text:
    No. 81-1391.
    Three J Farms, Inc., et al. v. Plaintiffs’ Steering Committee et al.
   C. A. 5th Cir. Certiorari denied.

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


source: Caselaw Access Project

license: Public Domain

text:
    No. 81-1568.
    Lieberman v. University of Chicago et al.
   C. A. 7th Cir. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 81-5952.
    McKinney v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 81-1583.
    Mead Corp. et al. v. Adams Extract Co. et al.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 81-1616.
    Toyota Motor Co., Ltd., et al. v. General Motors Corp.
   C. A. 6th Cir. Motion of National Business Systems, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 81-1626.
    Green et al. v. Regan, Secretary of the Treasury, et al.
   C. A. D. C. Cir. Motion of petitioners to expedite consideration of the petition for writ of certiorari and to consolidate this case with No. 81-1, Goldsboro Christian Schools, Inc. v. United States, and No. 81-3, Bob Jones University v. United States [certiorari granted, 454 U. S. 892], denied. Certiorari before judgment denied.


text:
    No. 81-1667.
    Anderson, Warden v. Conner.
   C. A. 6th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.

F. 2d 916.


text:
    No. 81-6112.
    Fendler v. United States.
   C. A. 9th Cir. Certiorari denied.

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


author: Justice Brennan and Justice Marshall,

text:
    No. 81-6081.
    No. 81-6156.
    No. 81-6174.
    No. 81-6235.
    No. 81-6245.
    No. 81-6353.
    Cervi v. Georgia. White v. Texas. Franklin v. Zant, Superintendent, Georgia Diagnostic and Classification Center. Thompson v. South Carolina. Singleton v. Arkansas. Bassett v. Virginia.
   Sup. Ct. Ga.;

Ct. Crim. App. Tex.;

Super. Ct. Ga., Butts County;

Sup. Ct. S. C.;

Sup. Ct. Ark.; and

Sup. Ct. Va. Certiorari denied. Reported below: No. 81-6081, 248 Ga. 325, 282 S. E. 2d 629; No. 81-6156, 629 S. W. 2d 701; No. 81-6235, 278 S. C. 1, 292 S. E. 2d 581; No. 81-6245, 274 Ark. 126, 623 S. W. 2d 180; No. 81-6353, 222 Va. 844, 284 S. E. 2d 844.

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. 81-152.
    Weit et al. v. Continental Illinois National Bank & Trust Company of Chicago et al.,
   455 U. S. 988. Petition for rehearing denied.

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


text:
    No. 81-1724.
    Upham et al. v. Seamon et al.,
   ante, p. 37. Application for stay of the order of the United States District Court for the Eastern District of Texas, entered April 5, 1982, and motion to recall the judgment issued April 1, 1982, denied. Petition for rehearing denied.


text:
    No. 81-5905.
    Lowe v. New York City Department of Social Services,
   455 U. S. 953. Motion for leave to file petition for rehearing denied.


text:
    No. 80-1239.
    No. 80-1527.
    No. 81-291.
    No. 81-933.
    No. 81-1022.
    No. 81-1148.
    No. 81-1206.
    No. 81-1221.
    No. 81-1237.
    No. 81-1269.
    No. 81-1364.
    No. 81-1412.
    No. 81-5838.
    No. 81-5844.
    No. 81-5935.
    No. 81-5970.
    No. 81-6008.
    No. 81-6025.
    No. 81-6070.
    Railway Labor Executives’ Assn. v. Gibbons, Trustee, et al., Lummis, Temporary Administrator, et al. v. Los Angeles Airways, Inc., Illinois v. Bochniak, Green v. Ohio, Press-Enterprise Co. et al. v. Superior Court of California, County of San Diego, Butler et al. v. United States, Childers v. Illinois, General Atomic Co. v. United Nuclear Corp., Angelilli v. United States, Avedisian v. Hubbard et al., Eaton v. Drake University et al., Connor v. Phillips, Administrator, et al., Clark v. Municipal Employees Credit Union of Baltimore, Inc., Bowen v. Zant, Warden, Green v. Zant, Warden, Georgia Diagnostic and Classification Center, Tafero v. Florida, Thayer v. Puerto Rico, Levy v. High’s Dairy Stores et al., LeBright v. Christian, United States District Judge, et al.,
   455 U. S. 457;

455 U. S. 988;

455 U. S. 938;

455 U. S. 976;

455 U. S. 982;

455 U. S. 945;

455 U. S. 947;

455 U. S. 948;

455 U. S. 945;

455 U. S. 949;

455 U. S. 990;

455 U. S. 991;

455 U. S. 951;

455 U. S. 983;

455 U. S. 983;

455 U. S. 983;

455 U. S. 958;

455 U. S. 1003; and

455 U. S. 1023. Petitions for rehearing denied.


text:
    No. 80-951.
    Independent Federation of Flight Attendants v. Trans World Airlines, Inc., et al.,
   455 U. S. 385. Petition for rehearing denied.

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


text:
    April 23, 1982
    No. A-889.
    Bingaman et al. v. King, Governor of New Mexico, et al.
   It is ordered that the order of the United States District Court for the District of New Mexico, in consolidated cases Nos. 82-67-M, 82-84-C, 82-180-C, 82-219-JB, and 82-246-JB, entered on April 13, 1982, be, and the same is hereby, stayed to the extent that that order applies to primary elections other than for state legislative offices, pending the timely filing and disposition by this Court of an appeal. This order shall have no effect on the orders of the United States District Court for the District of New Mexico in the cases set forth above entered on April 5 and April 8, 1982, enjoining the primary filing deadline for New Mexico state legislative election and adjudging the New Mexico apportionment plan unconstitutional.


text:
    April 26, 1982
    No. 81-1310.
    Ragno v. Florida.
   Appeal from Dist. Ct. App. Fla., 4th Dist., dismissed for want of jurisdiction.


text:
    No. 81-1426.
    Bucheit v. Laudenberger et al.
   Appeal from Sup. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 81-1609.
    Helton et al. v. City of Burkburnett.
   Appeal from Ct. Civ. App. Tex., 2d Sup. Jud. Dist., dismissed for want of substantial federal question.


text:
    No. 81-1631.
    Sheldon v. Sheldon.
   Appeal from Ct. App. Cal., 4th App. Dist. Motion of appellee for damages and double costs denied. Appeal dismissed for want of substantial federal question.


text:
    No. 81-1641.
    Republican National Committee et al. v. Burton et al.
   Appeal from Sup. Ct. Cal. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-1319.
    White, Superintendent, Missouri Training Center for Men v. Thompson.
   C. A. 8th Cir. Motion of respondent for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of United States v. Frady, ante, p. 152.


text:
    No.-.
    West Virginia v. Secretary of Education, United States Department of Education.
   Motion to direct the Clerk to file the petition for writ of cer-tiorari denied.


text:
    No. A-773.
    Crumpacker v. Indiana Supreme Court Disciplinary Commission.
   Sup. Ct. Ind. Application for stay, addressed to Justice White and referred to the Court, denied.


text:
    No. A-861.
    Mizell, Warden v. Welsh.
   C. A. 7th Cir. Application for stay, addressed to Justice Rehnquist and referred to the Court, denied.


text:
    No. 80-1690.
    American Medical Assn. et al. v. Federal Trade Commission,
   455 U. S. 676. Motion of American Dental Association for leave to file a brief as amicus curiae in support of petition for rehearing denied.

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


text:
    No. 81-31.
    No. 81-228.
    No. 81-455.
    California et al. v. Grace Brethren Church et al.; United States et al. v. Grace Brethren Church et al.; and Grace Brethren Church et al. v. United States et al.
   D. C. C. D. Cal. [Probable jurisdiction postponed, 454 U. S. 961.] Motion of Grace Brethren Church et al. for leave to file a supplemental brief after argument granted.


text:
    No. 81-55.
    New York v. Ferber.
   Ct. App. N. Y. [Certiorari granted, 454 U. S. 1052.] Motion of American Booksellers Association, Inc., et al. for leave to participate in oral argument as amici curiae and for divided argument denied.


text:
    No. 81-1095.
    Morris, Warden v. Slappy.
   C. A. 9th Cir. [Certiorari granted, ante, p. 904.] Motion of respondent for leave to proceed further herein in forma pauperis granted. Motion for appointment of counsel granted, and it is ordered that Michael B. Bassi, Esquire, of San Francisco, Cal., be appointed to serve as counsel for respondent in this case.


text:
    No. 81-1222.
    United States v. Generix Drug Corp. et al.
   C. A. 11th Cir. [Certiorari granted, 455 U. S. 988.] Motions of Generic Pharmaceutical Industry Association, Medicine in the Public Interest, The Proprietary Association, and Pharmaceutical Manufacturers Association for leave to file briefs as amici curiae granted.


text:
    No. 81-5873.
    Innis v. Rhode Island.
   Sup. Ct. R. I. The order entered April 19, 1982 [ante, p. 930], denying the petition for writ of certiorari is amended to read as follows: Certiorari denied.

Justice Marshall would grant certiorari.


text:
    No. 81-6316.
    In re Rembert.
   Petition for writ of mandamus denied.


text:
    No. 81-1613.
    Memphis Bank & Trust Co. v. Garner, Shelby County Trustee, et al.
   Appeal from Sup. Ct. Tenn. Probable jurisdiction noted.


text:
    No. 81-1120.
    United States et al. v. Rylander et al.
   C. A. 9th Cir. Motion of respondent Richard W. Rylander, Sr., for leave to proceed informa pauperis and certiorari granted.


text:
    No. 81-875.
    Alabama Hospital Assn. et al. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 81-905.
    No. 81-956.
    No. 81-1458.
    No. 81-5700.
    No. 81-5716.
    No. 81-5748.
    No. 81-5820.
    No. 81-5826.
    No. 81-5865.
    Lazzara v. United States; Farina v. United States; Russello v. United States; Macaluso v. United States; Scionti v. United States; Morgado v. United States; Fisher v. United States; Young v. United States; and Palermo v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 648 F. 2d 367.


text:
    No. 81-1185.
    Stevenson v. Grentec, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1281.
    Sanchez v. Schweiker, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1308.
    McMurtry v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1339.
    Ellsworth v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1379.
    Ceat S.p.A., Pneumatici v. Bryant.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 81-1409.
    Raymer et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1411.
    Phelps v. Kansas Supreme Court et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1425.
    Public Utilities Commission of Colorado v. Federal Energy Regulatory Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1432.
    No. 81-1507.
    Levenson et al. v. United States; and Feinberg v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1449.
    Loge et vir v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1538.
    Tham v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1571.
    Hall v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1593.
    Incorporated Trustees of the Gospel Worker Society v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1602.
    Watkins v. Pentzien, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1604.
    Chia v. Westinghouse Electric Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1606.
    Regan v. Conroy, Chief of Police of the Village of Schaumburg.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1607.
    Husted v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 81-1610.
    Edwards v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-1612.
    St. Louis Southwestern Railway Co. v. Brotherhood of Railroad Signalmen et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1620.
    Vineberg et al. v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-1624.
    Baker et al. v. Amsted Industries, Inc., et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1633.
    The Gap Stores, Inc. v. Sailor Music et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1634.
    W. B. Gibson Co. v. DuBrook, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1640.
    Lubin et ux. v. Edinburgh Insurance Co., Ltd.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1645.
    Illinois Bell Telephone Co. v. Getto.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 81-1646.
    Kitch v. Delano et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1650.
    City of Cincinnati v. Jones et al.
   Ct. App. Ohio, Hamilton County. Certiorari denied.


text:
    No. 81-1656.
    Bowers v. St. Louis Southwestern Railway Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1676.
    Jerguson v. Blue Dot Investment, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1737.
    Minis v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1764.
    Veatch v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1768.
    Boss v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1773.
    Calhoun et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1783.
    Hebel et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1789.
    Gilbert v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1796.
    Coward v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6045.
    Shaffner v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6142.
    Rodriguez v. Illinois.
   App; Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-6145.
    Muhammad v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6161.
    Agurs v. Keller, Regional Parole Commissioner, U. S. Parole Commission.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6271.
    Barham v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6297.
    McColpin v. Eikelbloom et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6299.
    Smith v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 81-6300.
    Oliver v. Cuyler et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6307.
    Draper et al. v. Prescott, Town Clerk of Greenfield, Massachusetts, et al.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 81-6308.
    Thomas v. Estelle, Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6311.
    Atherton v. Atherton.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 81-6314.
    Martin v. Wyrick, Warden, Missouri State Penitentiary.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6315.
    Medley v. Garrison, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6318.
    Artway v. Kramer, Judge, Burlington County Court, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6320.
    White v. Washington Metropolitan Area Transit Authority et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-6322.
    Wilson v. Jago.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6326.
    LaMountain v. Raines.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6327.
    Brown v. Harris, Superintendent, Green Haven Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6334.
    LaMantia v. New York.
   App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. Certiorari denied.


text:
    No. 81-6335.
    Jerald v. O’Rourke.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6336.
    Dently v. Irvin et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6337.
    DeWitt v. Manson, Commissioner, Connecticut Department of Correction.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6339.
    Birden v. Smith.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6341.
    Plotkin v. Gruman et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6349.
    McZeal v. Maggio et al.
   C. A. 5th Cir.

Certiorari denied.


text:
    No. 81-6362.
    Smith v. Cohen.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6390.
    Griffin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6398.
    Gaines v. Smith, Attorney General, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6418.
    Ward v. MacDougall et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6442.
    Strager v. United States District Court for the Central District of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6443.
    Parcell v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6451.
    Tolerton v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6452.
    Mayo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6455.
    Flowers v. Scully, Superintendent, Green Haven Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6465.
    McBee v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-907.
    Martino v. United States.
   C. A. 11th Cir. Motion of petitioner to strike brief in opposition denied. Certiorari denied.


text:
    No. 81-1291.
    Maryland v. Bryant.
   Ct. Sp. App. Md. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 81-1659.
    Watkins, Commissioner, Mississippi Department of Corrections, et al. v. Washington.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 81-6243.
    Jones v. Leidinger et al.
   C. A. 4th Cir. Certiorari denied.

Justice Marshall and Justice Blackmun would grant certiorari.


text:
    No. 81-6301.
    No. 81-6304.
    Baldwin v. Blackburn, Warden, Louisiana State Penitentiary, et al. Collins v. Zant, Warden.
   C. A. 5th Cir.; and

Sup. Ct. Ga. Certiorari denied. Reported below: No. 81-6301, 653 F. 2d 942.

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. 81-1239.
    No. 81-1329.
    No. 81-6055.
    No. 81-6083.
    No. 81-6106.
    No. 81-6147.
    No. 81-6208.
    Stephens et al. v. Black et ux., Bollotin v. Schwartz et al., Hernandez v. Department of Labor and Human Resources et al., Juras v. Aman Collection Service, Inc., Ivey v. Alaska, Hall v. Thomas, Stoute v. United States et al.,
   455 U. S. 1008;

455 U. S. 1001;

455 U. S. 996;

455 U. S. 1024;

455 U. S. 1010;

455 U. S. 1026; and

455 U. S. 1027. Petitions for rehearing denied.


text:
    No. 80-1681.
    No. 81-415.
    Village of Hoffman Estates et al. v. The Flipside, Hoffman Estates, Inc., Casbah, Inc., et al. v. Thone, Governor of Nebraska, et al.,
   455 U. S. 489; and

455 U. S. 1005. Petitions for rehearing denied.

Justice Stevens took no part in the consideration or decision of these petitions.


text:
    No. 81-1012.
    No. 81-1197.
    No. 81-1298.
    No. 81-1328.
    Insurance Company of North America v. Keene Corp. et al.; Hartford Accident & Indemnity Co. v. Keene Corp. et al.; Aetna Casualty & Surety Co. v. Keene Corp. et al., Liberty Mutual Insurance Co. v. Keene Corp. et al.,
   455 U. S. 1007;

455 U. S. 1007;

455 U. S. 1007; and

455 U. S. 1007. Petition for rehearing denied.

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


text:
    No. 81-1141.
    Ribotsky v. United States,
   455 U. S. 910. Motion for leave to file petition for rehearing denied.


text:
    No. 81-1500.
    In re Ching Yee,
   455 U. S. 1015. Petition for rehearing and all other relief denied.


text:
    May 3, 1982
    No. 80-1207.
    Rusk, Mayor of Albuquerque, et al. v. Espinosa et al.
   Affirmed on appeal from C. A. 10th Cir.

Justice Rehnquist and Justice O’Connor would note probable jurisdiction and set case for oral argument.


text:
    No. 81-1351.
    Smith v. Florida.
   Appeal from Dist. Ct. App. Fla., 4th Dist., dismissed for want of jurisdiction.


text:
    No. 81-1259.
    No. 81-1267.
    Western Maryland Railway Co. v. Rose, Tax Commissioner of West Virginia; and Union-Mechling Corp. v. Rose, Tax Commissioner of West Virginia.
   Appeals from Sup. Ct. App. W. Va. dismissed for want of substantial federal question.

Justice White and Justice Powell would note probable jurisdiction and set cases for oral argument.

Reported below: - W. Va. -, 282 S. E. 2d 240.


text:
    No. 81-1671.
    Au v. Kelly et al., Trustees, dba Financial Plaza of the Pacific.
   Appeal from Int. Ct. App. Haw. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-1753.
    Balash v. New York City Employees’ Retirement System et al.
   Appeal from Ct. App. N. Y. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-1681.
    Jacob Brothers, Inc., et al. v. DeLeon.
   Appeal from App. Sess., Super. Ct. Conn., dismissed for want of substantial federal question.


text:
    No. 80-2117.
    Local Union No. 84, International Brotherhood of Electrical Workers, AFL-CIO v. United States et al.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273.


author: Justice Stevens,

text:
    No. 81-310.
    Bergman, Warden v. Burton.
   C. A. 6th Cir. Motion of respondent for leave to proceed in forma pawperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Rose v. Lundy, 455 U. S. 509 (1982).

Justice Stevens,

with whom Justice Marshall and Justice Blackmun join,

dissenting.

In Rose v. Lundy, 455 U. S. 509, the Court wrote:

“There is no basis to believe that today’s holdings will ‘complicate and delay’ the resolution of habeas petitions (Stevens, J., post, at 550), or will serve to ‘trap the unwary pro se prisoner.’ (Blackmun, J., post, at 530.)” Id., at 520.

Today, however, the Court interprets Rose as requiring further proceedings that can serve no purpose other than to “complicate and delay” the ultimate termination of this litigation.

In 1975 the respondent was convicted in a Michigan state court of assault with intent to commit murder and was sentenced to life imprisonment. His conviction was affirmed by the Michigan Court of Appeals in 1977 and the Michigan Supreme Court denied leave to appeal.

In 1980 the respondent sought a writ of habeas corpus in the United States District Court for the Eastern District of Michigan on two grounds: (1) that the trial court’s instructions to the jury deprived him of due process of law; and (2) that he was denied the effective assistance of counsel. The District Court found no merit to the first claim and refused to consider the second because the respondent had not exhausted his state remedies as required by 28 U. S. C. § 2254(b).

The Court of Appeals reversed, holding that the instructions were improper under Sandstrom v. Montana, 442 U. S. 510, and that even though trial counsel had not objected to the erroneous instruction, Wainwright v. Sykes, 433 U. S. 72, did not foreclose relief because the Michigan Court of Appeals had reviewed the asserted errors in the trial court’s jury charge and rejected the respondent’s claims on the merits. The Sixth Circuit did not address the respondent’s un-exhausted claim of ineffective assistance of counsel.

The Warden’s petition for certiorari in this Court raises the Wainwright v. Sykes issue and three questions concerning Sandstrom v. Montana. The petition makes no reference to the unexhausted claim. Ignoring the four questions presented by the Warden, the Court grants his petition, vacates the judgment of the Court of Appeals, and remands for reconsideration in the light of Rose v. Lundy.

Under Rose v. Lundy—if I read the Court’s opinion correctly — after the case gets back to the District Court, that court must dismiss the habeas corpus petition that is now a part of the record. Thereafter, the respondent immediately will be entitled to resubmit a petition eliminating the unex-hausted claim and confining his claim to relief to the issue that has already been resolved in his favor by the Court of Appeals. It seems reasonable to assume that the District Court will grant the relief mandated by the Court of Appeals, that the District Court order will then be promptly appealed by the Warden, and that the Court of Appeals thereafter will decide both the Wainwright v. Sykes issue and the three Sandstrom questions precisely as it decided them in the opinion that this Court today is vacating. It seems equally likely that the Warden will remain dissatisfied with that ruling and then once again file a petition for certiorari, at which time the Court can then determine whether to review the questions that are now presented.

The predictable consequences of the order the Court enters today illustrate the fact that the rule of Rose v. Lundy merely complicates and delays the termination of habeas corpus litigation. It disserves the interest of busy federal judges as well as the interest of deserving litigants.

I respectfully dissent.

       The questions presented for review read as follows:
      “I. Where no timely objection was made to the state court’s jury instructions as required by state law, the state appellate courts arguably relied on the failure to object in affirming the conviction and neither cause for the failure to object nor actual prejudice has been shown, is this state prison inmate barred from challenging the state court’s jury instructions in federal habeas corpus proceedings under the doctrine of Wainwright v Sykes, 4[3]3 US 72 (1977)?
      “II. Should Sandstrom v Montana, 442 US 510 (1979) be applied retroactively to a 1975 state court conviction?
      “HI. If Sandstrom is to be applied retroactively, do the state court’s jury instructions in this case violate the Sandstrom doctrine?
      “IV. If the state court’s jury instructions in this case violate Sandstrom, is the violation nevertheless harmless beyond a reasonable doubt under the doctrine of Chapman v California, 386 US 18 (1967)?” Pet. for Cert. i.

       “[W]e hold that a district court must dismiss habeas petitions containing both unexhausted and exhausted claims.” Rose v. Lundy, 455 U. S., at 522.

       “Those prisoners who misunderstand this requirement and submit mixed petitions nevertheless are entitled to resubmit a petition with only exhausted claims or to exhaust the remainder of their claims.” Id., at 520.

         Nothing in the Court’s opinion in Rose v. Lundy, or in anything the Court has written since, justifies the Court’s reaching out on its own initiative to apply its new rule to previously decided eases.


text:
    No. 81-1029.
    International Association of Machinists & Aerospace Workers, AFL-CIO, et al. v. Terrell et al.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273.


text:
    No. 81-1666.
    Grant v. Washington Public Employment Relations Commission et al.
   Sup. Ct. Wash. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Larson v. Valente, ante, p. 228.


text:
    No. A-891.
    Benjamin S. v. Kuriansky, Deputy Attorney General of New York.
   Ct. App. N. Y. Application for stay, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. A-897.
    No. A-913.
    Coastal Petroleum Co. v. Mobil Oil Corp.; and Board of Trustees of the Internal Improvement Trust Fund of Florida v. Mobil Oil Corp.
   C. A. 11th Cir. Applications for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-906.
    Anderson et al. v. Flateau et al.
   Application for stay of the order of the United States District Court for the Southern District of New York, entered March 26, 1982, addressed to Justice Rehnquist and referred to the Court, denied.


text:
    No. D-265.
    In re Disbarment of Grant.
   It is ordered that Arthur H. Grant, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-266.
    In re Disbarment of Feldman.
   It is ordered that Herman Feldman, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-267.
    In re Disbarment of DeFazio.
   It is ordered that Charles DeFazio III, of Newark, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-256.
    In re Disbarment of DeFrancis.
    [For earlier order herein, see 455 U. S. 902.]
   Disbarment entered.


text:
    No. D-268.
    In re Disbarment of Cyphers.
   It is ordered that Phillip L. Cyphers, of Pasadena, Tex., 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-269.
    In re Disbarment of Brown.
   It is ordered that Callis N. Brown, of Teaneck, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-270.
    In re Disbarment of Moritz.
   It is ordered that Andrew Bruce Moritz, of San Diego, 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-271.
    In re Disbarment of Wajert.
   It is ordered that John M. Wajert, of Phoenixville, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-272.
    In re Disbarment of Langkam.
   It is ordered that Leonard Langkam, of Detroit, Mich., 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. 27,
    No. 81,
    Orig.
    Orig.
    Ohio v. Kentucky; and Kentucky v. Indiana et al.
    [For earlier order herein, see, e. g., 454 U. S. 1076.]
   Report of the Special Master on the motion of Dorothy Cole et al. for leave to intervene is received and ordered filed. Motion of Dorothy Cole et al. for leave to intervene denied.


text:
    No. 81-202.
    National Association for the Advancement of Colored People et al. v. Claiborne Hardware Co. et al.
   Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1030.] Motion of petitioners for leave to file a supplemental brief after argument granted.

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


text:
    No. 81-298.
    No. 81-799.
    Community Television of Southern California v. Gottfried et al.; and Federal Communications Commission v. Gottfried et al.
   C. A. D. C. Cir. [Certiorari granted, 454 U. S. 1141.] Motion of respondents for additional time for oral argument granted, and 10 additional minutes allotted for that purpose. Request of respondents for divided argument denied.


text:
    No. 81-349.
    Chicago Bridge & Iron Co. v. Caterpillar Tractor Co. et al.
   Sup. Ct. Ill. [Probable jurisdiction noted, 454 U. S. 1029.] Case restored to calendar for reargument.

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


text:
    No. 81-680.
    No. 81-1076.
    Herman & MacLean v. Huddleston et al.; and Huddleston et al. v. Herman & MacLean et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 914.] Motion of Ralph E. Huddleston et al. for leave to enlarge question presented for review denied.


text:
    No. 81-1222.
    United States v. Generix Drug Corp. et al.
   C. A. 11th Cir. [Certiorari granted, 455 U. S. 988.]

Respondents’ suggestion of mootness rejected.


text:
    No. 81-827.
    Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories et al.
   C. A. 5th Cir. [Certiorari granted, 455 U. S. 999.] Motion of American Pharmaceutical Association for leave to file a brief as amicus curiae granted.

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


text:
    No. 81-1320.
    Kolender, Chief of Police of San Diego, et al. v. Lawson.
   C. A. 9th Cir. [Probable jurisdiction noted, 455 U. S. 999.] Motion of the parties to dispense with printing the joint appendix denied. Motion of Appellate Committee of the California District Attorneys Association for leave to file a brief as amicus curiae granted.


text:
    No. 81-1672.
    Pennzoil Co. v. Public Service Commission of West Virginia.
   Sup. Ct. App. W. Va. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 81-6323.
    Gaines v. Illinois.
   Sup. Ct. Ill. Motion of petitioner to dismiss the petition for writ of certiorari denied. Motion of court-appointed counsel to order a hearing to determine the competency of petitioner to file a motion to dismiss his petition denied.


text:
    No. 81-6458.
    Najar v. Oman et ux.
   Ct. App. Tex., 3d Sup. Jud. Dist. Motion of Texas for leave to intervene as a party respondent granted.


text:
    No. 81-6365.
    No. 81-6432.
    In re Hoover; and In re Briscoe.
   Petitions for writs of mandamus denied.


text:
    No. 81-1551.
    Schweiker, Secretary of Health and Human Services v. Rosofsky.
   Appeal from D. C. E. D. N. Y. Probable jurisdiction noted.


text:
    No. 81-523.
    Container Corporation of America v. Franchise Tax Board.
   Appeal from Ct. App. Cal., 1st App. Dist. Probable jurisdiction noted.

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


text:
    No. 81-1032.
    United States v. Sells Engineering, Inc., et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 81-1536.
    Commissioner of Internal Revenue v. Tufts et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 81-1635.
    Anderson et al. v. Celebrezze, Secretary of State of Ohio.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 81-160.
    No. 81-181.
    Mississippi et al. v. Phillips et al.; and Joint Legislative Committee for Performance, Evaluation, and Expenditure Review of Mississippi et al. v. Phillips et al.
   C. A. 5th Cir. Certiorari denied. Reported below: 637 F. 2d 1014.


text:
    No. 81-1024.
    Salazar v. San Francisco Bay Area Rapid Transit District.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1257.
    Miller v. Webster, Director, Federal Bureau of Investigation, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1427.
    Leaf et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1464.
    Cann et al. v. Ford Motor Co.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1467.
    Unvert et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1480.
    Bowman v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1501.
    Lacey v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1522.
    Peachtree City v. H & H Operations, Inc.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 81-1558.
    Cochrane & Bresnahan v. Smith, Guardian ad Litem.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1632.
    Honda Motor Co., Ltd. v. Hauschild.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1639.
    Mount Vernon Memorial Park et al. v. Securities and Exchange Commission.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1663.
    Kibler v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1668.
    Pine Belt Land Co. et al. v. Mississippi State Highway Commission et al.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 81-1669.
    Schiavo Brothers, Inc. v. United States Gypsum Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1670.
    Bankers Trust Co. et al. v. BP Oil, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1678.
    Weaver et al. v. Martin, Administrator.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1690.
    Geraldo v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 81-1691.
    No. 81-1693.
    Cheatham v. Florida; and Jones v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 81-1694.
    Griffith v. Clawson, formerly known as Griffith.
   Ct. App. Ohio, Clermont County. Certiorari denied.


text:
    No. 81-1695.
    Yellow Forwarding Co. v. Atlantic Container Line et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1697.
    Edward W. Minte Co., Inc., et al. v. Murphy.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1704.
    Hatch et ux. v. Madsen, Superintendent of Banks of Arizona, Receiver, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1716.
    Vaughn v. Hinchy, Witte, Wood, Anderson & Hodges.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 81-1779.
    No. 81-1780.
    No. 81-1840.
    Walgren v. United States; Bagnariol v. United States; and Gallagher v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 665 F. 2d 877.


text:
    No. 81-1806.
    Barnes v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1837.
    Freeman v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6030.
    White v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 81-6101.
    Pisano v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 81-6164.
    Ripplinger et al. v. Kidder County Social Service Board.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6196.
    Apachito et al. v. Watt, Secretary of the Interior, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6237.
    G. B. v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 81-6291.
    Glenn v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6346.
    Brooksher v. Harrel et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6358.
    Walker v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 81-6360.
    Richardson v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-6364.
    Medved v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6366.
    Abu-Bakr v. Reed et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6367.
    McCrary v. Smith, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6369.
    Williams v. Everett, Director, Arkansas Department of Labor.
   Ct. App. Ark. Certiorari denied.


text:
    No. 81-6370.
    Salman v. Swanson et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6372.
    Wade v. Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6376.
    Webb v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 81-6377.
    Seagle v. North Carolina.
   Super. Ct. N. C., Durham County. Certiorari denied.


text:
    No. 81-6421.
    Westover v. Richenberger et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6469.
    No. 81-6477.
    Miller v. United States; and Miller v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 666 F. 2d 991.


text:
    No. 81-6476.
    Kimberlin v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6479.
    Sanders v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6483.
    Pace v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6498.
    Guerrero v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-221.
    United Transportation Union, successor to Brotherhood of Railroad Trainmen v. Sears et al.
   C. A. 10th Cir. Certiorari denied.

Justice O’Con-nor took no part in the consideration or decision of this petition.


text:
    No. 81-1488.
    Alaska Marine Trucking, a division of Lynden Transport, Inc. v. Carnation Co.
   Ct. App. Wash. Certiorari denied.

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


text:
    No. 81-1437.
    Northern States Power Co. v. United States.
   C. A. 8th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 81-1521.
    Davis v. United Air Lines, Inc.
   C. A. 2d Cir. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 81-1698.
    Battaglia v. Union County Welfare Board et al.
   Sup. Ct. N. J. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 81-6110.
    No. 81-6205.
    No. 81-6352.
    Porter v. Texas. Bass v. Texas. Hance v. Zant, Superintendent, Georgia Diagnostic and Classification Center.
   Ct. Crim. App. Tex.;

Ct. Crim. App. Tex.; and

Super. Ct. Ga., Butts County. Certiorari denied. Reported below: No. 81-6110, 623 S. W. 2d 374; No. 81-6205, 622 S. W. 2d 101.

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. 80-6680.
    No. 81-660.
    No. 81-1116.
    No. 81-1382.
    No. 81-6151.
    McElroy v. United States, Addison Savmor, Inc. v. United States, O. Hommel Co. v. Ferro Corp., Atkinson v. Atkinson, aka Goelz, Cunningham v. Georgia,
   455 U. S. 642;

454 U. S. 1144;

455 U. S. 1017;

ante, p. 905; and

455 U. S. 1038. Petitions for rehearing denied.


text:
    No. 80-1690.
    American Medical Assn. et al. v. Federal Trade Commission,
   455 U. S. 676. Petition for rehearing denied.

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


text:
    May 17, 1982
    No. 81-1733.
    Dredge General G. L. Gillespie et al. v. Merchants National Bank of Mobile et al.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. 81-1066.
    Banco de Credito Rural Argentino, S.A. v. Banque Arabe et Internationale D’Investissement.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed under this Court’s Rule 53.


author: Justice Rehnquist,

text:
    No. 81-1731.
    Schatzle v. Kirkpatrick, Secretary of State of Missouri, et al.
   Affirmed on appeal from D. C. W. D. Mo.

Justice Rehnquist,

concurring.

Appellant in this case requests that we overrule Kirkpatrick v. Preisler, 394 U. S. 526 (1969). But here the District Court did not invalidate a reapportionment plan duly adopted by the state legislature; it merely adopted a plan of its own when the legislature was unable to reach agreement. This case, therefore, does not require that we address appellant’s suggestion respecting Kirkpatrick v. Preisler, supra.


text:
    No. 81-1770.
    Orwoll et al. v. LaComb et al.
   Affirmed on appeal from D. C. Minn.

Justice Stevens would note probable jurisdiction and set case for oral argument. Justice Blackmun took no part in the consideration or decision of this case.


text:
    No. 79-6584.
    In re Trapp et al.
   Appeal from Sup. Ct. Mo. dismissed for want of jurisdiction.


text:
    No. 81-1738.
    First National Bank of Saint Paul v. Minnesota, by Lord, its Treasurer.
   Appeal from Sup. Ct. Minn. dismissed for want of jurisdiction.


text:
    No. 81-1614.
    No. 81-1615.
    Rosenberg et al. v. Johns-Manville Sales Corp. et al.; and Steinhardt, Executrix v. Johns-Manville Corp. et al.
   Appeals from Ct. App. N. Y. dismissed for want of jurisdiction. Treating the papers whereon the appeals were taken as petitions for writs of certiorari, certiorari denied.

Justice Brennan took no part in the consideration or decision of these cases.

Reported below: 54 N. Y. 2d 1008, 430 N. E. 2d 1297.


text:
    No. 81-1700.
    Gilliland v. City of Palmdale; and Gilliland et al. v. County of Los Angeles.
   Appeals from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question. Reported below: 126 Cal. App. 3d 610, 179 Cal. Rptr. 73 (second case).


text:
    No. 81-6202.
    Addison et al. v. City of Chester.
   Appeal from Sup. Ct. S. C. dismissed for want of substantial federal question.


text:
    No. 81-6424.
    Bacik v. Pennsylvania.
   Appeal from Pa. Commw. Ct. dismissed for want of substantial federal question.


text:
    No. 81-1752.
    Howard v. Board of County Commissioners of the County of Weld, Colorado, et al.
   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. 81-1649.
    City of Parma, Ohio, et al. v. Record Revolution, No. 6, Inc., et al.
   Appeal from C. A. 6th Cir. Judgment vacated and case remanded for further consideration in light of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U. S. 489 (1982).

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


text:
    No. 80-1542.
    Rivers, Executor, et al. v. Rosenthal & Co.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Merrill Lynch, Pierce, Fenner & Smith v. Curran, ante, p. 353.


text:
    No. 81-1118.
    International Molders & Allied Workers Union, AFL-CIO, Local 342, et al. v. Terrell et al.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273.


text:
    No. 81-1750.
    Washington v. Gibson.
   C. A. 9th Cir. Motion of respondent for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Engle v. Isaac, ante, p. 107, and United States v. Frady, ante, p. 152.


text:
    No. 81-1800.
    White-Wilson Medical Clinic, Inc. v. Robbins.
   C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for farther consideration in light of Pullman-Standard v. Swint, ante, p. 273.


text:
    No.-.
    Ritter v. Board of Commissioners of Adams County Public Hospital District No. 1.
   Motion to direct the Clerk to file the petition for writ of certiorari denied.


text:
    No. A-916.
    In re Drefke.
   D. C. W. D. Mo. Application for stay, addressed to Justice Rehnquist and referred to the Court, denied.


text:
    No. A-929 (81-1871).
    Meco, Inc. v. Sinnette, Judge, Boyd Circuit Court, Division II, et al.
   Sup. Ct. Ky. Application for stay, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. D-264.
    In re Disbarment of Eilberg.
   Disbarment entered. [For earlier order herein, see ante, p. 903.]


text:
    No. 81-523.
    Container Corporation of America v. Franchise Tax Board.
   Ct. App. Cal., 1st App. Dist. [Probable jurisdiction noted, ante, p. 960.] Motions of National Association of Manufacturers, Committee on State Taxation of the Council of State Chambers of Commerce, EMI, Limited, and Canadian Imperial Bank of Commerce et al. for leave to file briefs as amici curiae granted.

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


text:
    No. 81-1784.
    American Cyanamid Co. v. Oil, Chemical & Atomic Workers International Union et al.
   C. A. D. C. Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 81-1717.
    American Bank & Trust Co. et al. v. Dallas County et al.; Bank of Texas et al. v. Childs et al.; and Wynnewood Bank & Trust et al. v. Childs et al.
   Ct. App. Tex., 5th Sup. Jud. Dist. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

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


text:
    No. 81-969.
    Washington et al. v. United States.
   Appeal from C. A. 9th Cir. Probable jurisdiction noted.


text:
    No. 81-1590.
    Bolger et al. v. Youngs Drug Products Corp.
   Appeal from D. C. D. C. Probable jurisdiction noted.


text:
    No. 81-1020.
    No. 81-1268.
    Exxon Corp. et al. v. Eagerton, Commissioner of Revenue of Alabama, et al.; and Exchange Oil & Gas Corp. et al. v. Eagerton, Commissioner of Revenue of Alabama.
   Appeals from Sup. Ct. Ala. Probable jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 404 So. 2d 1.


text:
    No. 81-1756.
    Lehr v. Robertson et al.
   Appeal from Ct. App. N. Y. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 81-1284.
    Eicke v. Eicke.
   Ct. App. La., 3d Cir. Certiorari granted.


text:
    No. 81-1627.
    Shepard v. National Labor Relations Board et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 81-1453.
    South Dakota v. Neville.
   Sup. Ct. S. D. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 81-1463.
    United States v. Hasting et al.
   C. A. 7th Cir. Motions of respondents Kevin Wendell Anderson, Gable Gibson, Gregory Lamont Williams, Kelvin Hasting, and Napoleon Stewart for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 81-1618.
    No. 81-1619.
    Weyerhaeuser Co. et al. v. Lyman Lamb Co. et al.; and Georgia-Pacific Corp. v. Lyman Lamb Co. et al.
   C. A. 5th Cir. Motions of Chamber of Commerce of the United States, Business Roundtable, and National Association of Manufacturers for leave to file briefs as amici curiae granted. Motion of Bowie-Sims-Prange, Inc., et al. for leave to file a brief as amici curiae in No. 81-1618 granted. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.

Justice White and Justice O’Connor took no part in the consideration or decision of these motions and these petitions.

Reported below: 655 F. 2d 627.


text:
    No. 81-1810.
    Naranjo et al. v. Corriz.
   C. A. 10th Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition.


text:
    No. 81-155.
    Board of Trustees of Institutions of Higher Education et al. v. Mississippi Council on Human Relations et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-510.
    Florida State University et al. v. Joshi.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1050.
    Tapp v. Lucas, Warden, Mississippi State Penitentiary, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1069.
    Terrell et al. v. International Association of Machinists & Aerospace Workers et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1184.
    Chatham Ventures, Inc., et al. v. Federal Deposit Insurance Corporation.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1306.
    Matherne v. Terrebonne Parish Police Jury.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-1346.
    Jaffee et al. v. United States et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1361.
    No. 81-1524.
    West Virginia ex rel. Air Pollution Control Commission v. Gorsuch, Administrator, United States Environmental Protection Agency, et al.; and Pennsylvania v. Gorsuch, Administrator, United States Environmental Protection Agency, et al.
   C. A. 3d Cir. Certiorari denied. Reported below: No. 81-1361, 672 F. 2d 904; No. 81-1524, 672 F. 2d 902.


text:
    No. 81-1372.
    City of Atlanta v. Owen et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 81-1393.
    Florida Marble Polishers Health & Welfare Trust Fund et al. v. Edwin M. Green, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1439.
    Blinken v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 81-1498.
    Cavalieri v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1533.
    Merchants Refrigerating Company of California v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1543.
    Southwest Sunsites, Inc., et al. v. Federal Trade Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1544.
    Liquor Salesmen’s Union of the State of New York, Local 2, Distillery, Rectifying, Wine & Allied Workers International Union, AFL-CIO v. Charmer Industries, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1547.
    City of Pleasant Grove et al. v. Wheeler et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1549.
    Mastrangelo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1553.
    Montez v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1586.
    Torres et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1565.
    VSL Corp. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1596.
    Mitchell Energy Corp. v. Federal Energy Regulatory Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1684.
    International Association of Machinists & Aerospace Workers et al. v. Federal Election Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1706.
    Balsley v. Gulley et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1707.
    Skelton et al. v. General Motors Corp.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1710.
    Ohio Valley Carpenters District Council, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, Local No. 1787 v. Pease Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1711.
    McNew v. Bank of Mount Vernon et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1719.
    Petrusch, dba B & L Distribution Center v. Teamsters Local 317, Syracuse, New York, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1720.
    Savastano, Administratrix v. Board of Education, Kings Park School District No. 5, County of Suffolk, et al.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 81-1721.
    Alford et al. v. City of Lubbock, Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1723.
    Pandil v. Illinois Central Gulf Railroad Co.
   Ct. App. Iowa. Certiorari denied.


text:
    No. 81-1726.
    Siger v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-1734.
    Montag v. Outboard Marine Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1741.
    Courier-Journal et al. v. McCall.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 81-1745.
    Trifa v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1751.
    Gay et al. v. P. K. Lindsay Co., Inc.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-1754.
    Oxman et al. v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-1758.
    Sheet Metal Workers’ International Assn., AFL-CIO v. Mobile Mechanical Contractors Assn., Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1762.
    Woods v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 81-1765.
    Township of Doylestown v. Ad World, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1766.
    United Technologies Corp. v. Fiacco et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1767.
    Sabet et al. v. Republic National Bank of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1771.
    City of Beachwood, Ohio v. Central Motors, Inc., et al.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 81-1775.
    Douglas v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 81-1786.
    North River Insurance Co. v. Scali, McCabe, Sloves, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1788.
    Option Advisory Service, Inc. v. Board of Governors of the Federal Reserve System et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1790.
    Bridgeport Education Assn. v. City of Bridgeport et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1792.
    McInnis v. District Grievance Committee for District 12-B of the State Bar of Texas.
   Ct. Civ. App. Tex., 9th Sup. Jud. Dist. Certiorari denied.


text:
    No. 81-1795.
    Smith International, Inc. v. Hughes Tool Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1812.
    Founding Church of Scientology of Washington, D. C., Inc. v. Regan, Secretary of the Treasury, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1816.
    Canham v. Oberlin College.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1823.
    Maecom S.A., Geneva, et al. v. Anglomar Bulkcarriers, Ltd.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1825.
    Crossman et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1841.
    Conway v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 81-1850.
    Knyff et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1874.
    Sentinel Government Securities et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1877.
    Brummitt v. United States; and Scarborough v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 665 F. 2d 521 (first case); 664 F. 2d 286 (second case).


text:
    No. 81-1898.
    Brewer v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1902.
    Tanaka v. Creditors’ Committee #1 et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1912.
    Huber & Antilla Construction v. Carpenters Local 470, United Brotherhood of Carpenters & Joiners of America, AFL-CIO.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1914.
    Pearson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1927.
    Foster v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1937.
    Booth et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-1952.
    Rowe v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 81-1957.
    Pena v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-1981.
    Cotton Belt Insurance Co., Inc., et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6078.
    Taylor v. Minneapolis Public Schools et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6090.
    Smith v. Housewright, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6126.
    Vance v. Hedrick et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6222.
    Jackson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6249.
    Culhane v. Harris, Superintendent, Green Haven Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6258.
    Cantrell v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6329.
    Wooton v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6344.
    No. 81-6373.
    No. 81-6379.
    Gibson v. United States; Williams v. United States; and Hasting v. United States.
   C. A. 7th Cir. Certiorari denied. Reported below: 660 F. 2d 301.


text:
    No. 81-6348.
    Wilson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6374.
    Boston v. Difanis.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6387.
    Barbee v. Mitchell, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6392.
    Zarcone v. Perry et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 81-6393.
    Ahmed v. Eikerenkoetter.
   Ct. App. D. C. Certiorari denied.


text:
    No. 81-6397.
    Arroyo v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 81-6399.
    Koop et al. v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 81-6402.
    Hyppolite v. ABC et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6403.
    Chase v. Maggio et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-6412.
    McLaughlin et al. v. City of LaGrange, Georgia, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6413.
    Belasco v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-6414.
    Davis v. Parratt, Warden, Nebraska State Penitentiary.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6417.
    Reed v. Webster et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6420.
    Carter v. Jago.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6427.
    Roots v. Wainwright et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6428.
    Kines et al. v. Butterworth et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-6429.
    Forston v. Orange Unified School District et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6430.
    Groff v. Township of Elizabeth, Lancaster County, Pennsylvania.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 81-6433.
    Brian Lee W. v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-6434.
    Lewis v. Engle.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6436.
    Penn v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-6438.
    Beach v. Kapner, Judge, Fifteenth Judicial Circuit of Florida.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6439.
    Richards v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 81-6440.
    Paschal v. Florida Department of Labor and Employment Security, Division of Employment Security, et al.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 81-6441.
    Watson v. Arizona.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 81-6446.
    David Lynn C. v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-6447.
    Ah Lo et al. v. Hawaii.
   Int. Ct. App. Haw. Certiorari denied.


text:
    No. 81-6449.
    Johnson v. Adams.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 81-6450.
    Holsey v. McCauley et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6456.
    Sayers v. Florida.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 81-6457.
    Sinclair v. Hunter, Chairman, Louisiana Board of Pardons.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6467.
    McDonald v. Thompson et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6487.
    Moore v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 81-6501.
    Dudley v. United States District Court for the Central District of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6504.
    Maxwell v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6507.
    Boyden v. Smith, Attorney General, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6508.
    Zambito v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6510.
    Peterson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6514.
    Green v. Carlson, Director, Federal Bureau of Prisons.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-6515.
    Nickerson v. Wright et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6523.
    Strinich v. Clairton School District.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-6526.
    Bowles v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-6539.
    Fince v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6541.
    In re Baird.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6542.
    Hegwood v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6550.
    Avon v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6564.
    Cook v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6567.
    London v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6589.
    Rhodes v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6590.
    Benavidez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6596.
    Williams v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1448.
    Raymond International, Inc. v. Baker.
   C. A. 5th Cir. Motion of petitioner to strike portions of respondent’s brief denied. Certiorari denied.


text:
    No. 81-1479.
    Gulf Oil Corp. et al. v. Petrol Stops Northwest et al.
   C. A. 11th Cir. Certiorari denied.

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


text:
    No. 81-1746.
    Purex Corp. v. Procter & Gamble Co. et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 81-1563.
    Sacramento Bee, published by McClatchy Newspapers v. United States District Court for the Eastern District of California (United States et al., Real Parties in Interest).
   C. A. 9th Cir. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 81-1665.
    Dykema et al. v. United States et al.
   C. A. 7th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 81-1730.
    Hall et al. v. Blake et al.
   C. A. 1st Cir. Motion of respondents Albert Blake, Ralph Hamm, and Patrick Rahilly for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 81-1769.
    Federated Publications, Inc. v. Swedberg.
   Sup. Ct. Wash. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 81-5379.
    No. 81-5562.
    No. 81-5784.
    No. 81-5848.
    No. 81-5944.
    No. 81-6338.
    No. 81-6385.
    No. 81-6435.
    No. 81-6437.
    Sireci v. Florida. Gilreath v. Georgia. Combs v. Florida. Gilbert et al. v. South Carolina. Messer v. Florida. Fair v. Zant, Warden, Georgia Diagnostic and Classification Center. Ortiz v. Arizona. Moore v. Nebraska. Smith v. Florida.
   Sup. Ct. Fla.;

Sup. Ct. Ga.;

Sup. Ct. Fla.;

Sup. Ct. S. C.;

Sup. Ct. Fla.;

Super. Ct. Ga., Butts County;

Sup. Ct. Ariz.;

Sup. Ct. Neb.; and

Sup. Ct. Fla. Certiorari denied. Reported below: No. 81-5379, 399 So. 2d 964; No. 81-5562, 247 Ga. 814, 279 S. E. 2d 650; No. 81-5784, 403 So. 2d 418; No. 81-5848, 277 S. C. 53, 283 S. E. 2d 179; No. 81-5944, 403 So. 2d 341; No. 81-6385,131 Ariz. 195, 639 P. 2d 1020; No. 81-6435, 210 Neb. 457, 316 N. W. 2d 33; No. 81-6437, 407 So. 2d 894.

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. 81-824.
    No. 81-5418.
    Jacks v. Duckworth, Warden, Papp v. Jago,
   454 U. S. 1147; and

454 U. S. 1035. Motions for leave to file petitions for rehearing denied.


text:
    No. 80-2092.
    No. 81-363.
    No. 81-417.
    No. 81-547.
    No. 81-1000.
    No. 81-1343.
    No. 81-1419.
    No. 81-1471.
    No. 81-1542.
    No. 81-5897.
    No. 81-6132.
    No. 81-6395.
    SCM Corp. v. Xerox Corp., Karr v. Karr, Wainwright, Corrections Secretary v. Perez, Diaz et al. v. Beyer et ux., California State Board of Equalization v. United States, Rosenbaum v. Rosenbaum, Madison v. Barry, Mayor of the District of Columbia, et al., Immer v. Puerto Rico Maritime Shipping Authority et al., Mazaleski v. Schweiker, Secretary of Health and Human Services, et al., Wilson v. United States, Hamilton v. Mays et al., Goldblatt v. Vogel et al.,
   455 U. S. 1016;

455 U. S. 1016;

ante, p. 910;

ante, p. 904;

ante, p. 901;

455 U. S. 1018;

455 U. S. 1020;

ante, p. 906;

455 U. S. 1022;

ante, p. 917;

455 U. S. 1025; and

ante, p. 934. Petitions for rehearing denied.


text:
    May 24, 1982
    No. 81-1814.
    Lake Carriers’ Assn. et al. v. Kelley, Attorney General of Michigan, et al.
   Affirmed on appeal from D. C. E. D. Mich.


text:
    No. 81-1785.
    Hunter v. New York State Department of Civil Service.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 81-1855.
    Red Owl Stores, Inc. v. Commissioner of Agriculture.
   Appeal from Sup. Ct. Minn. dismissed for want of substantial federal question.


text:
    No. 81-1787.
    Devine, Director, Office of Personnel Management, et al. v. Sullivan.
   Appeal from D. C. N. D. Ill. Judgment vacated and case remanded with instructions to dismiss the cause as moot.


text:
    No. 80-1023.
    Bell, Secretary of Education, et al. v. Dougherty County School System.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of North Haven Board of Education v. Bell, ante, p. 512.


text:
    No. 80-493.
    United States Department of Education v. Seattle University.
   C. A. 9th Cir. [Certiorari granted, 449 U. S. 1009.] Motion of American Civil Liberties Union Women’s Rights Project et al. for leave to file a brief as amici curiae granted. Judgment vacated and case remanded for further consideration in light of North Haven Board of Education v. Bell, ante, p. 512.


text:
    No. A-950.
    Board of Trustees of the Internal Improvement Trust Fund of Florida v. American Cyanamid Co.
   C. A. 11th Cir. Application to recall and stay the mandate, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. D-258.
    In re Disbarment of Root.
    [For earlier order herein, see 455 U. S. 1012.]
   Disbarment entered.


text:
    No. D-259.
    In re Disbarment of Coven.
    [For earlier order herein, see 455 U. S. 1012.]
   Disbarment entered.


text:
    No. D-273.
    In re Disbarment of Micun.
   It is ordered that Richard P. Micun, of Evergreen Park, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 81-827.
    Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories et al.
   C. A. 5th Cir. [Certiorari granted, 455 U. S. 999.] Motion of respondent Board of Trustees of the University of Alabama for divided argument and for additional time for oral argument denied.

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


text:
    No. 81-1271.
    Falls City Industries, Inc. v. Vanco Beverage, Inc.
   C. A. 7th Cir. [Certiorari granted, 455 U. S. 988.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 81-1958.
    Arizona Electric Power Cooperative, Inc. v. Mid-Louisiana Gas Co. et al.
   C. A. 5th Cir. Motion of petitioner to expedite consideration of petition for writ of certiorari denied.


text:
    No. 81-6464.
    In re Estes.
   Petition for writ of mandamus denied.


text:
    No. 81-1574.
    Local 926, International Union of Operating Engineers, AFL-CIO, et al. v. Jones.
   Appeal from Ct. App. Ga. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 81-185.
    Simopoulos v. Virginia.
   Appeal from Sup. Ct. Va. Probable jurisdiction noted.


text:
    No. 81-1636.
    Florida v. Brady et al.
   Sup. Ct. Fla. Certiorari granted.


text:
    No. 81-1686.
    Watt, Secretary of the Interior, et al. v. Western Nuclear, Inc.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 81-746.
    No. 81-1172.
    City of Akron v. Akron Center for Reproductive Health, Inc., et al.; and Akron Center for Reproductive Health, Inc., et al. v. City of Akron et al.
   C. A. 6th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 651 F. 2d 1198.


text:
    No. 81-1255.
    No. 81-1623.
    Planned Parenthood Association of Kansas City, Missouri, Inc., et al. v. Ashcroft, Attorney General of Missouri, et al.; and Ashcroft, Attorney General of Missouri, et al. v. Planned Parenthood Association of Kansas City, Missouri, Inc., et al.
   C. A. 8th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 664 F. 2d 687.


text:
    No. 81-1494.
    Block, Secretary of Agriculture, et al. v. Neal.
   C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 81-1661.
    General Motors Corp. v. Devex Corp. et al.
   C. A. 3d Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 80-1771.
    Hydrolevel Corp. v. American Society of Mechanical Engineers, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-2138.
    Carter v. Dayton Board of Education et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-854.
    Seguin et al. v. Akron Center for Reproductive Health, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1274.
    Robinson v. City of Junction City.
   Ct. App. Kan. Certiorari denied.


text:
    No. 81-1360.
    Home Indemnity Co. et al. v. Oesterle.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1486.
    No. 81-1490.
    Friedland v. United States; and Friedland v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 660 F. 2d 919.


text:
    No. 81-1495.
    Moore v. Jordan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1508.
    Andrew Martin Marine Corp. et al. v. Motoren-Werke Mannheim, A.G., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1629.
    American Indians Residing on the Maricopa-Ak Chin Reservation v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 81-1630.
    Modica v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1658.
    Monaco v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1660.
    Memphis Mobile Telephone, Inc., et al. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1683.
    Maher, Commissioner of Income Maintenance of Connecticut v. Schweiker, Secretary of Health and Human Services, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1701.
    Johnson v. J. Ray McDermott & Co., Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1718.
    No. 81-1865.
    Devex Corp. et al. v. General Motors Corp.; and Devex Corp. et al. v. General Motors Corp.
   C. A. 3d Cir. Certiorari denied. Reported below: 667 F. 2d 347.


text:
    No. 81-1739.
    Eady v. Erbe.
   Ct. Civ. App. Ala. Certiorari denied.


text:
    No. 81-1781.
    Solebury Township et al. v. Heritage Farms, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1797.
    Theatre Techniques, Inc. v. United Scenic Artists, Local 829 of the Brotherhood of Painters & Allied Trades, AFL-CIO, et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 671 F. 2d 493.


text:
    No. 81-1801.
    Kramer v. Abrams, Attorney General of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1807.
    Southeastern Pennsylvania Transportation Authority v. Railway Labor Executives’ Assn. et al.
   Sp. Ct. R. R. R. A. Certiorari denied.


text:
    No. 81-1822.
    Fiala v. Village of Carpentersville.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 81-1824.
    No. 81-1851.
    Cohen et al. v. United States; and Carlone v. United States.
   C. A. 7th Cir. Certiorari denied. Reported below: 666 F. 2d 1112.


text:
    No. 81-1826.
    Davis et al. v. City of South Bend.
   Ct. App. Ind. Certiorari denied.


text:
    No. 81-1827.
    E. W. Scripps Co. v. Heheman et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1838.
    Hughes Tool Co. v. Richards.
   Ct. App. Tex., 14th Sup. Jud. Dist. Certiorari denied.


text:
    No. 81-1846.
    Lustgarten v. Ayres et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1854.
    Lyons v. Nippon Gakki Seizo Kabushiki Kaisha (Nippon Gakki Co., Ltd.) et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1892.
    Bonen v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 81-1901.
    Faker et ux. v. Elmore et ux.
   Ct. App. Wash. Certiorari denied.


text:
    No. 81-1932.
    McCarty v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1935.
    McGrath v. State University of New York at Plattsburgh.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1939.
    Barksdale v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1942.
    McCain v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1975.
    Saint Prix v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1977.
    Hodakievic v. Marado et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1984.
    Rosenberg v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1987.
    Bryant v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-2029.
    Vasile et al. v. Local 676, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5113.
    Boice v. State University of New York at New Paltz et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6214.
    Lake v. Estelle, Director, Texas Department of Corrections.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 81-6255.
    Bradbury v. Wainwright, Secretary, Department of Florida Rehabilitation.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6285.
    Mathis v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6459.
    Dohner v. Morris, Warden.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 81-6460.
    Brown v. Loggins et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6466.
    Wright v. Leighton, Judge, United States District Court for the Northern District of Indiana.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6468.
    Scott v. Cowley, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6470.
    Scott v. Arkansas.
   Ct. App. Ark. Certiorari denied.


text:
    No. 81-6474.
    Antone v. Warden, Maryland Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6475.
    Thomas v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 81-6478.
    Posey v. Illinois.
   App. Ct. Ill., 5th Dist. Certiorari denied.


text:
    No. 81-6481.
    Bodette v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 81-6482.
    Chaney v. Warden, Maryland Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-6485.
    Johnson v. Milliken, Governor of Michigan, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6486.
    Jackson v. Rose, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6488.
    Jackson v. District of Columbia Department of Employment Services.
   Ct. App. D. C. Certiorari denied.


text:
    No. 81-6495.
    Thompson v. Morrow et al.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 81-6496.
    Clark v. Wilmot.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6544.
    Tatum v. National Bank of Commerce, Lincoln, Nebraska.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6565.
    Kopack et al. v. National Labor Relations Board et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6577.
    Romieh v. Reagan, President of the United States, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-6599.
    Montgomery v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6601.
    Green v. Warden, U. S. Penitentiary, Terre Haute, Indiana, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6605.
    Tombrello et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6610.
    Scott v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6613.
    Gonzalez-Hernandez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1460.
    Tejeda-Mata v. Immigration and Naturalization Service.
   C. A. 9th Cir. Certiorari denied.

Justice O’Connor would grant certiorari.


text:
    No. 81-1497.
    Cheveres v. Superior Court of California, Ventura County (Miller, Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Motion of respondent Glenda Cheveres Miller for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 81-6622.
    Parker v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1512.
    Dowdle, Superintendent, Safford Conservation Center, et al. v. Wright.
   C. A. 9th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 81-1833.
    Michigan v. Paintman.
   Sup. Ct. Mich. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


author: Justice White,

text:
    No. 81-1585.
    Watt, Secretary of the Interior, et al. v. Holmes Limestone Co. et al.
   C. A. 6th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

This action was brought by respondents as a challenge to the validity of a regulation defining the term “cemetery” as used in § 522(e)(5) of the Surface Mining Control and Reclamation Act of 1977, 91 Stat. 509, 30 U. S. C. § 1272(e)(5) (1976 ed., Supp. IV). The United States District Court for the Northern District of Ohio dismissed the complaint for lack of jurisdiction, holding that § 526(a)(1) of the Act, 30 U. S. C. § 1276(a)(1) (1976 ed., Supp. IV), permits challenges to such regulations to be brought only in the United States District Court for the District of Columbia.

The United States Court of Appeals reversed and remanded the case for consideration of the merits. Holmes Limestone Co. v. Andrus, 655 F. 2d 732 (CA6 1981). It held that § 526(a)(1) permits review of challenges to national regulations in courts other than the United States District Court for the District of Columbia because while the statute provides that certain actions may be brought only in the district court where the mining operation is located, in the final version of the bill the word “only” was deleted from the phrase providing for judicial review of national regulations in the District of Columbia. 655 F. 2d, at 737. The court also concluded that there are “serious questions about the propriety” of the 60-day limitation on the filing of petitions for judicial review of rulemaking actions contained in § 526(a)(1). 655 F. 2d, at 738.

The decision below is troubling for several reasons. First, § 526(a)(1) provides that regulations with a national impact be reviewed in the District of Columbia, those with a statewide impact in the district court for the district of the capital of the State involved, and all other regulations only in the district where the surface mining operation at issue is located. By allowing a national regulation to be challenged in federal courts other than those in the District of Columbia, the Court of Appeals here arguably frustrated Congress’ carefully devised plan for judicial review. Second, the court below based its holding on the fact that both the House and Senate versions of the bill provided that national regulations were to be reviewed only in the District Court for the District of Columbia, while the word “only” was omitted from the final version of the bill reported out of the Conference Committee. However, the Conference Committee’s discussion of the changes made in the bill does not even mention this deletion, and it may well have been inadvertent. H. R. Rep. No. 95-493, p. 111 (1977). Finally, the only other courts to rule on this question have both held that § 526(a)(1) provides for exclusive review of national regulations in the District Court for the District of Columbia. Reading Anthracite Co. v. Office of Surface Mining, Reclamation and Enforcement, No. 80-0667 (ED Pa., Oct. 8, 1980); Union Carbide Corp. v. Andrus, 13 ERC 1481, 1489 (SD W. Va. 1979).

Because there are serious questions whether the Court of Appeals properly interpreted § 526(a)(1) and because such an interpretation appears to conflict with the congressional intent that there be uniform national performance standards for surface mining, see S. Rep. No. 95-128, p. 49 (1977); H. R. Rep. No. 95-218, pp. 57-58 (1977), I would grant the petition for certiorari and set the case for oral argument. Delaying resolution of the issue could cause substantial disruption both to the coal mining industry and to the agencies charged with administering the Surface Mining Act.

       Section 526(a)(1) provides, in pertinent part:
      “Any action by the Secretary promulgating national rules or regulations . . . shall be subject to judicial review in the United States District Court for the District of Columbia. . . . ■ A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action . . . .” 91 Stat. 512.

       H. R. 2, 95th Cong., 1st Sess., § 526(a)(1) (1977). See also H. R. Rep. No. 95-218, p. 46 (1977).

       S. 7, 95th Cong., 1st Sess., § 426(a)(1) (1977). See also S. Rep. No. 95-128, p. 41 (1977).

       The Court of Appeals did not rule directly on the 60-day limitation period for filing petitions for judicial review of rulemaking actions. Accordingly, it would not be necessary for the Court to address that issue.


text:
    No. 81-1605.
    Red Ball Motor Freight, Inc. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom Justice Rehnquist joins,

dissenting.

In Wright Line, a Division of Wright Line, Inc., 251 N. L. R. B. 1083, 1089 (1980), the National Labor Relations Board announced a test for identifying violations of § 8(a)(3) of the National Labor Relations Act, 29 U. S. C. § 158(a)(3): General Counsel must first “make a prima facie showing sufficient to support the inference that [an employer’s opposition to] protected conduct was a ‘motivating factor’ in the employer’s [discharge] decision. Once this is established, the burden will shift to the employer to demonstrate that the same action would have taken place even in the absence of the protected conduct.” Most Courts of Appeals, including the Court of Appeals for the Fifth Circuit in this case, have endorsed the Board’s test in its entirety. See NLRB v. Robin American Corp., 654 F. 2d 1022 (CA5 1981); NLRB v. Lloyd A. Fry Roofing Co., Inc., of Delaware, 651 F. 2d 442 (CA6 1981); Peavey Co. v. NLRB, 648 F. 2d 460 (CA7 1981); NLRB v. Nevis Industries, Inc., 647 F. 2d 905 (CA9 1981); NLRB v. Fixtures Manufacturing Corp., 669 F. 2d 547 (CA8 1982). The Court of Appeals for the Third Circuit and that for the First Circuit, however, disagree with the Board on the exact nature of the employer’s burden after the General Counsel establishes a prima facie case. These two Circuits hold the burden to be one of production, rather than one of persuasion. See NLRB v. Wright Line, 662 F. 2d 899 (CA1 1981), cert. denied, 455 U. S. 989 (1982); Behring International, Inc. v. NLRB, 675 F. 2d 83 (CA3 1982). In order to resolve this conflict on what is obviously a recurring issue that should be resolved, I would grant the writ of certiorari.


text:
    No. 81-1715.
    No. 81-1805.
    Railway Labor Executives’ Assn. v. Scott, Trustee, et al. Railway Labor Executives’ Assn. v. Gibbons, Trustee, et al.
   C. A. 3d Cir.; and

C. A. 7th Cir. Motion of petitioner to consolidate the petitions for writs of certiorari denied. Certiorari denied. Reported below: No. 81-1715, 673 F. 2d 1301; No. 81-1805, 672 F. 2d 920.


text:
    No. 81-1813.
    Foust et al. v. Garmon.
   C. A. 8th Cir. Motion of respondent for leave to proceed informa pauperis denied. Certiorari denied.


text:
    No. 81-1820.
    CFS Continental, Inc., et al. v. Adams Extract Co. et al.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 81-1890.
    Beckman v. Equal Employment Opportunity Commission et al.
   C. A. 10th Cir. Motion of petitioner for leave to proceed as a veteran granted. Certiorari denied.


author: Justice Brennan,

text:
    No. 81-6171.
    Brooks v. Oklahoma.
   C. A. 10th Cir. Certiorari denied.

Justice Brennan,

dissenting.

During the evening of August 2, 1974, petitioner Alfred Brooks and a male companion abducted two women at gunpoint. After robbing the women, the men took the victims into a field and shot them, wounding one and killing the other. Petitioner was thereafter charged, tried, and convicted in District Court, Oklahoma County, Okla., for the offense of murder in the first degree. He was sentenced to death. On appeal, the conviction was affirmed, but the sentence was modified to life imprisonment. Brooks v. State, 556 P. 2d 147 (Okla. Crim. App. 1977). The State later prosecuted petitioner for two additional offenses related to the events of August 2, 1974: assault and battery with a deadly weapon with intent to kill, and robbery with firearms. Petitioner pleaded guilty to both charges, and was sentenced to two concurrent 20-year terms of imprisonment. Seeking postconviction relief in the Oklahoma court, petitioner challenged the later convictions on double jeopardy grounds, inter alia. Following the denial of relief, which was affirmed on appeal, Brooks filed a petition for a writ of habeas corpus in the United States District Court for the Western District of Oklahoma. That court dismissed the petition, and the Court of Appeals for the Tenth Circuit affirmed.

Although all the charges leveled against petitioner arose out of the same criminal transaction or episode, they were prosecuted by the State in two separate proceedings. Accordingly, I would grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand for further proceedings. I adhere to my view that the Double Jeopardy Clause of the Fifth Amendment, applied to the States through the Fourteenth Amendment, Benton v. Maryland, 395 U. S. 784 (1969), requires that except in extremely limited circumstances not present here, “all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction” be prosecuted in one proceeding. Ashe v. Swenson, 397 U. S. 436, 453-454 (1970) (Brennan, J., concurring). See Thompson v. Oklahoma, 429 U. S. 1053 (1977) (Brennan, J., dissenting); Cousins v. Maryland, 429 U. S. 1027 (Brennan, J., dissenting); Dempsey v. United States, 423 U. S. 1079 (1976) (Brennan, J., dissenting); Susi v. Flowers, 423 U. S. 1006 (1975) (Brennan, J., dissenting); Vardas v. Texas, 423 U. S. 904 (1975) (Brennan, J., dissenting); Stewart v. Iowa, 423 U. S. 902 (1975) (Brennan, J., dissenting); Waugh v. Gray, 422 U. S. 1027 (1975) (Brennan, J., dissenting); Wells v. Missouri, 419 U. S. 1075 (1974) (Brennan, J., dissenting); Moton v. Swenson, 417 U. S. 957 (1974) (Brennan, J., dissenting); Tijerina v. New Mexico, 417 U. S. 956 (1974) (Brennan, J., dissenting); Ciuzio v. United States, 416 U. S. 995 (1974) (Brennan, J., dissenting); Harris v. Washington, 404 U. S. 55, 57 (1971) (concurring statement); Waller v. Florida, 397 U. S. 387, 395 (1970) (Brennan, J., concurring). See also People v. White, 390 Mich. 245, 212 N. W. 2d 222 (1973); State v. Brown, 262 Ore. 442, 497 P. 2d 1191 (1972); Commonwealth v. Campana, 452 Pa. 233, 304 A. 2d 432, vacated and remanded, 414 U. S. 808 (1973), adhered to on remand, 455 Pa. 622, 314 A. 2d 854 (1974); State v. Gregory, 66 N. J. 510, 333 A. 2d 257 (1975).

      Because the Court of Appeals held that “the double jeopardy clause is not applicable in this case,” it declined to consider petitioner’s “contention that by pleading guilty he did not waive his right to claim dismissal by reason of double jeopardy.” App. to Pet. for Cert. A-3. The case therefore should be remanded to permit the Court of Appeals to consider this contention.


text:
    No. 81-6323.
    Gaines v. Illinois.
   Sup. Ct. Ill. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 80-6701.
    No. 81-1369.
    No. 81-6224.
    No. 81-6278.
    No. 81-6282.
    No. 81-6297.
    Ross v. Reed et al., Schwanecke et al. v. Harris County Hospital District, Godfrey v. Georiga, Hartford v. Arizona, Hejl v. Texas et al., McColpin v. Eikelbloom et al.,
   ante, p. 921;

455 U. S. 1019;

ante, p. 919;

ante, p. 933;

ante, p. 933; and

ante, p. 947. Petitions for rehearing denied.


text:
    No. 80-1430.
    Engle, Correctional Superintendent v. Isaac; Perini, Correctional Superintendent v. Bell; and Engle, Correctional Superintendent v. Hughes,
   ante, p. 107. Petitions of Howard Hughes and Lincoln Isaac for rehearing denied.


text:
    No. 80-1595.
    United States v. Frady,
   ante, p. 152. Petition for rehearing denied.

The Chief Justice and Justice Marshall took no part in the consideration or decision of this petition.


text:
    May 26, 1982
    No. 81-1864.
    Community Communications Co., Inc. v. City of Boulder, Colorado, et al.
   C. A. 10th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    June 1, 1982
    No. 81-837.
    City of Indianola, Mississippi, et al. v. Dotson et al.
   Affirmed on appeal from D. C. N. D. Miss.


text:
    No. 81-1856.
    Sumter County School District et al. v. Edge et al.
   Affirmed on appeal from D. C. M. D. Ga.


text:
    No. 81-1529.
    Bilofsky et al. v. Deukmejian, Attorney General of California, et al.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question. Justice Brennan and Justice White would note probable jurisdiction and set case for oral argument.


text:
    No. 81-1829.
    Kraft, Inc. v. Florida Department of Citrus.
   Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.


text:
    No. 81-1862.
    Williams et al. v. Smith et al.
   Appeal from Ct. App. Ohio, Wood County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.