author: Justice Rehnquist,

text:
    No. 80-137.
    Department of Transportation and Development of Louisiana v. Beaird-Poulan, Inc.
   C. A. 5th Cir. Certiorari denied.

Justice Rehnquist,

dissenting.

More than half a century ago, this Court observed that “[t]he settled policy of Congress, in authorizing the taking of land and appurtenances, has been to limit the right to compensation to interests in the land taken.” Mitchell v. United States, 267 U. S. 341, 346 (1925). In 1970, however, Congress enacted the Uniform Relocation Assistance and Real Property Acquisition Policies Act, wherein it declared its purpose to “establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole.” 84 Stat. 1895, 42 U. S. C. § 4621. The substantive provisions of the Act provide for actual reasonable expenses in moving the condemnee, his business, his family, his farm, or other personal property, and actual reasonable expenses in searching for a replacement business or farm. The only substantive provisions of the Act dealing with state condemnations in general are carefully treated in 42 U. S. C. §§ 4627 and 4630, which forbid the head of a "Federal agency” to approve a "grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project . . . unless he receives satisfactory assurances from such State agency” that fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a federal agency under the earlier sections of the Act.

We may expect frequent interaction between the Federal and State Governments such as is contemplated by the Act, and the fact that this case raises serious questions under the Act concerning federal jurisdiction would lead me to grant certiorari.

Beaird-Poulan, a corporation engaged in the manufacture of chain saws, owned a 16.5-acre tract of land in Louisiana. It operated plant facilities on the front portion of this tract, while the rest consisted of unimproved timberland not used for business purposes in any way. In May 1971 the Louisiana Department of Transportation and Development (DOTD) expropriated a 3-acre section of the unused portion of the tract for construction of Interstate 220, a federally assisted highway project. Beaird-Poulan moved some of its facilities to a new plant location after the expropriation, and filed suit against DOTD and the United States Secretary of Transportation in Federal District Court to recover its moving expenses. It alleged that its action arose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U. S. C. § 4601 et seg. Pursuant to § 4630 Louisiana had enacted its own Relocation Assistance Act, La. Rev. Stat. Ann. §§38:3101-3110 (West Supp. 1980).

The United States District Court, after preliminary litigation as to the meaning of the Louisiana Constitution, ordered respondent to submit its claim to petitioner, and ordered that petitioner conduct a full, fair, and complete adversary hearing, retaining “jurisdiction of this case to review the administrative determination.” After considering respondent’s claim petitioner denied it both because the state legislation was not in effect when the claim arose, and because respondent did not qualify as a displaced person.

Beaird-Poulan did not seek either rehearing or review of the DOTD decision in state court but rather filed a motion in Federal District Court stating that it was “aggrieved by the administrative determination . . . and desires that this Court review the administrative determination.” Over DOTD’s objection the court took the case and supplemented the administrative record. The court based its jurisdiction on 28 U. S. C. § 1331 (a) (1976 ed., Supp. III), and concluded that its function was “to review [the DOTD] decision denying relocation assistance benefits.” It rejected a contention that judicial review was unavailable, concluding that Congress intended to foreclose review under a separate section covering acquisition policies, 42 U. S. C. § 4651, but not under the relocation provision, 42 U. S. C. § 4622. On the merits the court ruled that Beaird-Poulan was a displaced person and directed DOTD to determine the amount of its moving expenses. 441 F. Supp. 866. The Fifth Circuit affirmed in a one-sentence per curiam adopting the District Court opinion as its own. 616 F. 2d 255.

The District Court determined that Congress did not intend to preclude judicial review of federal relocation payment determinations under 42 U. S. C. § 4622, but it failed to note that the case before it involved a relocation payment determination made not by a federal agency, but by a state agency under state law. Nothing in the Act purports to give federal courts the power to review such determinations of state agencies. Although such silence may not preclude federal judicial review of federal agency decisions under the Administrative Procedure Act, 5 U. S. C. § 701, the APA is of course not applicable to state agencies.

The rule that applies to cases such as the present one was stated a quarter of a century ago in Chicago, R. I. & P. R. Co. v. Stude, 346 U. S. 574 (1954). The railroad, pursuant to Iowa law, condemned certain land. It appealed the local sheriff’s award of compensation to the Federal District Court, alleging diversity of citizenship and seeking to limit the award. This Court sustained a dismissal of the action: “The United States District Court . . . does not sit to review on appeal action taken administratively ... in a state proceeding. . . . The Iowa Code does not purport to authorize such an appeal, Congress has provided none by statute, and the Federal Rules of Civil Procedure make no such provision.” Id., at 581.

The District Court cited 28 U. S. C. § 1331 (a) (1976 ed., Supp. III) as the basis for its jurisdiction, but the present case does not “arise under” federal law. The proceedings before the DOTD, which the District Court purported to review, were grounded on La. Rev. Stat. Ann. § 38:3101 et seq. (West Supp. 1980). Although this state legislation is similar to the federal Act, and was enacted in response to 42 U. S. C. § 4630, it is nonetheless still a state law. Nothing in the federal Act gives displaced persons a direct cause of action against state agencies, nor does respondent cite any evidence in the legislative history suggesting that such an action was contemplated. On the contrary, the Act encourages States to make appropriate relocation payments under their own laws by conditioning the availability of federal funds on the provision of such payments. Ibid. The carrot of federal funds, not the stick of private suits, was chosen by Congress as the means of providing relocation payments to those displaced by the States for federally assisted projects.

Because the District Court assumed to the contrary, and exercised jurisdiction either to review the decision of the state agency or to entertain a direct action against the state agency, I would grant the petitioner agency’s petition for certiorari.

       It appears that such review is available after exhaustion of administrative remedies. See, e. g., Bounds v. State of Louisiana, Department of Highways, 333 So. 2d 714 (La. App.), writ refused, 338 So. 2d 295 (La. 1976).


source: Caselaw Access Project

license: Public Domain

text:
    No. 80-184.
    Illinois v. Dowdell.
   App. Ct. Ill., 3d Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-185.
    Klippan, GmbH v. Volkswagen of America, Inc.
   Sup. Ct. Alaska. Certiorari denied.

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


text:
    No. 80-224.
    Westinghouse Electric Corp. v. National Labor Relations Board et al.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 80-305.
    Alabama Dairy Commission et al. v. Delview Meadow Gold Division, Beatrice Foods Co., et al.
   Sup. Ct. Ala. Certiorari denied.

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


text:
    No. 80-337.
    Roberts v. Sears, Roebuck & Co.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 80-263.
    Ithaca College Faculty Assn., NYSUT-AFT v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.

Justice Brennan, Justice Marshall, and Justice Blackmun would grant certiorari.


text:
    No. 80-297.
    Holding v. BVA Credit Corp. et al.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 80-5248.
    Inmates, Richmond City Jail v. Winston et al.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 80-405.
    Tran Con Corp., dba Palladium v. Alcoholic Beverage Control Appeals Board (Rice, Director, Department of Alcoholic Beverage Control, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 80-308.
    Ortho Pharmaceutical Corp. v. McKenna et vir.
   C. A. 3d Cir. Certiorari denied.

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


text:
    No. 80-352.
    Kalinsky et al. v. General Dynamics Corp. et al.
   C. A. 9th Cir. Motion of California Trial Lawyers Association for leave to file a brief as amicus curiae granted. Certiorari denied.


author: Justice Brennan and Justice Marshall,

text:
    No. 80-5103.
    No. 80-5317.
    No. 80-5359.
    Downs v. Florida. Redd v. Balkcom, Warden. Davis v. Texas.
   Sup. Ct. Fla.;

Sup. Ct. Ga.; and

Ct. Crim. App. Tex. Certiorari denied. Reported below: No. 80-5359, 597 S. W. 2d 358.

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. 79-1245.
    Acavino v. United States,
   446 U. S. 951. Petition for rehearing denied.


text:
    November 5, 1980
    No. 80-5403.
    Pratt v. United States.
   C. A. 1st Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    November 7, 1980
    No. 80-5526.
    Sanders v. United States.
   C. A. 6th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    November 10, 1980
    No. 80-318.
    Exxon Corp. et al. v. City of Mentor, Ohio.
   Appeal from Ct. App. Ohio, Lake County, dismissed for want of substantial federal question.


text:
    No. 80-401.
    Rubin et ux. v. Glaser, Director, Division of Taxation, Department of the Treasury of New Jersey, et al.
   Appeal from Sup. Ct. N. J. dismissed for want of substantial federal question.


text:
    No. 80-5427.
    Roberts v. McCoy et al.
   Appeal from C. A. 5th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 80-5528.
    Conrad v. Rodino, Member of Congress, et al.
   Appeal from D. C. D. C. dismissed for want of jurisdiction.


text:
    No. 80-5529.
    Conrad v. Carter, President of the United States, et al.
   Appeal from D. C. D. C. dismissed for want of jurisdiction.


text:
    No. 80-365.
    Washington v. Fitzsimmons.
   Sup. Ct. Wash. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded to the Supreme Court of Washington to consider whether its judgment is based upon federal or state constitutional grounds, or both. See California v. Krivda, 409 U. S. 33 (1972).

Justice Brennan, Justice Stewart, Justice Marshall, and Justice Stevens dissent.


text:
    No. A-292.
    Bizzard v. United States.
   Application for bail and/or writ of habeas corpus, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-388.
    McLain v. Meier, Secretary of State of North Dakota, et al.
   Application for stay and injunctive relief, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. D-196.
    In re Disbarment of Broadwell.
   It is ordered that Paul Herbert Broadwell of Phoenix, Ariz., 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-197.
    In re Disbarment of Campbell.
   It is ordered that William H. Campbell, of Omaha, Neb., 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-201.
    In re Disbarment of Noonan.
   It is ordered that Francis Patrick Noonan, of Poolesville, Md., 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-203.
    In re Disbarment of Henderson.
   It is ordered that Alan Burton Henderson, of Towson, Md., 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-195.
    In re Disbarment of Cory.
   It is ordered that Ernest Neal Cory, Jr., of Laurel, Md., 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-198.
    In re Disbarment of Fogel.
   It is ordered that Martin Fogel, of Rockville, Md., 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-205.
    In re Disbarment of Silaski.
   It is ordered that George S. Silaski, of Kalamazoo, 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. D-206.
    In re Disbarment of Kerpelman.
   It is ordered that Leonard Jules Kerpelman, of Baltimore, Md., 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-207.
    In re Disbarment of Walsh.
   It is ordered that Bernard Walsh, Jr., of Papillion, Neb., 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. 79-880.
    Kissinger et al. v. Halperin et al.
   C. A. D. C. Cir. [Certiorari granted, 446 U. S. 951.] Motion of Bertram Zweibon et al. for leave to file a brief as amici curiae granted.

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


text:
    No. 79-1056.
    Northwest Airlines, Inc. v. Transport Workers Union of America, AFL-CIO, et al.
   C. A. D. C. Cir. [Certiorari granted, 447 U. S. 920.] Motions of International Union of Electrical, Radio & Machine Workers, AFL-CIO; Mary P. Laffey et al.; and American Federation of Labor and Congress of Industrial Organizations et al. for leave to file briefs as amici curiae granted.

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


text:
    No. 79-1404.
    No. 79-1408.
    No. 79-1414.
    No. 79-1415.
    No. 79-1489.
    Pennhurst State School and Hospital et al. v. Halderman et al; Mayor of Philadelphia et al. v. Halderman et al.; Pennsylvania Association for Retarded Citizens et al. v. Pennhurst State School and Hospital et al.; Commissioners and Mental Health/Mental Retardation Administrator for Bucks County et al. v. Halderman et al.; and Pennhurst Parents-Staff Assn. v. Halderman et al.
   C. A. 3d Cir. [Certiorari granted, 447 U. S. 904.] Motions of National Association of Retarded Citizens et al. and plaintiffs in Brewster v. Dukakis, et al., for leave to participate in oral argument as amici curiae denied.


text:
    No. 79-1734.
    Parratt et al. v. Taylor.
   C. A. 8th Cir. [Certiorari granted, ante, p. 917.] Motion of respondent for appointment of counsel granted, and it is ordered that Kevin Colleran, Esquire, of Lincoln, Neb., be appointed to serve as counsel for respondent in this case.


text:
    No. 80-419.
    Arizona v. Maricopa County Medical Society et al.
   C. A. 9th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 80-704.
    Gibbons, Trustee, et al. v. Railway Labor Executives’ Assn. et al.
   C. A. 7th Cir. Motion of petitioners to expedite consideration of the petition for writ of certiorari denied.


text:
    No. 80-5560.
    In re Corley.
   Petition for writ of habeas corpus dénied.


text:
    No. 79-2016.
    In re Intersimone.
   Motion for leave to file petition for writ of mandamus and/or prohibition denied.


text:
    No. 80-84.
    Anderson Bros. Ford et al. v. Valencia et al.
   C. A. 7th Cir. Motion of respondents for leave to proceed in forma pauperis and certiorari granted limited to Questions 1 and 2 presented by the petition.


text:
    No. 80-5116.
    Jenkins v. Brewer.
   C. A. 7th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 79-1524.
    No. 79-1535.
    No. 79-1571.
    No. 79-1719.
    Citizens Casualty Company of New York v. Slotkin et al.; McGrath v. Slotkin et al.; McGrath v. Slotkin et al.; and American Mutual Insurance Company of Boston v. Slotkin et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 614 F. 2d 301.


text:
    No. 79-6663.
    Trozzo et al. v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 79-6766.
    Warden v. Kidd, Circuit Court Clerk of Jefferson County, Missouri.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 79-6858.
    Parker v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 79-6872.
    No. 79-6873.
    Thomas v. Muskie, Secretary of State, et al.; and Thomas v. Muskie, Secretary of State, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 79-6899.
    Cason v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 80-39.
    Volz v. United States Department of Justice.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-236.
    Newman Memorial Hospital, Inc., et al. v. Hackney, Administratrix.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-262.
    Dacey v. Cotter et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-368.
    Federal Election Commission v. American Federation of Labor and Congress of Industrial Organizations.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-369.
    Avins v. White.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-371.
    Rao v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 80-374.
    Reynolds, dba Ben’s Auto Sales v. Yazzie et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-375.
    Shames v. Superior Court of the City and County of San Francisco (Shames, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 80-376.
    Burden v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 80-383.
    Adcock v. Iowa.
   Ct. App. Iowa. Certiorari denied.


text:
    No. 80-394.
    Shriver v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 80-397.
    Lee et al. v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 80-407.
    Thompson v. Turner, Assistant Director, Alabama State Highway Department.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-409.
    Thomas v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-411.
    Morseburg v. Balyon et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-424.
    Russell v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 80-432.
    City of Newark, New Jersey, et al. v. Natural Resources Council, Department of Environmental Protection of New Jersey, et al.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 80-438.
    Graydon v. Pasadena Redevelopment Agency et al. (Hahn, Inc., Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 80-445.
    Ligons v. Bechtel Power Corp.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-453.
    Roberts v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 80-457.
    Wilson v. Firestone, Secretary of State of Florida, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-460.
    Merlo et al. v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 80-540.
    Brooks v. Supreme Court of South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 80-5073.
    Clayton v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5146.
    Middlebrooks v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5150.
    Chafin v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5237.
    Ward v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 80-5304.
    Samuels v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 80-5328.
    Phipps et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5337.
    Galada v. Guillen et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5344.
    Mitchell v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5345.
    Brown v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 80-5346.
    Springfield v. Wisconsin.
   Ct. App. Wis. Certiorari denied.


text:
    No. 80-5352.
    Daniels v. Jago.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5356.
    No. 80-5357.
    Blakney v. School District of Philadelphia; and Blakney v. School District of Philadelphia.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5364.
    English v. Harris, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5366.
    Toney v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5369.
    Hicks v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 80-5372.
    Gunn v. Anderson.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5375.
    Guss v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5377.
    Williams v. Hinton.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5378.
    Babers v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5396.
    Heffner v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5401.
    Dankert v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 80-5420.
    Chow v. Southern California Permanente Medical Group.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5474.
    Deggendorf v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-5500.
    DeVincent v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-5509.
    Jewell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 79-6715.
    No. 79-6862.
    No. 79-6884.
    No. 80-5119.
    No. 80-5163.
    No. 80-5249.
    No. 80-5399.
    Culberson v. Mississippi. Stone v. Florida. Fair v. Georgia. Mulligan v. Georgia. Esquivel v. Texas. Reddix v. Mississippi. Jordan v. Arizona.
   Sup. Ct. Miss.;

Sup. Ct. Fla.;

Sup. Ct. Ga.;

Sup. Ct. Ga.;

Ct. Crim. App. Tex.;

Sup. Ct. Miss.; and

Sup. Ct. Ariz. Certiorari denied. Reported below: No. 79-6715, 379 So. 2d 499; No. 79-6862, 378 So. 2d 765; No. 79-6884, 245 Ga. 868, 268 S. E. 2d 316; No. 80-5119, 245 Ga. 266, 264 S. E. 2d 204; No. 80-5163, 595 S. W. 2d 516; No. 80-5249, 381 So. 2d 999; No. 80-5399, 126 Ariz. 283, 614 P. 2d 825.

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. 80-5523.
    Frasquillo-Zomosa v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5524.
    Coury v. United States.
   C.. A. 5th Cir. Certiorari denied.


text:
    No. 80-5527.
    Hoskins v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5534.
    Leyba v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-5535.
    Garcia-Anguiana v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-359.
    Johnson, for the use of Rossiello v. Allstate Insurance Co.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 80-502.
    Florey et al. v. Sioux Falls School District 49-5 et al.
   C. A. 8th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 79-6410.
    No. 79-6531.
    No. 79-6533.
    No. 79-6892.
    No. 80-5124.
    No. 80-5166.
    No. 80-5218.
    James v. United States, Hall v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida, Huang v. Rosen et al., Bryan v. Byrd et al., Shaw v. United States, Lillibridge, Trustee, et al. v. United States et al., Matthews v. United States,
   ante, p. 846;

ante, p. 892;

ante, p. 848;

ante, p. 868;

ante, p. 881;

ante, p. 883; and

ante, p. 883. Petitions for rehearing denied.


text:
    November 17, 1980
    No. 80-333.
    Town of Southampton v. Troyer et al.
   Affirmed on appeal from C. A. 2d Cir. For the reasons stated in his dissent in Schaumburg v. Citizens for Better Environment, 444 U. S. 620, 639 (1980), Justice Rehnquist would reverse the judgment of the Court of Appeals.


text:
    No. 80-5263.
    No. 80-5456.
    Bullwinkle v. California; and Bullwinkle v. California.
   Appeals from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question. Reported below: 105 Cal. App. 3d 82, 164 Cal. Rptr. 163.


text:
    No. 80-5440.
    Shao Fen Chin, Administrator v. St. Luke’s Hospital Center 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. 79-6745.
    No. 80-5010.
    No. 80-5266.
    Patrick v. Georgia; Hardy v. Georgia; and Thomas v. Georgia.
   Sup. Ct. Ga. Motions of petitioners for leave to proceed in forma pauperis and certiorari granted. Judgments vacated and cases remanded for further consideration in light of Godfrey v. Georgia, 446 U. S. 420 (1980).

Chief Justice Burger, Justice Blackmun, Justice Powell, and Justice Rehnquist dissent.

Reported below: No. 79-6745, 245 Ga. 417, 265 S. E. 2d 553; No. 80-5010, 245 Ga. 272, 264 S. E. 2d 209; No. 80-5266, 245 Ga. 688, 266 S. E. 2d 499.


text:
    No. 80-45.
    Johnson v. J. O. L.
   Ct. App. D. C. [Certiorari granted, ante, p. 818.] Judgment vacated and case remanded for further consideration in light of the position presently asserted by the respondent in his motion to dismiss filed October 27, 1980; the opposition filed thereto by petitioner on November 6, 1980; and the reply filed thereto by respondent on November 13, 1980.


text:
    No. A-385.
    Zobel et ux. v. Williams, Commissioner of Revenue of Alaska, et al.
   Application for stay, presented to Justice Rehnquist, and by him referred to the Court, granted. The mandate of the Supreme Court of Alaska is stayed pending the timely filing and disposition of the appeal.

Justice Rehnquist dissents.


text:
    No. D-199.
    In re Disbarment of Fischer.
   It is ordered that Charles Fischer, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-202.
    In re Disbarment of Easler.
   It is ordered that William R. Easier, of Spartanburg, S. C., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-204.
    In re Disbarment of Schlater.
   It is ordered that Donald E. Schlater, of Havertown, 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-208.
    In re Disbarment of Noren.
   It is ordered that Donald H. Noren, of Plantation, Fla., 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-209.
    In re Disbarment of Patt.
   It is ordered that Seymour Harold Patt, of Reno, Nev., 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-210.
    In re Disbarment of Burka.
   It is ordered that Leonard W. Burka, of Washington, D. C., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-211.
    In re Disbarment of Barbuto.
   It is ordered that James Vito Barbuto, of Akron, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 85,
    Orig.
    Texas v. Oklahoma.
    [For earlier order herein, see 444 U. S. 1065.]
   Motion of Texas Power & Light Co. for leave to intervene referred to the Special Master.


text:
    No. 79-1056.
    Northwest Airlines, Inc. v. Transport Workers Union of America, AFL-CIO, et al.
   C. A. D. C.

Cir. [Certiorari granted, 447 U. S. 920.] Motion .of the Solicitor General for divided argument granted.

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


text:
    No. 79-1388.
    Kirchberg v. Feenstra et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 446 U. S. 917.] Motion of NOW Legal Defense and Education Fund et al. for leave to file a brief as amici curiae granted.


text:
    No. 79-1538.
    No. 79-1596.
    Andrus, Secretary of the Interior v. Virginia Surface Mining & Reclamation Assn., Inc., et al.; and Virginia Surface Mining & Reclamation Assn., Inc., et al. v. Andrus, Secretary of the Interior.
   D. C. W. D. Va. [Probable jurisdiction noted, ante, p, 817.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 80-5116.
    Jenkins v. Brewer.
   C. A. 7th Cir. [Certiorari granted, ante, p. 981.] Motion of petitioner for appointment of counsel granted, and it is ordered that John Seelig Elson, Esquire, of Chicago, Ill., be appointed to serve as counsel for petitioner in this case.


text:
    No. 80-5385.
    In re Williams.
   Petition for writ of ha-beas corpus 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 vacate the death sentence in this case.


text:
    No. 79-1517.
    Federated Department Stores, Inc., et al. v. Moitie et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 80-348.
    H. A. Artists & Associates, Inc., et al. v. Actors’ Equity Assn. et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 79-1830.
    Heise v. Village of Pewaukee.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 79-1984.
    Strube v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 79-2009.
    Levinson v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 79-2019.
    Keller, District Attorney for Clayton Judicial Circuit, State of Georgia v. Septum, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 79-2078.
    Swartout v. Civil Service Commission of Spokane et al.
   Ct. App. Wash. Certiorari denied.


text:
    No. 80-68.
    Strouse et al. v. Carter, Judge.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 80-133.
    Levitt & Sons of Puerto Rico, Inc. v. Commercial Insurance Co.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-142.
    Hayes v. Pennsylvania et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 80-223.
    Howe et al. v. Allied Van Lines, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-256.
    Glenn v. Shipp et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-286.
    Wooters et al. v. Jornlin et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-351.
    Magnelli v. Pennsylvania et al.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 80-354.
    Dresser Industries, Inc. v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-362.
    Fausner et ux. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-380.
    Gregory et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-391.
    Akers v. Commissioner of Internal Revenue.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-421.
    Foxman et ux. v. Renison.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-425.
    Norton et al. v. Leadville Corp.
   Ct. App. Colo. Certiorari denied.


text:
    No. 80-426.
    Schwarz v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-440.
    Sikora v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-447.
    Olsen v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 80-464.
    Dickison et al. v. Goldschmidt, Secretary of Transportation, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-466.
    Soriano v. Moore et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-469.
    Speirs et al. v. Bank of Nevada et al.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 80-473.
    Southern Pacific Transportation Co. v. Evans, Temporary Administratrix, et al.
   Ct. Civ. App. Tex., 1st Sup. Jud. Dist. Certiorari denied.


text:
    No. 80-476.
    DeMarco v. Pennsylvania State Board of Medical Education and Licensure.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 80-523.
    Walsh v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-536.
    Seraphim v. Wisconsin et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 80-587.
    Stotts v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-595.
    Smith v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-600.
    Witschner v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-604.
    Walker v. Barry, Mayor of District of Columbia, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-619.
    Loney v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-626.
    Gravett v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 80-634.
    Fields et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5022.
    White v. Bloom et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-5025.
    Galada v. Tice.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5067.
    Scott et al. v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 80-5099.
    Silva v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 80-5108.
    Eveland v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 80-5142.
    Davis v. Anderson, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5162.
    Eigner v. Harris, Secretary of Health and Human Services.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5176.
    Williams v. Alabama.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 80-5190.
    Berardi v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5199.
    Carmel v. United States Parole Commission.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5200.
    Griffin v. Stephenson, Correctional Superintendent, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5253.
    Keziah v. North Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5349.
    Mauldin v. Grant et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5354.
    Welch v. Arkansas.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 80-5371.
    Noe v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 80-5380.
    Rodic v. Thistledown Racing Club et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5384.
    Woodard v. Wachovia Bank & Trust Co. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5400.
    Bember v. Connecticut.
   App. Sess., Super. Ct. Conn. Certiorari denied.


text:
    No. 80-5402.
    McQueen v. Stephenson et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5406.
    Johl v. Perkins.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 80-5407.
    Patterson v. Mercer et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5408.
    Peters v. Bank of America National Trust & Savings Assn. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5412.
    Jones v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5435.
    Larrea v. Smith, Correctional Superintendent, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5436.
    Rosenberg v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5441.
    Groft v. Huntingdon County, Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5443.
    McCray v. Burrell.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5459.
    Black v. Dalsheim, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5462.
    Benjamin v. Howard, Correctional Superintendent, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5477.
    Wheeler v. Davis, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5507.
    Artway v. Del Tufo, United States Attorney, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5508.
    Sneed v. Bresson, Acting Chief, Privacy Acts Branch, Records Management Div., U. S. Dept. of Justice, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5519.
    Dugger et al. v. Vandever et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5542.
    Mangrum v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-5543.
    Christensen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5544.
    Guerriero v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5553.
    Kaiser v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5568.
    Ledesma v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5579.
    Jackson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 79-1834.
    Coca-Cola Bottling Company of Memphis v. National Labor Relations Board et al.; and Coca-Cola Bottling Company of Memphis v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union No. 1196.
   C. A. 6th Cir. Certiorari denied.

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


author: Justice Brennan and Justice Marshall, Justice Stewart,

text:
    No. 79-6341.
    Martin v. Louisiana.
   Sup. Ct. La. 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.

Justice Stewart,

dissenting.

The Louisiana jury that imposed the death penalty upon the petitioner found two aggravating circumstances: (1) the petitioner had knowingly created a risk of death or great bodily harm to more than one person; and (2) he had committed the offense in an especially heinous, atrocious, or cruel manner. 376 So. 2d 300, 311-312. In affirming the death sentence, the Louisiana Supreme Court held that the jury had properly found the first aggravating circumstance. Id., at 312. It then reasoned that since the jury had had the power to sentence the petitioner to death on the basis of a single aggravating circumstance, there was no need for it to review the correctness of the jury’s finding of the second aggravating circumstance. Ibid.

Under the state death penalty statute, however, while the jury was permitted to impose capital punishment where it found only a single aggravating circumstance, it was not required to do so. La. Code Crim. Proc. Ann., Art. 905.3 (West Supp. 1980). The Louisiana court’s reasoning, therefore, ignores the possibility that some of the jurors may have voted for the death sentence because of the existence of the second aggravating circumstance alone, or that others may have voted for the death penalty only because of the existence of the two aggravating circumstances.

The jury’s verdict thus makes it impossible to determine whether some or all of the jurors may have relied on the existence of the second aggravating circumstance in reaching their decision to impose the sentence of death. Accordingly, I would grant the petition for certiorari, vacate the judgment of the Louisiana Supreme Court, and remand this case to that court for consideration of the validity of the jury’s finding of the second aggravating circumstance. Stromberg v. California, 283 U. S. 359, 368.


author: Justice Stevens, Justice Brennan and Justice Marshall, Justice Stewart, Justice White,

text:
    No. 79-6615.
    No. 79-6704.
    Drake v. Zant, Warden. Westbrook v. Balkcom, Warden.
   Super. Ct. Ga., Butts County; and

Sup. Ct. Ga. Certiorari denied.

Justice Stevens,

concurring.

After our decision in Godfrey v. Georgia, 446 U. S. 420, the Supreme Court of Georgia, in cases remanded by this Court for further consideration in light of Godfrey, decided to adhere to its prior position that a death penalty imposed on the basis of a plurality of aggravating circumstances, each of which has been established by proof beyond a reasonable doubt, will not be set aside simply because one of those aggravating circumstances is vulnerable. See, e. g., Hamilton v. State, 246 Ga. 264, 271 S. E. 2d 173 (1980); Brooks v. State, 246 Ga. 262, 271 S. E. 2d 172 (1980); Collins v. State, 246 Ga. 261, 271 S. E. 2d 352 (1980). Because the Georgia Supreme Court’s position is clear, and because I consider it consistent with this Court’s decisions, I think the Court has correctly decided to deny certiorari in both No. 79-6704 and No. 79-6615, even though similar cases were remanded to the Georgia Supreme Court for reconsideration immediately after we decided Godfrey.

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.

Justice Stewart,

dissenting.

I would grant the petition for certiorari in No. 79-6615, vacate the judgment insofar as it approved the imposition of the death sentence, and remand the case for reconsideration. See Martin v. Louisiana, ante, p. 998 (Stewart, J., dissenting).

I would vacate the judgment of the Supreme Court of Georgia in No. 79-6704, insofar as it left undisturbed the death penalty, and remand the case to that court for further consideration in light of Godfrey v. Georgia, 446 U. S. 420 (1980).

The sentence of death was imposed in No. 79-6704 upon the basis of the statutory aggravating circumstance involved in the Godfrey case (Ga. Code § 27-2534.1 (b)(7) (1978)), and an additional statutory aggravating circumstance. If, after Godfrey, the Supreme Court of Georgia should decide that the § (b)(7) aggravating circumstance could not constitutionally justify the death sentence, Georgia law would prohibit a further finding that the error was harmless simply because of the existence of the other aggravating circumstance. Under Georgia’s capital sentencing scheme, the trial court is the sentencing authority. Ga. Code §§ 27-2503 (b), 27-2534.1 (b) (1978). In addition, the sentencer has the power to decline to impose the death penalty even if it finds that one or more statutory aggravating circumstances are present in the case. See Fleming v. State, 240 Ga. 142, 146-147, 240 S. E. 2d 37, 40-41 (1977); Hawes v. State, 240 Ga. 327, 334-335, 240 S. E. 2d 833, 839 (1977). See also Gregg v. Georgia, 428 U. S. 153, 203. Thus, under Georgia’s capital punishment scheme, only the trial judge or jury can know and determine what to do when upon appellate review it has been concluded that a particular aggravating circumstance should not have been considered in sentencing the defendant to death.

I had thought that it was on the basis of precisely this reasoning that the Court only months ago unanimously acted as it did with respect to four cases which were, in all relevant respects, indistinguishable from this one. See Davis v. Georgia, 446 U. S. 961; Collins v. Georgia, 446 U. S. 961; Baker v. Georgia, 446 U. S. 961; Hamilton v. Georgia, 446 U. S. 961.

Justice White,

dissenting.

I dissent from the denial of certiorari in these cases. I would vacate the judgment in each case insofar as it affirmed the imposition of the death sentence and would remand for reconsideration in light of Godfrey v. Georgia, 446 U. S. 420 (1980). The judgment in each case was entered prior to our decision in Godfrey. In each case, the jury found two statutory aggravating circumstances which permit imposition of the death penalty under Georgia law, one of which was that involved in Godfrey. In each case the Georgia Supreme Court sustained both circumstances in its mandatory review of the sentence.

We have remanded such cases before, and we should do so now. This would allow the Georgia Supreme Court in the first instance to determine whether the death penalty should be sustained without regard to the validity of the Godfrey circumstance. I would not make that determination here, as the Court is apparently doing; for I do not understand the Georgia cases cited by Justice Stevens to hold either that the Georgia Supreme Court is without power to set aside a death penalty if it sustains only one of the aggravating circumstances found by the jury or that, although the court has that power, it invariably will not disturb the death penalty in such situations. Of course, the Georgia Supreme Court could avoid any such question if on remand it found sufficient grounds to sustain the Godfrey aggravating circumstance.

Nor do I believe that the Constitution requires the Georgia Supreme Court to vacate the sentences if it fails to sustain the Godfrey aggravating circumstance. The cases now before us involve only sentencing, not guilt or innocence, and there is no constitutional right to jury sentencing. The imposition of a death sentence, despite a failure to sustain all of the aggravating circumstances found by the jury, does not conflict with either Stromberg v. California, 283 U. S. 359 (1931), or Street v. New York, 394 U. S. 576 (1969). The Georgia Supreme Court has held that under Georgia law it has the power to determine whether or not a death sentence should be imposed under these circumstances. As I see it, this does not violate the United States Constitution.

      In Brooks, the Georgia Supreme Court stated:
      “Having reconsidered the facts of the present case as directed, this court now reaffirms on two, independent grounds, the appellant’s sentence of death for the murder of Carol Jeannine Galloway.
      “First, in the present case, the jury’s verdict for the death sentence was predicated, not only on Code Ann. §27-2534.1 (b)(7), but also on Code Ann. § 27-2534.1 (b) (2) (the jury found, beyond a reasonable doubt, that the murder was committed during the appellant’s commission of a rape and an armed robbery).
      “ ‘Where two or more statutory aggravating circumstances are found by the jury, the failure of one circumstance does not so taint the proceedings as to invalidate the other aggravating circumstance found and the sentence of death based thereon.’ Gates v. State, 244 Ga. 587, 599 (261 SE 2d 349) (1979).
      “Therefore, we reaffirm the appellant’s sentence of death on the ground that the jury’s finding of Code Ann. § 27-2534.1 (b) (2) was supported by legally sufficient evidence.” 246 Ga., at 263, 271 S. E. 2d, at 172-173. Justice Hill concurred only on the basis of the Gates rationale. Ibid.


text:
    No. 80-5216.
    No. 80-5335.
    No. 80-5495.
    Scott v. Florida. Jones v. Mississippi. Russell v. Texas.
   Sup. Ct. Fla.;

Sup. Ct. Miss.; and

Ct. Crim. App. Tex. Certiorari denied. Reported below: No. 80-5335, 381 So. 2d 983; No. 80-5495, 598 S. W. 2d 238.

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. 80-273.
    Hart and Miller Islands Area Environmental Group, Inc., et al. v. United States Army Corps of Engineers et al.
   C. A. 4th Cir. Motions of Sierra Club et al. and Bair Island Investments, Inc., et al. for leave to file briefs as amici curiae granted. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 80-329.
    Smith v. McCray.
   C. A. 4th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-201.
    Silver Creek Packing Co. v. Marshall, Secretary of Labor.
   C. A. 9th Cir. Motion of Nisei Farmers League for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 80-488.
    Massachusetts v. Brant.
   Sup. Jud. Ct. Mass. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-506.
    Kaplan v. Pointer et al.
   C. A. D. C. Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 80-477.
    Ad Hoc '78 et al. v. Rouse Philadelphia, Inc., et al.
   Super. Ct. Pa. Motion of American Civil Liberties Foundation of Pennsylvania for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 80-5172.
    Cole v. Stevenson, Correctional Superintendent, et al.
   C. A. 4th Cir. Certiorari denied.

Justice Brennan, Justice White, and Justice Marshall would grant certiorari.


text:
    No. 80-5350.
    Fryberg v. United States.
   C. A. 9th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 79-1530.
    No. 79-1889.
    No. 79-6458.
    No. 79-6506.
    Town v. Reno, State Attorney of the Eleventh Judicial Circuit of Florida, et al., Rivera v. Oregon State Employees Assn. et al., Johnson v. City of Birmingham, Alabama, Covino v. Morris, Warden, et al.,
   ante, p. 803;

ante, p. 803;

ante, p. 846; and

ante, p. 847. Petitions for rehearing denied.


text:
    No. 79-6585.
    No. 79-6785.
    No. 80-5016.
    No. 80-5029.
    No. 80-5082.
    No. 80-5177.
    Stevens v. Georgia, Prater v. Brown, Key v. Board of Voter Registration of Charleston County et al., Jaudon v. Secretary of Health and Human Services, Tilli v. Capabianco et al., Wade v. Franklin Stricklin Land Surveyors, Inc.,
   ante, p. 891;

ante, p. 862;

ante, p. 877;

ante, p. 878;

ante, p. 880; and

ante, p. 883. Petitions for rehearing denied.


text:
    November 25, 1980
    No. A-453.
    Missouri Kansas Texas Railroad Co. v. United States et al.
   The order heretofore entered by Justice Powell on November 21, 1980, at 7 p. m.,' is vacated and the application for stay presented to Justice Powell, and by him referred to the Court, is denied. The application, filed November 22, 1980, at 12:05 p. m., for an order enjoining the effectiveness of the merger between Burlington Northern Inc. and St. Louis-San Francisco Railroad Co., is denied. Treating the application for a temporary stay as an application for stay of the judgment of the United States Court of Appeals for the Fifth Circuit pending the timely filing and disposition of a petition for writ of certiorari, the application for stay is denied.

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


text:
    December 1, 1980
    No. 80-422.
    Temple University of the Commonwealth System of Higher Education et al. v. Pennsylvania Department of Public Welfare et al.
   Appeal from Sup. Ct. Pa. dismissed for want of substantial federal question.

Justice Brennan and Justice Blackmun would note probable jurisdiction and set case for oral argument.


text:
    No. A-409.
    Pfaff et al. v. Wells, Sheriff.
   Application for enlargement from custody pending appeal, addressed to Justice Marshall and referred to the Court, denied.

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


text:
    No. A-426.
    Cuaron et al. v. United States Court of Appeals for the Tenth Circuit et al.
   Application for stay, addressed to The Chief Justice and referred to the Court, denied.

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


text:
    No. D-171.
    In re Disbarment of Garcia.
    [For earlier order herein, see 444 U. S. 894.]
   Disbarment entered.


text:
    No. D-183.
    In re Disbarment of Barnes.
    [For earlier order herein, see 444 U. S. 1029.]
   Disbarment entered.


text:
    No. D-184.
    In re Disbarment of Cain.
    [For earlier order herein, see 444 U. S. 1042.]
   Disbarment entered.


text:
    No. D-187.
    In re Disbarment of Wolk.
    [For earlier order herein, see 446 U. S. 915.]
   Disbarment entered.


text:
    No. D-189.
    In re Disbarment of Mann.
    [For earlier order herein, see 446 U. S. 915.]
   Disbarment entered.


text:
    No. D-200.
    In re Disbarment of McMahon.
   It is ordered that Joseph R. McMahon, of Miami, Fla., 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-212.
    In re Disbarment of Gross.
   It is ordered that Nelson G. Gross, of Saddle River, 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-213.
    In re Disbarment of Halverson.
   It is ordered that John Byron Halverson, of Yorba Linda, 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. 80,
    Orig.
    Colorado v. New Mexico et al.
    [For earlier order herein, see, e. g., 441 U. S. 902.]
   The amended answer to the bill of complaint is referred to the Special Master.


text:
    No. 78-1577.
    Sears, Roebuck & Co. v. County of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. [Certiorari granted, 444 U. S. 823.] Motion of petitioner for leave to file a supplemental brief after argument granted.

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


text:
    No. 79-1429.
    American Textile Manufacturers Institute, Inc., et al. v. Marshall, Secretary of Labor, et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 817.] Motion of American Iron & Steel Institute for leave to file a brief as amicus curiae granted.


text:
    No. 79-1944.
    J. Truett Payne Co., Inc. v. Chrysler Motors Corp.
   C. A. 5th Cir. [Certiorari granted, ante, p. 819.] Motion of Vaneo Beverage, Inc., for leave to file a brief as amicus curiae granted.


text:
    No. 79-6853.
    Webb v. Webb.
   Sup. Ct. Ga. [Certiorari granted, ante, p. 819.] Motion of respondent for leave to proceed further herein in forma pauperis granted. Motion of J. Reese Franklin, Esquire, and W. S. Perry, Esquire, to withdraw as counsel for respondent granted. Motion of respondent for appointment of counsel granted, and it is ordered that Manley F. Brown, Esquire, of Macon, Ga., be appointed to serve as counsel for respondent in this case.


text:
    No. 80-11.
    No. 80-15.
    Merrion et al., dba Merrion & Bayless, et al. v. Jicarilla Apache Tribe et al.; and Amoco Production Co. et al. v. Jicarilla Apache Tribe et al.
   C. A. 10th Cir. [Certiorari granted, ante, p. 820.] Motions of Mountain States Legal Foundation, Salt River Project Agricultural Improvement and Power District et al., and Shell Oil Co. et al. for leave to file briefs as amici curiae granted. Motion of petitioners for divided argument granted. Request for additional time for oral argument denied.

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


text:
    No. 80-54.
    No. 80-5049.
    ITT Gilfillan v. Clayton; and Clayton v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 950.] Motion for appointment of counsel granted, and it is ordered that John T. McTernan, Esquire, of Los

Angeles, Cal., be appointed to serve as counsel for Clifford E. Clayton in these cases.

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


text:
    No. 80-503.
    King, Chief, Fairfax County Police Department, et al. v. Wallace et al.
   C. A. 4th Cir. Motion of respondents to consolidate this case with No. 79-6777, Steagald v. United States [certiorari granted, ante, p. 819], denied.


text:
    No. 80-532.
    Florida Department of Health and Rehabilitative Services et al. v. Florida Nursing Home Assn. et al.
   C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 80-781.
    International Union of Electrical, Radio & Machine Workers, AFL-CIO, CLC, et al. v. Westinghouse Electric Corp.
   C. A. 3d Cir. Motion of petitioners to expedite consideration of the petition for writ of certiorari denied.

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


text:
    No. 80-5574.
    In re Raines.
   Petition for writ of habeas corpus denied.


text:
    No. 80-5502.
    In re Johnson.
   Petition for writ of mandamus denied.


text:
    No. 80-738.
    In re Pennhurst Parents-Staff Assn.
   Petition for writ of mandamus and prohibition and other relief denied.

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


text:
    No. 80-251.
    Rostker, Director of Selective Service v. Goldberg et al.
   Appeal from D. C. E. D. Pa. Motion., of Stacey Acker et al. for leave to intervene denied. Probable jurisdiction noted.


text:
    No. 80-242.
    Hidalgo, Secretary of the Navy v. Nakshian.
   C. A. D. C. Cir. Certiorari granted.


text:
    No 80-493.
    United States Department of Education v. Seattle University.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 79-6806.
    Menzies v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 79-6846.
    Creach v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 80-25.
    Barry v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-50.
    McDonald v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 80-151.
    Altus Newspapers, Inc., dba Altus Times Democrat, et al. v. Akins.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 80-167.
    Wrighting v. Appellate Department, Superior Court of California, County of Alameda (California, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 80-191.
    Carlson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-221.
    International Union of Electrical, Radio & Machine Workers, AFL-CIO, et al. v. Equal Employment Opportunity Commission et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-222.
    Custer et al. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 80-226.
    Jackson v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 80-258.
    No. 80-265.
    Sekaquaptewa v. MacDonald; and MacDonald v. Sekaquaptewa.
   C. A. 9th Cir. Certiorari denied. Reported below: 619 F. 2d 801.


text:
    No. 80-277.
    Callow v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-320.
    Costello v. Board of Appeals of the Town of Concord.
   Ct. App. Mass. Certiorari denied.


text:
    No. 80-342.
    Wood Walker & Co. v. Marbury Management, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-358.
    Stricof v. Stricof.
   Ct. App. Mich. Certiorari denied.


text:
    No. 80-366.
    No. 80-549.
    Great Lakes International, Inc. v. Klutznick, Secretary of Commerce, et al.; and Jackman & Co. et al. v. Great Lakes International, Inc.
   C. A. 2d Cir. Certiorari denied. Reported below: 633 F. 2d 203.


text:
    No. 80-372.
    Mitchell v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 80-389.
    Coastal Petroleum Co. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 80-390.
    Smith v. Daws, Postmaster, Miami, Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-393.
    Walls v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-395.
    Minye v. University of Michigan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-398.
    Piambino et al. v. Sylva et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-399.
    Conforte et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-400.
    Weninger v. United States
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-412.
    Good Hope Refineries, Inc. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-423.
    Chism v. Norfolk & Western Railway Co.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 80-449.
    In re Walter Straus & Son, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-450.
    Carney et ux. v. Ahmanson Trust Co.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 80-463.
    Dominion Tool & Die Co., Inc. v. National Labor Relations Board.
   C. Á. 6th Cir. Certiorari denied.


text:
    No. 80-467.
    Holmes v. District of Columbia.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-468.
    Preces v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 80-481.
    Kalmanovitz v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-489.
    Duzac v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-491.
    Burleson v. Howard.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-501.
    Guti et al. v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 80-504.
    Laufgas v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 80-505.
    Arlinghaus, Executrix v. Ritenour et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-507.
    Rahin et ux. v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 80-508.
    Nicolette et al. v. Bloch, U. S. District Judge, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-509.
    Mongiello v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 80-512.
    Baltimore County, Maryland v. Raymond International Builders, Inc., et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 80-514.
    Local Union No. 137, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, et al. v. Frito-Lay, Inc.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-517.
    Juneau Square Corp. et al. v. First Wisconsin National Bank of Milwaukee et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-520.
    Jarvill et al. v. City of Eugene et al.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 80-522.
    First American National Bank of Nashville v. Scarboro.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-524.
    Russell et al. v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 80-525.
    Buschmann v. United New York Sandy Hook Pilots' Assn. et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 80-531.
    Schneider v. Bowes et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-534.
    Adler v. New York.
   Ct. App. N. Y. Cer-tiorari denied.


text:
    No. 80-546.
    Studiengesellschaft Kohle m.b.H., Trustee v. Eastman Kodak Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-555.
    Cota v. County of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 80-563.
    Premo Pharmaceutical Laboratories, Inc., et al. v. Eli Lilly & Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-564.
    Duplantis v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 80-579.
    Carden et ux. v. Montana.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-638.
    Seidman v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-641.
    Kalman v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-645.
    Burgin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-647.
    Pierce et al. v. NECA-IBEW Welfare Trust Fund.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-656.
    Appling County, Georgia, et al. v. Municipal Electric Authority of Georgia et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-679.
    Delgado et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-687.
    Claflin v. Claflin.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 80-696.
    American Transfer & Storage Co. v. Brown.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 80-701.
    Thompson v. United States Department of Justice, Drug Enforcement Administration.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5011.
    No. 80-5023.
    Brower v. United States; and Marino v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 617 F. 2d 76.


text:
    No. 80-5048.
    Burbank v. Warden, Illinois State Penitentiary, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5143.
    Molinario v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 80-5169.
    Brown v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 80-5171.
    Hudson v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 80-5189.
    Klimas v. Wisconsin.
   Ct. App. Wis. Certiorari denied.


text:
    No. 80-5194.
    Turner v. Young.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 80-5279.
    Price v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5305.
    Savage v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 80-5325.
    Turpin v. City of West Haven.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5394.
    Woods v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5414.
    MaGee v. United States District Court for the Northern District of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5417.
    Indorato v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-5423.
    Ponticelli v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5424.
    Smith v. Shoemaker, Chief, Adult Probation Authority, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5425.
    Faris v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5426.
    Bastian v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5430.
    Maple v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 80-5439.
    Middleton v. Nelson.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 80-5442.
    Fore v. Virginia.
   Sup. Ct. Va. Certio-rari denied.


text:
    No. 80-5444.
    Sweetwine v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 80-5446.
    Williams v. Marshall, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5448.
    Everette v. Stephenson.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5449.
    Henderson, aka Collier v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 80-5450.
    Abu-Bakr v. Rowe et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5455.
    Jones v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5458.
    Cavegn v. Minnesota.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 80-5460.
    Franklin v. Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 80-5461.
    Williams, aka Mthawabu v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 80-5464.
    Mains v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5465.
    Nickens v. White et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-5473.
    Guynn v. Jefferson et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5476.
    Gornick v. Illinois et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5479.
    Hunter v. Ellis, Judge.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 80-5480.
    Alberti v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 80-5482.
    Stokeley et al. v. Smith, Correctional Superintendent, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5487.
    Miller et al. v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5493.
    LeVasseur v. Hawaii.
   Int. Ct. App. Haw. Certiorari denied.


text:
    No. 80-5496.
    Olivencia v. Campbell et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5497.
    Thomas v. Cuyler et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5501.
    Chestnut v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 80-5505.
    Winstead v. Rogers et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5512.
    Dankert v. Clerk, Superior Court, Cobb County, Georgia, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5513.
    McNeal v. Bordenkircher, Warden.
   Sup. Ct. App. W. Ya. Certiorari denied.


text:
    No. 80-5515.
    Peterson v. Peterson.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 80-5521.
    Bradley v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 80-5532.
    Mahl v. Board of Trustees of Fire Fighters Pension and Relief Fund for the City of New Orleans.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5536.
    Heselius v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 80-5537.
    Jones v. Civiletti, Attorney General, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5539.
    Grinan v. Giegold.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 80-5541.
    Wright v. Zahradnick, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 80-5545.
    Harris v. Openhaus et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5546.
    Martinez v. Romero.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-5549.
    Andrews v. Robertson, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-5550.
    Shehadeh v. Green Hotels, Inc., et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 80-5552.
    Woodward v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-5558.
    Gardner v. Missouri.
   Ct. App. Mo., Southern Dist. Certiorari denied.


text:
    No. 80-5559.
    Breest v. Perrin, Warden.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-5583.
    Porres de Rico v. Immigration and Naturalization Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5592.
    Williams v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 80-5593.
    Uribe v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-5594.
    Pelczarski v. Southeastern Bank & Trust Co. et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 80-5607.
    Stone v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5611.
    Williams v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5614.
    Smith v. Keohane, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 80-5619.
    Reed v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5621.
    Black v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-5628.
    Crowhurst v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-5630.
    Acevedo v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-5642.
    Rada-Solano v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5649.
    Anderson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 80-5655.
    McCray v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 79-1385.
    Duval County Ranch Co., Inc., et al. v. Sparks et al., dba Sidney A. Sparks, Trustee.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 80-311.
    Arthur Andersen & Co. v. United States et al.
   C. A. 1st Cir. Certiorari denied.

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


text:
    No. 80-346.
    Virginia et al. v. United States.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 80-378.
    Chrysler Corp. v. United States Environmental Protection Agency et al.
   C. A. D. C. Cir. Cer-tiorari denied.

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


text:
    No. 79-2032.
    Starling v. Beard et al.
   C. A. 5th Cir. Certiorari denied.

Justice Stewart would grant certiorari.


text:
    No. 80-435.
    Valtek, Inc., et al. v. Control Components, Inc., et al.
   C. A. 5th Cir. Motion of Patent Law Association of Chicago for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 80-511.
    General Electric Co. v. Curtiss-Wright Corp.
   C. A. 3d Cir. Certiorari denied.

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


text:
    No. 80-554.
    Cohn et al. v. National Broadcasting Co., Inc., et al.
   Ct. App. N. Y. Certiorari denied.

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


text:
    No. 80-519.
    Nelson Oil Co., Inc. v. Shell Oil Co.
   Temp. Emerg. Ct. App. Motion of Independent Terminal Operators Association for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 80-556.
    Central Liquor Co. et al. v. United States.
   C. A. 10th Cir. Certiorari denied.

Justice White dissents from the denial of certiorari because the judgment below is in conflict with the judgments of other Courts of Appeals.

E. g., United States v. Alessi, 536 F. 2d 978 (CA2 1976), and United States v. Griffin, 617 F. 2d 1342 (CA9 1980).


text:
    No. 80-561.
    Control Data Corp. v. Potter Instrument Co.
   C. A. 4th Cir. Certiorari denied.

Justice White dissents from the denial of certiorari because the judgment below is in conflict with the judgments of other Courts of Appeals.

E. g., Martinez v. Trainor, 556 F. 2d 818, 821 (CA7 1977); Jusino v. Morales & Tio, 139 F. 2d 946 (CA1 1944); Virginia Land Co. v. Miami Shipbuilding Corp., 201 F. 2d 506 (CA5 1953).


text:
    No. 80-543.
    New York v. Howard.
   Ct. App. N. Y. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


author: Justice White,

text:
    No. 80-5134.
    Gormley v. Director, Connecticut State Department of Adult Probation, et al.
   C. A. 2d Cir. Certiorari denied.

Justice White,

dissenting.

Under Connecticut law, a person is guilty of a misdemeanor when “with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.” Conn. Gen. Stat. § 53a-183 (a) (3) (1975 rev.). Petitioner was convicted of violating this statute after she made a telephone call to a woman with whom she had some personal quarrel. Following an unsuccessful direct appeal in the state courts, petitioner brought a federal habeas corpus action arguing that under the First and Fourteenth Amendments the statute was unconstitutionally overbroad. The Court of Appeals for the Second Circuit found no constitutional infirmity. The petition for certiorari challenges that judgment.

To be sure, a State has a valid interest in protecting its citizens against unwarranted invasions of privacy. Rowan v. Post Office Department, 397 U. S. 728 (1970). See generally Note, Give Me a Home Where No Salesmen Phone: Telephone Solicitation and the First Amendment, 7 Hastings Const. L. Q. 129 (1979). This is especially true when unprotected speech, such as obscenity or threats of physical violence, is involved. But it is equally clear that a State may not pursue these interests by unduly infringing on what would otherwise be protected speech. It is therefore critical to recall that speech may be “annoying” without losing its First Amendment protection and that the Connecticut statute on its face criminalizes any telephone call that annoys and was intended to do so. It is not difficult to imagine various clearly protected telephone communications that would fall within the ban of the Connecticut statute. As such it is fairly arguable that the statute is substantially overbroad and hence unconstitutional. Lewis v. New Orleans, 415 U. S. 130 (1974); Gooding v. Wilson, 405 U. S. 518 (1972).

Beyond the obvious tension between our prior cases and the judgment below is the difference in opinion among those courts that have considered constitutional challenges to similar state statutes. Contrary to the decision reached by the Court of Appeals in this case, state appellate courts have invalidated substantially equivalent .provisions as being unconstitutionally overbroad. People v. Klick, 66 Ill. 2d 269, 362 N. E. 2d 329 (1977) (invalidating statute making it a crime for anyone who “[w]ith intent to annoy another, makes a telephone call, whether or not conversation thereby ensues”); State v. Dronso, 90 Wis. 2d 149, 279 N. W. 2d 710 (Ct. App. 1979) (same). Another court has invalidated a like statute on the grounds that it was unconstitutionally vague. State v. Blair, 287 Ore. 519, 601 P. 2d 766 (1979) (statute made it a crime to communicate by telephone “in a manner likely to cause annoyance or alarm” to the receiver). On the other hand, various state courts, like the Connecticut court in this case, have rejected overbreadth challenges to telephone harassment statutes. See, e. g., State v. Elder, 382 So. 2d 687 (Fla. 1980) (statute prohibiting a person from making a telephone call “whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number”); Constantino v. State, 243 Ga. 595, 255 S. E. 2d 710 (1979) (prohibiting repeated telephoning “for the purpose of annoying, harassing or molesting another or his family”). See generally United States v. Lampley, 573 F. 2d 783 (CA3 1978); People v. Smith, 89 Misc. 2d 789, 392 N. Y. S. 2d 968 (1977). The above cases demonstrate that the state courts are not in agreement concerning application of First Amendment principles in this area of the law.

The foregoing suggests that even if the Court is of the view that the judgment below is correct, there is sufficient reason to grant certiorari and issue a judgment to this effect. Accordingly, I dissent.

       On direct appeal in the state courts, the First Amendment argument presented here was raised in and rejected by the Appellate Session of the Superior Court, State v. Anonymous, 34 Conn. Supp. 689, 389 A. 2d 1270, appeal denied, 174 Conn. 803, 382 A. 2d 1332 (1978).

         Norwell v. Cincinnati, 414 U. S. 14 (1973); Coates v. Cincinnati, 402 U. S. 611, 615-616 (1971). See Terminiello v. Chicago, 337 U. S. 1 (1949).

       For example, the Supreme Court of Illinois found that a similar statute risked criminal prosecution for a variety of situations involving protected speech.
      “Conceivably, this section could make criminal a single telephone call made by a consumer who wishes to express his dissatisfaction over the performance of a product or service; a call by a businessman disturbed with another’s failure to perform a contractual obligation; by an irate citizen, perturbed with the state of public affairs, who desires to express his opinion to a public official; or by an individual bickering over family matters.” People v. Klick, 66 Ill. 2d 269, 274, 362 N. E. 2d 329, 331-332 (1977).

       Given that the overbreadth may be substantial, petitioner has standing to raise the First Amendment claim even if the words she used were unprotected threats of violence. Broadrick v. Oklahoma, 413 U. S. 601 (1973). Furthermore, the case was submitted to the jury under an instruction which would have permitted a conviction if petitioner was found to have made either an annoying or threatening call with the requisite intent. The general verdict did not reveal on what ground the conviction rested. Even assuming that the facts could have supported a guilty verdict based on petitioner’s unprotected speech, petitioner may have been convicted for making a merely annoying communication.


text:
    No. 80-5463.
    Martin-Trigona v. Gouletas et al.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 79-1410.
    No. 79-1704.
    No. 79-1732.
    No. 79-1737.
    No. 79-1804.
    No. 79-1815.
    No. 79-1836.
    No. 79-1863.
    No. 79-1876.
    No. 79-1902.
    No. 79-1934.
    No. 79-1961.
    No. 79-1965.
    No. 79-1992.
    No. 79-2057.
    No. 79-2058.
    No. 79-2071.
    No. 79-6610.
    No. 79-6619.
    No. 79-6650.
    Dupart et al. v. Louisiana, Grcich v. Jogoda et al., Hilton, aka Milton, et al. v. United States, Ogle v. United States, Garcia-Jaramillo v. Immigration and Naturalization Service, Salob v. Ambach, Commissioner of Education of New York, et al., Fowler et ux. v. General Development Corp., Harper et al. v. United States, Blake et ux. v. Commissioner of Internal Revenue, Rosenbaum v. Commissioner of Internal Revenue, Daniels v. Southern California Rapid Transit District et al., Bearce, Administrator, et al. v. United States, County of Los Angeles et al. v. Marshall, Secretary of Labor, et al., LaVelle v. Workers’ Compensation Appeals Board of California et al., Powell v. Nigro, Silvernail v. Washington, Scott v. United States, Priester v. Banker’s Trust of South Carolina, Administrator, et al., Aldridge v. Florida, Skidmore v. Consolidated Rail Corp. et al.,
   ante, p. 820;

ante, p. 823;

ante, p. 887;

ante, p. 825;

ante, p. 828;

ante, p. 829 ;

ante, p. 830;

ante, p. 887;

ante, p. 832;

ante, p. 833;

ante, p. 835 ;

ante, p. 837;

ante, p. 837;

ante, p. 840;

ante, p. 843;

ante, p. 843;

ante, p. 843;

ante, p. 892;

ante, p. 891; and

ante, p. 854. Petitions for rehearing denied.


text:
    No. 79-6664.
    No. 79-6681.
    No. 79-6690.
    No. 79-6711.
    No. 79-6757.
    No. 79-6772.
    No. 79-6818.
    No. 79-6826.
    No. 79-6831.
    No. 79-6861.
    No. 80-1.
    No. 80-32.
    No. 80-44.
    No. 80-163.
    No. 80-211.
    No. 80-5050.
    No. 80-5051.
    No. 80-5053.
    No. 80-5173.
    Alford v. Central Intelligence Agency, Morton v. Stynchcombe, Sheriff, et al., Rosado et al. v. Civiletti, Attorney General, et al., Thiess v. Franklin Square Hospital, Inc., et al., Rucker v. Fickas et al., Clugston et al. v. Michigan et al., Smith v. Assignment Office of Montgomery County Circuit Court et al., Prejean v. Louisiana, Hunter v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida, Maratty v. Kentucky, Green v. Bartholomew et al., Hynning v. DuFief Mortgage, Inc., et al., Dual Manufacturing & Engineering, Inc., et al. v. Burris Industries, Inc., et al., In re Chestnutt Management Corp., Johnston v. United States et al., Johns v. Nanawale Community Assn. et al., Newbold v. United States Postal Service et al., Quinones v. Texas, Clay, Administrator v. Hall et al.,
   ante, p. 854;

ante, p. 855;

ante, p. 856;

ante, p. 857;

ante, p. 860;

ante, p. 861;

ante, p. 864;

ante, p. 891;

ante, p. 865;

ante, p. 866;

ante, p. 868;

ante, p. 802;

ante, p. 870;

ante, p. 816;

ante, p. 876;

ante, p. 921;

ante, p. 878;

ante, p. 893; and

ante, p. 914. Petitions for rehearing denied.


text:
    No. 80-5220.
    DiSilvestro v. United States,
   ante, p. 903. Petition for rehearing denied.


text:
    No. 5,
    Orig.
    United States v. California,
   447 U. S. 1. Petition for rehearing denied.

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


text:
    No. 79-1396.
    No. 79-1397.
    International Business Machines Corp. v. Greyhound Computer Corp., International Business Machines Corp. v. Greyhound Computer Corp.,
   446 U. S. 929; and

446 U. S. 916. Motion for leave to file petition for rehearing denied.

Justice Marshall, Justice Blackmun, and Justice Stevens took no part in the consideration or decision of this motion.


text:
    No. 79-1722.
    Pitsenberger v. Pitsenberger,
   ante, p. 807. Motion of appellant for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.


text:
    No. 79-2044.
    National Coalition for Public Education and Religious Liberty et al. v. Hufstedler, Secretary of Education, et al.,
   ante, p. 808. Petition for rehearing denied.

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


text:
    December 5, 1980
    No. 80-559.
    Vanderwater v. Lopez.
   C. A. 7th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    December 8, 1980
    No. 80-176.
    No. 80-177.
    Dana Corp. et al. v. California et al.; and Contignitron Co. v. California et al.
   Appeals from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question. Reported below: 103 Cal. App. 3d 424, 162 Cal. Rptr. 875.


text:
    No. 80-551.
    Butcher v. Superior Court of Los Angeles County (Hennefer et al., Real Parties in Interest).
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question.


text:
    No. 80-662.
    Sullivan v. Kaiser Engineers, Inc., et al.
   Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question.


text:
    No. 80-552.
    California Manufacturers Assn. et al. v. Industrial Welfare Commission of California 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. 80-591.
    Valad Electric Heating Corp. v. Ted R. Brown & Associates, Inc., et al.
   Appeal from Sup. Ct. Utah dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certio-rari, certiorari denied.


text:
    No. 80-5451.
    Reed v. Del Chemical Corp.
   Appeal from Ct. App. Ore. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. A-397.
    No. A-404.
    Lead Industries Assn., Inc., et al. v. Marshall, Secretary of Labor, et al.; and National Association of Recycling Industries, Inc. v. Marshall, Secretary of Labor, et al.
   The requests of applicants, Lead Industries Association, Inc., and National Association of Recycling Industries, Inc., for a stay of the Occupational Safety and Health Administration’s final standard for occupational exposure to lead, 29 CFR § 1910.1025 (1979), and of the decision of the United States Court of Appeals for the District of Columbia Circuit sustaining in part and remanding in part that standard, 208 U. S. App. D. C. 60, 647 F. 2d 1189, are granted in the following respects, pending the filing and disposition of petitions for certiorari.

It is ordered the the following portions of 29 CFR § 1910.1025 (1979) are stayed:

(1) Sections 1910.1025 (e)(1), (4), (5), (6), which provide for compliance by engineering and work practice controls.

(2) Section 1910.1025 (e)(3), which governs written compliance programs, except for paragraph (F).

(3) Section 1910.1025 (f)(2)(h), which relates to the use of respirators in situations in which engineering and work practice controls are not sufficient. During the period of this stay, employers shall provide a powered, air-purifying respirator in lieu of the respirator specified in Table II of (f) (2) (i) when the physical characteristics of the employee are such that the respirators specified in Table II are inadequate for his or her protection. All other sections of the regulation that refer to paragraph (f) shall incorporate only those portions of (f) not stayed herein.

(4) Section 1910.1025 (i), governing hygiene facilities and practices, to the extent that it requires the construction of new facilities or substantial renovation of existing facilities.

(5) Sections 1910.1025 (j)(2) and (j)(3)(ii)(D) insofar as they require biological monitoring and medical examination for zinc protoporphyrin; and § 1910.1025 (j)(3)(iii), which requires a multiple physician review mechanism.

(6) Section 1910.1025 (m), dealing with signs.’

(7) Section 1910.1025 (r), startup dates, to the extent that its obligations are inconsistent with the substantive requirements of this order.

The motion to stay the application of all other sections of the standard not specifically stayed by this order is denied.

The motion to stay the judgment and order of the Court of Appeals is granted insofar as the judgment and order require action inconsistent with the stay hereby entered. Otherwise, the motion to stay the judgment and order is denied, including the motion to stay the administrative proceedings ordered by the Court of Appeals.

Justice Powell took no part in the consideration or decision of these applications.


text:
    No. A-458.
    Dawson v. Holguin et al.
   6th Jud. Dist. Ct., Grant County, N. M. Application for stay of proceedings, addressed to Justice Powell and referred to the Court, denied.


text:
    No. 79-1252.
    No. 79-1502.
    California et al. v. Sierra Club et al.; and Kern County Water Agency et al. v. Sierra Club et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 818.] Motion of the Solicitor General for additional time for oral argument and for divided argument granted, and an additional 20 minutes allotted the federal respondents for that purpose.


text:
    No. 83,
    Orig.
    Maryland et al. v. Louisiana.
   Motion of the Solicitor General and cross-motion of Louisiana for divided argument granted. Requests for additional time for oral argument granted, and a total of one hour and forty minutes allotted for oral argument. [For earlier order herein, see, e. g., ante, p. 812.]


text:
    No. 79-1890.
    No. 79-1904.
    Andrus, Secretary of the Interior, et al. v. Alaska et al.; and Kenai Peninsula Borough v. Alaska et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 818.] Motion of the Solicitor General for divided argument granted.


text:
    No. 79-1944.
    J. Truett Payne Co., Inc. v. Chrysler Motors Corp.
   C. A. 5th Cir. [Certiorari granted, ante, p. 819.] Motion of Ricky Hasbrouck et al. for leave to file a brief as amici curiae granted.


text:
    No. 79-2006.
    Barrentine et al. v. Arkansas-Best Freight System, Inc., et al.
   C. A. 8th Cir. [Certiorari granted, ante, p. 819.] Motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae granted.


text:
    No. 79-6423.
    Lassiter v. Department of Social Services of Durham County.
   Ct. App. N. C. [Certiorari granted, ante, p. 819.] Motion of North Carolina Civil Liberties Union for leave to file a brief as amicus curiae granted.


text:
    No. 79-6624.
    Rosales-Lopez v. United States.
   C. A. 9th Cir. [Certiorari granted, ante, p. 819.] Motion of the Solicitor General to permit George W. Jones, Esquire, to present oral argument pro hac vice granted.


text:
    No. 79-6853.
    Webb v. Webb.
   Sup. Ct. Ga. [Certiorari granted, ante, p. 819.] Motion of National Center on Women and Family Law, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 80-11.
    No. 80-15.
    Merrion et al., dba Merrion & Bayless, et al. v. Jicarilla Apache Tribe et al.; and Amoco Production Co. et al. v. Jicarilla Apache Tribe et al.
   C. A. 10th Cir. [Certiorari granted, ante, p. 820.] Motion of the Solicitor General for divided argument on behalf of respondents granted. Justice Stewart took no part in the consideration or decision of this motion.


text:
    No. 80-5617.
    In re Reliford.
   Petition for writ of mandamus denied.


text:
    No. 80-581.
    Commonwealth Edison Co. et al. v. Montana et al.
   Appeal from Sup. Ct. Mont. Probable jurisdiction noted. Case set for oral argument in tandem with consolidated cases No. 80-11, Merrion et al., dba Merrion & Bayless, et al. v. Jicarilla Apache Tribe et al., and No. 80-15, Amoco Production Co. et al. v. Jicarilla Apache Tribe et al., supra. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 80-264.
    Staats, Comptroller General of the United States, et al. v. Bristol Laboratories Division of Bristol-Myers Co.
   C. A. 2d Cir. Certiorari granted.

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


text:
    No. 80-590.
    Gulf Offshore Co., a division of Pool Co. v. Mobil Oil Corp. et al.
   Ct. Civ. App. Tex., 14th Sup. Jud. Dist. Certiorari granted.

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


text:
    No. 80-420.
    Flynt et al. v. Ohio.
   Sup. Ct. Ohio. Certiorari granted.


text:
    No. 80-441.
    Gulf Oil Co. et al. v. Bernard et al.
   C. A.

5th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 80-239.
    Federal Insurance Co. v. Solo Cup Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-252.
    Texas A & M University et al. v. Gay Student Services et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-331.
    Hicks et ux. v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-379.
    Johnson v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 80-404.
    United States Fidelity & Guaranty Co. v. Henderson et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-494.
    Rivcom Corp. v. Agricultural Labor Relations Board et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 80-510.
    Singh et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 80-533.
    La Corbiere v. San Diego State University et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-550.
    Honolulu Sporting Goods Co., Ltd., a division of Zale Corp. v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-558.
    No. 80-632.
    No. 80-682.
    Weingarden v. United States; Golden v. United States; and Tapert v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 625 F. 2d 111.


text:
    No. 80-560.
    San Joaquin Nisei Farmers League et al. v. Industrial Welfare Commission of California et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 80-562.
    Hatami v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 80-566.
    Chavis et al. v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 80-567.
    Perea v. Stout et al.
   Ct. App. N. M. Certiorari denied.


text:
    No. 80-572.
    Sambs v. City of Brookfield.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 80-575.
    Thompson v. National Railroad Passenger Corp. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 80-589.
    City of Manassas Park et al. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 80-621.
    Washington v. Hanton.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 80-658.
    Frey et al. v. Panza et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 80-665.
    Southland News, Inc. v. City of Springfield, Illinois, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 80-725.
    Shelton v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 80-739.
    AAA Trucking Corp. et al. v. Green et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 80-751.
    Escobedo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 80-5008.
    Simmons v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 80-5188.
    Long v. Mason, Head of Corrections.
   Ct. App. Ore. Certiorari denied.