct. App. Ohio, Clark County. Certiorari denied.