text:
    March 21, 1988
    No. 87-1074.
    First Union National Bank of Florida et al. v. Florida Department of Revenue et al.
   Appeal

from Sup. Ct. Fla. dismissed for want of substantial federal question. Justice Blackmun would note probable jurisdiction and set case for oral argument.


source: Caselaw Access Project

license: Public Domain

text:
    No. 87-1120.
    Poudre Valley Rural Electric Assn., Inc. v. City of Greeley, Colorado, et al.
   Appeal from Sup. Ct.

Colo, dismissed for want of properly presented federal question.


text:
    No. 87-1173.
    Adirondack Chair Co., Inc. v. Commissioner of Finance of the City of New York.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of substantial federal question.


text:
    No. 87-1174.
    Sterling Bancorp v. New York City Department of Finance et al.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of substantial federal question.


text:
    No. 87-1195.
    Williams v. Lawyers Professional Responsibility Board of Minnesota.
   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.


text:
    No. 87-1275.
    Replan Development, Inc., et al. v. Department of Housing Preservation and Development of the City of New York et al.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 87-1367.
    Bomhardt v. Maryland.
   Appeal from Ct. Sp. App. Md. dismissed for want of substantial federal question.


text:
    No. 87-1266.
    Bell v. Bell.
   Appeal from Ct. App. Cal., 6th App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1320.
    Rosenbaum v. Rosenbaum.
   Appeal from App. Ill., 1st Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6227.
    Prenzler v. McLaughlin, Secretary of Labor.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6259.
    Mohiuddin v. California.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6285.
    Edwards et al. v. Fisher 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. 86-1503.
    Samayoa et al. v. Chicago Board of Education et al.
   C. A. 7th Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals to consider the question of mootness.


text:
    No.---.
    Native Village of Tanama v. Alaska Department of Health and Social Services.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. A-632.
    Winslow et al. v. Williams et al.
   Sup. Ct. Colo. Application for stay, addressed to Justice Kennedy and referred to the Court, denied.


text:
    No. A-668 (87-6491).
    Pavlico v. United States.
   C. A. 4th Cir. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. D-656.
    In re Disbarment of Friedman.
   Disbarment entered. [For earlier order herein, see 484 U. S. 893.]


text:
    No. D-657.
    In re Disbarment of Rosenthal.
   Disbarment entered. [For earlier order herein, see 484 U. S. 893.]


text:
    No. D-662.
    In re Disbarment of Vavrik.
   Disbarment entered. [For earlier order herein, see 484 U. S. 941.]


text:
    No. D-664.
    In re Disbarment of Wittmaack.
   Disbarment entered. [For earlier order herein, see 484 U. S. 973.]


text:
    No. D-665.
    In re Disbarment of Enrico.
   Disbarment entered. [For earlier order herein, see 484 U. S. 973.]


text:
    No. D-667.
    In re Disbarment of Smith.
   It is ordered that Francis X. Smith, of Long Island City, 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-672.
    In re Disbarment of Cooper.
   Edward Samuel Cooper, of Los Angeles, Cal., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on January, 25, 1988 [484 U. S. 1040], is hereby discharged.


text:
    No. D-675.
    In re Disbarment of Price.
   It is ordered that Richard Douglas Price, Jr., of Peoria, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-676.
    In re Disbarment of Server.
   It is ordered that Richard E. Server, of Danville, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-677.
    In re Disbarment of Belmont.
   It is ordered that Gordon L. Belmont, of Homewood, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-678.
    In re Disbarment of Flume.
   It is ordered that Richard August Flume, Jr., of San Antonio, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-679.
    In re Disbarment of Kotsos.
   It is ordered that Petros A. Kotsos, of Glenview, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable ■within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-680.
    In re Disbarment of Malone.
   It is ordered that E. Clayton Malone, of Livingston, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show.cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-681.
    In re Disbarment of Feldman.
   It is ordered that Jeffrey Stuart Feldman, of Livingston, 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-682.
    In re Disbarment of Briscoe.
   It is ordered that John F. Briscoe, of Lakewood, 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-683.
    In re Disbarment of Kern.
   It is ordered that Walter M. D. Kern, Jr., of Ridgewood, 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.


author: Justice Blackmun,

text:
    No. 65, Orig.
    Texas v. New Mexico.
   Motion of the Special Master for allowance of interim fees and disbursements granted. Justice Stevens took no part in the consideration or decision of this motion. [For earlier order herein, see, e. g., 484 U. S. 973.]

Justice Blackmun,

dissenting.

Charles J. Meyers, formerly the dean of Stanford Law School and now a partner in the Denver branch of Gibson, Dunn & Crutcher, a large Los Angeles law firm, on July 2, 1984, was appointed by this Court, see 468 U. S. 1202, to succeed the Honorable Jean S. Breitenstein, Senior Judge of the United States Court of Appeals for the Tenth Circuit and since deceased, as Special Master in this litigation between Texas and New Mexico.

In December 1985, the successor Master filed an application for interim fees of $33,511 and for reimbursement of expenses of $702.09, a total of $34,213.09. That request was granted by the Court over three dissenting votes. See 475 U. S. 1004 (1986). Chief Justice Burger, writing for the dissenters, complained about Master Meyers’ omission of “any information .concerning the experience levels of the four attorneys for whose services he seeks to charge”; about the absence of any statement that the four even were members of the Bar; and about the lack of information as to hourly rates charged. Ibid. The Chief Justice cited his corresponding dissent to the allowance of compensation requested by this same applicant as Master in Louisiana v. Mississippi, 466 U. S. 921 (1984). He repeated his earlier observation that a Special Master’s charges, when allowed by the Court, “‘represent our assurance to the parties that the charges are reasonable and proper,’” and that this is so even where “the parties do not oppose the application.” 475 U. S., at 1004. The Chief Justice also noted: “‘I believe the public service aspect of the appointment is a factor that is not to be wholly ignored in determining the reasonableness of fees charged in a case like this.’” He stated: “The contending litigants have a right to expect this Court to exercise its independent judgment on fees rather than requiring each or both of them to challenge the amounts.” Id., at 1005.

In September 1986, this Special Master once again moved for interim fees, this time for an amount totaling $69,608.50. The Court granted that motion as well. 479 U. S. 806 (1986).

The present application for more interim fees and for reimbursement of expenses was filed January 11, 1988. Master Meyers now requests $69,661.25 in fees and $2,544.37 for expenses, a total of $72,205.62. He says that these amounts are those incurred since the interim allowance of $69,608.50 in late 1986.

The applicant attaches a computer printout to his motion. He asserts that nearly all the work during this period was performed either by him or by Diana Poole, “who has replaced Steven Crafton as my law clerk on this matter”; that clerk Crafton left the Denver office of the firm in August 1986; and that Ms. Poole assumed her duties in July 1987 and, revealingly, “expended considerable effort in the early months mastering the background of the case before commencing research on the issues arising in devising a decree.”

The Master points out once again that he is a partner in his law firm and is head of its “Natural Resources Group”; that he received his law degree from the University of Texas and his master’s and doctoral degrees from Columbia University; and that he has taught at Texas, Columbia, and Stanford, and was dean of Stanford Law School for five years. He states that Ms. Poole received her law degree in 1983 from the University of Minnesota, where she was an editor of the Law Review, and that she now is an associate (nonpartner) lawyer in his firm’s Denver office. She worked for one year as a law clerk for Judge Myron H. Bright of the United States Court of Appeals for the Eighth Circuit, and “has been in private practice for over three years.”

The Master requests compensation for his time at a “weighted average” of $275.12 per hour. He requests compensation at a “weighted average” of $181.30 per hour for the time of Ms. Poole. He says that he spent 85.25 hours on the case; that Ms. Poole spent 246.25 hours; and that small additional amounts of time were expended by former clerk Crafton and by one L. A. O’Neill, who, for all we know, may have been a paralegal and not a lawyer.

It seems apparent — indeed the Master so concedes when he describes the nature of the “early months” of her work on the case— that a substantial amount of Ms. Poole’s time was self-education as to the issues and was duplicative background work already performed by former clerk Crafton who had left the Denver office. The consequences of Crafton’s departure hardly are to be charged to these litigants. It also is difficult for me to accept the fact that in Denver, Colorado, this partner’s time is now worth $290 an hour, having been increased from $265 on November 1, 1987, and that the time of Ms. Poole is now worth $200 an hour, having been elevated from $170 beginning November 1, 1987. Ms. Poole, after all, was only four years out of law school and only three years in practice. I cannot agree that so recent a law school graduate, no matter how inherently bright she may be, of such limited experience can be said to be worth that amount in a case the retired Chief Justice described as possessing a “public service aspect.”

This Court does have a duty to the public and to the parties when it approves a Master’s request for fees. The fact that the two States which are the parties to this litigation have not lodged specific objections to the fees is of no great relevance. The States, after all, are parties and are consigned in their continuing litigation to this same Master.

I would reduce the request for interim fees from the asserted amount of $69,661.25 to $50,000 to reflect both a reasonable amount of time necessarily expended and realistic charges. I would also reduce the request for reimbursement for expenses by $240, an amount described as having been paid for secretarial overtime. There'is no explanation proffered by Master Meyers as to why this overtime was necessary. He can and should be more specific in his accounting to this Court.

I add that it seems to me that “establishment” law firms are doing themselves and the public a disservice by asserting fees of this magnitude so persistently over dissents from the Court. Public dissatisfaction with lawyers is not unknown; neither is public distrust of lawyers. A fee application of this kind tends to build that dissatisfaction and that distrust.

It is enlightening, incidentally, to compare with this application the fees recently charged by two very distinguished lawyers who served this Court as Special Masters on other similar assignments. See South Carolina v. Baker, 484 U. S. 973 (1987), and Kansas v. Colorado, ante, p. 931.

I dissent.


text:
    No. 86-495.
    K mart Corp. v. Cartier, Inc., et al.; 47th Street Photo, Inc. v. Coalition to Preserve the Integrity of American Trademarks et al.; and United States et al. v. Coalition to Preserve the Integrity of American Trademarks et al.
    No. 86-624.
    No. 86-625.
   C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1005.] Motion of Yamaha International Corp. et al. for leave to participate in oral argument as amici curiae, for divided argument, and for additional time for oral argument denied.


text:
    No. 87-283.
    Budinich v. Becton Dickinson & Co.
   C. A. 10th Cir. [Certiorari granted, 484 U. S. 895.] Motion of petitioner to direct the Clerk to file reply brief out of time denied.


text:
    No. 87-578. No. 87-602.
    Bank of Nova Scotia v. United States; and Kilpatrick et al. v. United States.
   C. A. 10th Cir. [Certiorari granted, 484 U. S. 1003.] Motion of petitioners for divided argument denied.


text:
    No. 87-620.
    Krupkin et al. v. Dow Chemical Co. et al.
   C. A. 2d Cir. Motion of respondents to expedite consideration of the petition for writ of certiorari denied.


text:
    No. 87-821.
    Pittston Coal Group et al. v. Sebben et al.; and McLaughlin, Secretary of Labor, et al. v. Sebben et al.
    No. 87-827.
   C. A. 8th Cir. [Certiorari granted, 484 U. S. 1058.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-1152.
    Public Utilities Commission of Hawaii et al. v. Hawaiian Telephone Co. Gushiken et al. v. Fujikawa.
    No. 87-1302.
   C. A. 9th Cir.; and C. A. 9th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 87-1277.
    Lockhart, Director, Arkansas Department of Correction v. Nelson.
   C. A. 8th Cir. [Certiorari granted, ante, p. 904.] Motion for appointment of counsel granted, and it is ordered that John Wesley Hall, Jr., Esq., of Little Rock, Ark., be appointed to serve as counsel for respondent in this case.


text:
    No. 87-1279.
    Morrison, Independent Counsel v. Olson et al.
   C. A. D. C. Cir. [Probable jurisdiction noted, 484 U. S. 1058.] Motions of Burton D. Linne et al. and Lawrence E. Walsh, Independent Counsel, for leave to file briefs as amici curiae granted.

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


text:
    No. 87-5468.
    Johnson v. Mississippi.
   Sup. Ct. Miss. [Certiorari granted, 484 U. S. 1003.] Motion of Mississippi Public Defenders’ Association for leave to file a brief as amicus curiae granted.


text:
    No. 87-6116.
    Penson v. Ohio.
   Ct. App. Ohio, Montgomery County. [Certiorari granted, 484 U. S. 1059.] Motion for appointment of counsel granted, and it is ordered that Gregory L. Ayers, Esq., of Columbus, Ohio, be appointed to serve as counsel for petitioner in this case.


text:
    No. 87-6320.
    MacKay v. Mercedes Benz of North America et al.
   C. A. 3d Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until April 11, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

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

dissenting.

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


text:
    No. 87-1316.
    In re Cooper, dba Larry N. Cooper the Proprietorship.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 87-717.
    First Family Mortgage Corporation of Florida v. Durham et al. Attorney General of New Jersey v. First Family Mortgage Corporation of Florida et al.
    No. 87-937.
   Appeal from Sup. Ct. N. J.; and Sup. Ct. N. J. Probable jurisdiction noted in No. 87-717. Certiorari granted in No. 87-937. Cases consolidated and a total of one hour allotted for oral argument.


text:
    No. 87-1245.
    Texas Monthly, Inc. v. Bullock, Comptroller of Public Accounts of the State of Texas, et al.
   Appeal from Ct. App. Tex., 3d Dist. Motions of Magazine Publishers of America, Inc., and American Booksellers Association, Inc., for leave to file briefs as amici curiae granted. Probable jurisdiction noted.


text:
    No. 87-56.
    Owens et al. v. Okure.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 87-154.
    DeShaney, a Minor, by his Guardian ad Litem, et al. v. Winnebago County Department of Social Services et al.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 87-163.
    United States Army Corps of Engineers et al. v. Ameron, Inc., et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 87-271.
    Harbison-Walker Refractories, a Division of Dresser Industries, Inc. v. Brieck.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 87-1043.
    United States v. Ron Pair Enterprises, Inc.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 87-1241.
    Pennsylvania v. Union Gas Co.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 87-1252.
    H. J. Inc. et al. v. Northwestern Bell Telephone Co. et al.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 86-1940.
    Sheet Metal Workers’ International Assn. et al. v. Lynn.
   C. A. 9th Cir. Certiorari granted.

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


text:
    No. 87-548.
    Trans World Airlines, Inc. v. Independent Federation of Flight Attendants.
   C. A. 8th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 87-113.
    Herceg et al. v. Hustler Magazine, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-303.
    Docutel/Olivetti Corp. et al. v. Finkel; and Finkel v. Docutel/Olivetti Corp. et al.
    No. 87-494.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-603.
    Miera et al. v. Garcia, a Minor, by her Next Friends, Garcia et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-628.
    Branch v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-671.
    Connecticut et al. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-835.
    Robinson Humphrey/American Express, Inc., et al. v. Sanders et al.; PaineWebber Group, Inc. v. Parker, as Custodian for Parker, et al.; and J. C. Bradford & Co. v. Kirkpatrick et al.
    No. 87-836.
    No. 87-932.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-860.
    Woods et al. v. Federal Home Loan Bank Board et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-902.
    Bethel Baptist Church et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-911.
    Continental Group, Inc., et al. v. McLendon et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-930.
    James D. v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-967.
    Price et al. v. Pierce, Secretary of Housing and Urban Development, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-982.
    Holley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-986.
    Breier v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1018.
    Wolf v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1039.
    Juarbe Angueira v. Arias, Director of the Public Building Authority.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-1048.
    LeMaire et al. v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1079.
    Palumbo v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1084.
    Ramey v. General Accounting Office.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1093.
    Boerenveen v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1142.
    Illinois Department of Revenue et al. v. Andras et al.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 87-1154.
    Wilson v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 87-1184.
    Curry et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1193.
    Miami Herald Publishing Co. v. Gridley, Circuit Judge of Florida, Orange County, et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-1197.
    Dugger, Secretary, Florida Department of Corrections v. Thompson.

   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-1199.
    Abacus Mortgage Investment Co. v. Sutton Place Development Co. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1203.
    Hornsby v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 87-1205.
    Fleisher v. City of Signal Hill, California, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1209.
    Brown et al. v. Alabama et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 87-1215.
    E & T Realty et al. v. Strickland et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1216.
    Arthur Young & Co. v. Burull et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1218.
    Adams et al. v. Pan American World Airways, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1220.
    Rockland Industries, Inc. v. Chumbley et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1223.
    Ger-Shep, Inc. v. United States; KLP, Inc. v. United States; McMinn’s Asphalt Co., Inc. v. United States; McMinn’s Asphalt Products, Inc. v. United States; Schell v. United States; and Sweigart v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1228.
    Pennwalt Corp. v. Durand-Wayland, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1230.
    Price, Administrator of the Estate of Price v. Scott, Executrix of the Estate of Scott.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1239.
    Bloor et al. v. Montgomery County, Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 87-1248.
    Ronek et al. v. Gallatin County, Montana.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 87-1250.
    Bicoy v. Hawaii.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 87-1253.
    Cansler v. Grove Manufacturing Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1254.
    Kilgroe v. Arabian et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1257.
    Sobony v. Tilberry.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 87-1258.
    Platsis v. E. F. Hutton & Co., Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1259.
    King v. Globe Newspaper Co. et al.
   Sup. Jud. Ct. Mass. Certiorari 'denied.


text:
    No. 87-1264.
    Hilbun v. Goldberg.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1265.
    Umansky et al. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1267.
    Mabey v. Official Committee of Equity Security Holders of A. H. Robins Co., Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1271.
    International Organization of Masters, Mates & Pilots, Pacific Maritime Region, et al. v. Andrews, Commissioner of Administration of Alaska, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1282.
    Teague et al., dba Golden Cable Co. v. B. E. & K. Communications, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1286.
    Allen-Sherman-Hoff Co., Inc., et al. v. Callowhill et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1290.
    McCorkle v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 87-1297.
    Able, a Minor Under the Age of Fourteen Years, by his Guardian ad Litem, Day v. Upjohn Co., Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1322.
    Rolleston v. Eldridge, Judge, Fulton Superior Court of Georgia.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1328.
    Tocco v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 87-1329.
    Browning v. Chevron U. S. A. Inc. et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1335.
    Braverman v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1396.
    Perry v. United States Parole Commission et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1399.
    Wade v. United States Department of Justice.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-5425.
    Roberts v. Roberts.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 87-5686.
    Hudson v. Jago, Superintendent, London Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5713.
    Simpson v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 87-5787.
    Stuart v. Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 87-5815.
    Snyder v. Kansas.
   Ct. App. Kan. Certiorari denied.


text:
    No. 87-5819.
    Ward v. McNamara, Former Director, Division of Prisons, North Carolina Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5826.
    Parham v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5833.
    Williams v. Weldon, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5880.
    McCline v. Keeney, Superintendent, Oregon State Penitentiary.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5915.
    Slaughter v. District of Columbia et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5921.
    Bettistea et al. v. Michigan..
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 87-5972.
    Ospina v. United States; and Ramos et al. v. United States.
    No. 87-6011.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5980.
    Burton v. Ohio State Adult Parole Authority.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5983.
    Watson v. Missouri et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5987.
    Gates v. San Quentin Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5990.
    Ray v. United States; and May v. United States.
    No. 87-6162.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5999.
    Cozad v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 87-6010.
    Tinsley v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-6028.
    Dryden v. Mustain et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6062.
    Stincer v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 87-6074.
    Robinson v. Amtrak Railroad Corporation et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6092.
    Rodriguez v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6110.
    Shiflet v. Lane, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6115.
    Carlin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6139.
    Hunter v. United States District Court for the Western District of Washington.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6216.
    Marrero v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6231.
    Cassell v. Mount Joy Mennonite Church et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-6232.
    Cassell v. Charles.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-6241.
    Draper v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6243.
    Deering v. Meese, Attorney General of the United States, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6244.
    Deering v. Georgia et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6250.
    Pushard v. Russell.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-6251.
    McNeil v. Lowney et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6253.
    Vigil v. Abourezk et al.
   Ct. -App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 87-6255.
    James v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6262.
    McCarthy v. Lopes, Commissioner, Connecticut Department of Correction, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6264.
    Afifi v. Hodel, Secretary of the Interior.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6265.
    Strickler v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6272.
    Lembeck v. Ashcroft et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6273.
    Felders v. Duckworth et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6274.
    Loftis v. Leeke, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6278.
    D’Amario v. Rhode Island.
   Sup. Ct. R. I. Certiorari denied.


text:
    No. 87-6283.
    Kidd v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6292.
    Smith v. Norrell et al.
   C. A. 4th Cir. Certiorari dénied.


text:
    No. 87-6294.
    Townes v. Test, Assistant Commonwealth Attorney, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6297.
    Starks v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 87-6299.
    Pearl v. Apel et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6300.
    Tatum v. Armontrout, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6301.
    Zuschlag v. Trettis et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6304.
    Yancey v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6307.
    Henderson v. Internal Revenue Service.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-6310.
    Dooley v. Duckworth.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6312.
    Brickhouse v. Long et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6314.
    Hughes v. Grant et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6316.
    Hussmann v. Zimmerman, Superintendent, State Correctional Institution and Diagnostic and Classification Center at Graterford, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6318.
    Reumayr v. Scott, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6319.
    Williams v. Arthur et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6321.
    Brewer v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-6330.
    Little v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6332.
    Flores v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 87-6334.
    Gratton v. LeCureux, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6336.
    Peters v. Trowell et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6339.
    Williams v. Zimmerman, Superintendent, State Correctional Institution and Diagnostic and Classification Center at Graterford, Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6342.
    Giles v. Wing et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6346.
    Balawajder v. Lynaugh, Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6349.
    Jones v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6358.
    Young v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6364.
    Kertesz v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6370.
    Taylor v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6376.
    Marin v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6377.
    Garcia-Nieto v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6378.
    Reigh et al. v. Schleigh et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6380.
    Matias v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-6385.
    Pendleton v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6390.
    Gallagher v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6394.
    Auriemma v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6399.
    Espinosa v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6400.
    Croom v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6408.
    Rogers v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6412.
    Jackson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6413.
    Giraldo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6428.
    Santiago v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-6429.
    Quintero-Gonzalez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6432.
    Smith v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6435.
    Kaestel v. Sargent, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6440.
    Samel v. LeCureux, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6451.
    Bartle v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6454.
    Green v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6457.
    Tumerman v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 87-6463.
    Akbar v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-789.
    Gonzales v. Secretary of the Air Force et al.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 87-1208.
    Oberg et al. v. Aetna Casualty & Surety Co. et al.
   C. A. 4th Cir. Certiorari denied.

Justice Black-mun took no part in the consideration or decision of this petition.


text:
    No. 87-915.
    Guy F. Atkinson Company of California et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-1236.
    Nasser et al. v. Federal Home Loan Bank Board et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-1280.
    Lungley v. County of Los Angeles et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-6185.
    Bright v. Shimoda et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-942.
    Speer v. Ottaway Newspapers, Inc.
   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 87-1014.
    Foltz v. Blackburn.
   C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1155.
    Dugger, Secretary, Florida Department of Offender Rehabilitation v. Marrero.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1226.
    Kemp, Warden v. Bowen.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1102.
    Schleigh et al. v. Reigh et al.
   C. A. 4th Cir. Motion of respondents Esther Reigh and Ivery Mae Simpkins to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1276.
    H-CHH Associates et al., dba Plaza Pasadena v. Citizens for Representative Government, dba Pasadena Citizens for Representative Government, et al.
   Ct. App. Cal., 2d App. Dist. Motions of Pacific Legal Foundation and International Council of Shopping Centers, Inc., et al. for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 87-1304.
    Rosee v. Commodity Futures Trading Commission et al.
   C. A. 7th Cir. Certiorari denied.

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


author: Justice White,

text:
    No. 87-1308.
    Barry, Mayor of the District of Columbia, et al. v. Grano et al.
   C. A. D. C. Cir. Certiorari denied.

Justice White,

with whom

The Chief Justice joins, dissenting.

This case presents the difficult issue whether attorney’s fees may be awarded under 42 U. S. C. § 1988 when the defendant has involuntarily acquiesced in the plaintiff’s demands — due to a preliminary injunction, for example — but the case is later mooted prior to completion of the appeal process. For the reasons given in my dissent from denial of certiorari in Kay v. David Douglas School District, 484 U. S. 1032 (1988), I would grant certiorari in this case.


author: Justice Brennan and Justice Marshall,

text:
    No. 87-6284.
    Castro v. Oklahoma. Townes v. Virginia. Smith v. Florida.
    No. 87-6295.
    No. 87-6368.
   Ct. Crim. App. Okla.; Sup. Ct. Va.; and Sup. Ct. Fla. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-6058.
    Spencer v. United States Court of Appeals for the Seventh Circuit,
   484 U. S. 1071. Petition for rehearing denied.


text:
    No. 84-1801.
    Inupiat Community of the Arctic Slope et al. v. United States et al.,
   474 U. S. 820. Motion for leave to file petition for rehearing denied.

Justice Scalia and Justice Kennedy took no part in the consideration or decision of this petition.


text:
    No. 86-595.
    United States v. Fausto, Bullard v. Northcutt et al., In re Brown, In re Arlt et ux., Rademaker v. Teachers College, Columbia University, Jones v. Butler, Warden, Jester v. Ohio, Lyons v. Department of the Army et al., Ronson v. Commissioner of Correction of New York et al., Morales v. Ohio, Zuern v. Ohio, Byrd v. Ohio, Taylor v. Henry Vogt Machine Co.,
    No. 87-809.
    No. 87-922.
    No. 87-1005.
    No. 87-5527.
    No. 87-5699.
    No. 87-5821.
    No. 87-5847.
    No. 87-5901.
    No. 87-5968.
    No. 87-5985.
    No. 87-6002.
    No. 87-6016.
   484 U. S. 439; 484 U. S. 1010; 484 U. S. 1041; 484 U. S. 1041; 484 U. S. 932; 484 U. S. 1047; 484 U. S. 1047; 484 U. S. 1029; 484 U. S. 1029; 484 U. S. 1047; 484 U. S. 1047; 484 U. S. 1037; and 484 U. S. 1046. Petitions for rehearing denied.

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


text:
    No. 87-5298.
    Finestone v. United States,
   484 U. S. 948. Motion for leave to file petition for rehearing denied.

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


text:
    March 28, 1988
    No. 87-1298.
    Beppler v. Township of Washington et al.
   Appeal from Super. Ct. N. J., App. Div., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6407.
    Danielson v. Illinois.
   Appeal from App. Ct. 111., 2d Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-1151.
    Frink et al. v. Commissioner of Internal Revenue.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Commissioner v. Bollinger, ante, p. 340.


text:
    No. 86-1152.
    George et al. v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Commissioner v. Bollinger, ante, p. 340.


text:
    No. D-658.
    In re Disbarment of Robinson.
   Disbarment entered. [For earlier order herein, see 484 U. S. 893.]


text:
    No. D-660.
    In re Disbarment of Schuler.
   Disbarment entered. [For earlier order herein, see 484 U. S. 940.]


text:
    No. D-666.
    In re Disbarment of Keehan.
   Disbarment entered. [For earlier order herein, see 484 U. S. 999.]


text:
    No. D-669.
    In re Disbarment of Wade.
   Disbarment entered. [For earlier order herein, see 484 U. S. 1039.]


text:
    No. D-684.
    In re Disbarment of Schultz.
   It is ordered that Marc G. Schultz, of North Woodmere, 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-685.
    In re Disbarment of Strauss.
   It is ordered that Stephen N. Strauss, of Selden, 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-686.
    In re Disbarment of Warren.
   It is ordered that David Warren, of Irvine, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-687.
    In re Disbarment of Nahoom.
   It is ordered that Kerry J. Nahoom, Sr., of Winter Park, 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-688.
    In re Disbarment of Magedman.
   It is ordered that Nelson Samuel Magedman, of Canoga Park, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-689.
    In re Disbarment of Trilling.
   It is ordered that Michael P. Trilling, of Gaithersburg, 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-690.
    In re Disbarment of Dorsey.
   It is ordered that Thomas Joseph Dorsey, 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. 86-492.
    Boyle, Personal Representative of the Heirs and Estate of Boyle v. United Technologies Corp.
   C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029.] Motion of Joan Tozer for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 86-957.
    Liljeberg v. Health Services Acquisition Corp.
   C. A. 5th Cir. [Certiorari granted, 480 U. S. 915.] Case restored to calendar for reargument on April 25, 1988.


text:
    No. 87-519.
    Maynard, Warden, et al. v. Cartwright.
   C. A. 10th Cir. [Certiorari granted, 484 U. S. 1003.] Motion of Roger Dale Hayes for leave to file a brief as amicus curiae granted.


text:
    No. 87-5677.
    Harris v. Reed, Warden, et al.
   C. A. 7th Cir. [Certiorari granted, ante, p. 934.] Motion for appointment of counsel granted, and it is ordered that Kimball R. Anderson, Esq., of Chicago, Ill., be appointed to serve as counsel for petitioner in this case.


author: Justice Brennan,

text:
    No. 87-6343.
    Henslee v. Sykes, Director, Department of Administrative Services.
   Sup. Ct. Ohio. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until April 18, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan,

Justice Marshall, and Justice Stevens, dissenting.

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


text:
    No. 87-6382.
    Randolph v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until April 18, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-6397.
    Guinn v. Guinn.
   Sup. Ct. Va. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until April 18, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

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

dissenting.

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


text:
    No. 87-6536.
    In re Corley.
   Petition for writ of habeas corpus denied.


text:
    No. 87-1296.
    In re Exxon Corp. et al.; and In re Spradley.
    No. 87-6359.
   Petitions for writs of mandamus denied.


text:
    No. 87-1318.
    Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University.
   Appeal from Ct. App. Cal., 6th App. Dist. Further consideration of question of jurisdiction postponed to hearing of case on the merits. Justice O’Connor took no part in the consideration or decision of this case.


text:
    No. 87-1303.
    Allegheny Pittsburgh Coal Co. v. County Commission of Webster County, West Virginia; and East Kentucky Energy Corp. et al. v. County Commission of Webster County, West Virginia.
    No. 87-1310.
   Sup. Ct. App. W. Va. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 87-6325.
    Perry v. Leeke, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 87-892.
    Arrant v. Alabama et al.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 87-1000.
    Wattawa v. Wisconsin Department of Health and Social Services-Probation.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1038.
    City of Aurora, by and Through its Mayor and City Council, et al. v. Nephew et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1062.
    Farah v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 87-1070.
    Foreign Credit Insurance Assn. v. Nu-Air Manufacturing Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1092.
    One 1984 Lincoln Mark VII Two-Door et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1159.
    CNA Financial Corp. et al. v. McLaughlin, Secretary of Labor, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1192.
    Inscoe v. Acton Corp. et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1246.
    Arizona v. Feld et al.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 87-1260.
    Johnson v. McLaughlin, Secretary of Labor.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1268.
    Worth v. Selchow & Righter Co. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1299.
    Colony Square Co. v. Prudential Insurance Company of America.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1301.
    Holland v. District Court, County of Douglas, Colorado, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1313.
    Dayton Power & Light Co. v. Ohio Civil Rights Commission et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 87-1315.
    Deasy, Personal Representative of the Estate of Deasy v. Hill.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1319.
    Esposito v. New York Times Co. et al. (three cases).
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1326.
    Dydyn v. Connecticut Department of Liquor Control.
   App. Ct. Conn. Certiorari denied.


text:
    No. 87-1333.
    Dent, Individually and on Behalf of Dent, a Minor v. City of Dallas et al.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 87-1371.
    Rivera v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 87-1395.
    Leady et vir v. United States et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1402.
    Clodfelter v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1442.
    Auidi v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5843.
    Prosdocimo v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5917.
    Simdram v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6094.
    McCoy v. Crest.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6108.
    James v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6118.
    Best v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 87-6145.
    Turner v. Lockhart, Director, Arkansas Department of Correction, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6164.
    Calicchio v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6209.
    Brown v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6277.
    Beattie v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-6326.
    Veale et al. v. Eggert.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 87-6328.
    Scott v. Garraghty, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6333.
    Roberts v. Scully, Superintendent, Green Haven Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6348.
    Crawford v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6350.
    Bilal v. Montgomery Ward & Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6351.
    Bespalchenko v. German Federal Government et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-6362.
    Holt v. Castaneda.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6369.
    Malfatto v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6373.
    Calo v. McMackin, Superintendent, Marion Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6374.
    Woodliff v. Lyles, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6375.
    Williams v. Snow, Chairman, Board of Pardons and Paroles, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6387.
    Smith v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6388.
    Whittington v. Cunnagin, Laurel County Attorney, on Behalf of Englert, et al.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 87-6392.
    Diggs v. Owens, Superintendent, Pennsylvania Department of Corrections, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6398.
    Lipsey v. Federal Deposit Insurance Corporation et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-6401.
    Love v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6402.
    Gentile v. Montefiore Hospital, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6403.
    Lay v. Ford et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6404.
    Smith v. Brigham.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 87-6409.
    Masters v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6411.
    Beam v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6442.
    Thomas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6445.
    DeVeaux v. Scully, Superintendent, Green Haven Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6452.
    Estrada v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6465.
    Agostino v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6467.
    Stamps v. Parke, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6470.
    Colon v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6474.
    Gravatt v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6483.
    Seltenrich v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6488.
    Hill v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6506.
    Mittleider, aka Wyman v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6510.
    Nigro v. Beyer, Administrator, New Jersey State Prison.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-482.
    Easter Seal Society for Crippled Children & Adults of Louisiana, Inc. v. Playboy Enterprises, Inc., et al.
   C. A. 5th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-849.
    Alabama Board of Pardons and Paroles et al. v. Ellard.
   C. A. 11th Cir. Motion of respondent for leave

to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1176.
    Don’s Porta Signs, Inc., et al. v. City of Clearwater, Florida.
   C. A. 11th Cir. Certiorari denied.

Justice White,

dissenting.

This case presents the question whether the standard of review articulated in Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485 (1984), applies to trial courts’ findings of fact in cases striking down governmental restrictions on speech as contrary to the First Amendment.

The Federal District Court held in this case that a municipal regulation effectivély banning portable signs violated the First Amendment. The court found that the regulation did not directly advance respondent’s concededly substantial interest in esthetics and that this interest could be served equally well by less intrusive measures. See Central Hudson Gas & Electric Corp. v. Public Service Comm’n of N. Y., 447 U. S. 557 (1980). The Court of Appeals for the Eleventh Circuit reversed. 829 F. 2d 1051 (1987). The appellate court interpreted our decision in Bose as mandating an independent examination of the whole record in all cases involving First Amendment claims. 829 F. 2d, at 1053-1054, n. 9. Accordingly, the court concluded that it was not bound by the “clearly erroneous” standard in reviewing whether the regulation directly advanced respondent’s esthetic goals and was more extensive than necessary. The Eleventh Circuit’s view that an independent examination of the record must be undertaken when a trial court has found a First Amendment violation, as well as when a trial court has rejected a First Amendment claim, is shared by the Fifth Circuit. See Lindsay v. San Antonio, 821 F. 2d 1103, 1107 (1987), cert. denied, 484 U. S. 1010 (1988).

Two other Circuits have concluded, however, that de novo review is required only where the trial court has rejected a First Amendment claim. See Daily Herald Co. v. Munro, 838 F. 2d 380, 383 (CA9 1988); Planned Parenthood Assn./Chicago Area v. Chicago Transit Authority, 767 F. 2d 1225, 1228-1229 (CA7 1985). These Circuits have reasoned that no special solicitude need be accorded “the government’s claim that it has been wrongly prevented from restricting speech.” Id., at 1229. Hence, if a trial court has held that the government unconstitutionally restricted speech, these Circuits will review the trial court’s findings of fact only for clear error.

I would grant certiorari to resolve this conflict among the Federal Courts of Appeals as to the standard of review to be applied to trial courts’ findings of fact in cases holding that the First Amendment has been violated.


text:
    No. 87-1340.
    City of Philadelphia v. District Council 33, American Federation of State, County & Municipal Employees, AFL-CIO, by Stout, as Trustee ad Litem, et al.
   Sup. Ct. Pa. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.


text:
    No. 87-6079.
    Freeman v. Rideout.
   C. A. 2d Cir. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 87-6113.
    Booker v. Mississippi. Harrison v. Georgia. Cohen v. Georgia. Clark v. Dugger, Secretary, Florida Department of Corrections, et al.
    No. 87-6286.
    No. 87-6340.
    No. 87-6360.
   Sup. Ct. Miss.; Sup. Ct. Ga.; Sup. Ct. Ga.; and C. A. 11th Cir. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-6072.
    Martin v. Pennsylvania Board of Law Examiners et al.,
   484 U. S. 1071. Petition for rehearing denied.


text:
    No. 86-5963.
    Taylor v. Illinois,
   484 U. S. 400. Petition for rehearing denied.

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


text:
    March 29, 1988
    No. A-741 (87-6700).
    Selvage v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.

The Chief Justice, Justice White, and Justice O’Connor would deny the application for stay and the petition for writ of certiorari.


text:
    March 30, 1988
    No. 87-1042.
    Zeringue et al. v. Louisiana Department of Transportation and Development.
   Ct. App. La., 5th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    April 4, 1988
    No. 87-609.
    Shell Oil Co. v. Director of Revenue of Missouri.
   Appeal from Sup. Ct. Mo. dismissed for want of substantial federal question.


text:
    No. 87-1212.
    Greene et al. v. Mirabel, Deputy Commissioner, New York State Division of Housing and Community Renewal, et al.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of substantial federal question.


text:
    No. 87-1345.
    Leavelle v. California.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1357.
    Angel et ux. v. Froehlich, Judge, San Diego North County Superior Court, et al.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6417.
    Reiszner v. Reiszner.
   Appeal from Sup. Ct. La. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1471.
    Franklin v. Office of Personnel Management.
   Appeal from C. A. Fed. Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

Justice Brennan, Justice Blackmun, Justice O’Connor, and Justice Scalia would affirm the judgment.


text:
    No. 87-6438.
    Manter v. Town of Fayette, Maine.
   Appeal from Sup. Jud. Ct. Me. dismissed for want of properly presented federal question.


text:
    No.---.
    Evans v. United States Court of Appeals for the Fourth Circuit.
   Motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of this Court denied.


text:
    No. D-691.
    In re Disbarment of Newhouse.
   It is ordered that Richard' Glenn Newhouse, of Fort Lauderdale, 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-692.
    In re Disbarment of Kalk.
   It is ordered that Joseph Kalk, of Beachwood, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-693.
    In re Disbarment of Goldman.
   It is ordered that Ronald Laurence Goldman, of Marina Del Rey, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-694.
    In re Disbarment of Smith.
   It is ordered that Moreland G. Smith, Jr., of Dallas, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-695.
    In re Disbarment of Baltimore.
   It is ordered that Richard L. Baltimore, Jr., 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-696.
    In re Disbarment of Hust.
   It is ordered that William J. Hust, III, 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-697.
    In re Disbarment of Reddan.
   It is ordered that John D. Reddan, of West Hempstead, 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-698.
    In re Disbarment of McCoy.
   It is ordered that Joseph R. McCoy, III, of Seaford, 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. 87-352.
    Sun Oil Co. v. Wortman et al.
   Sup. Ct. Kan. [Certiorari granted, 484 U. S. 912.] Motion of petitioner for leave to file a supplemental brief after argument granted.


text:
    No. 87-498.
    Berkovitz et al. v. United States.
   C. A. 3d Cir. [Certiorari granted, 484 U. S. 1003.] Motion of Lederle Laboratories for leave to file a brief as amicus curiae granted.


text:
    No. 87-1279.
    Morrison, Independent Counsel v. Olson et al.
   C. A. D. C. Cir. [Probable jurisdiction noted, 484 U. S. 1058.] Motion of Lawrence E. Walsh, Independent Counsel, for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied. Motion of Michael K. Deaver for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied. Joint motion for additional time for oral argument, for divided argument, and for amici curiae to participate in oral argument granted in part and denied in part. An additional 30 minutes is allotted for oral argument to be divided as follows: appellant, 30 minutes; the United States Senate as amicus curiae, 15 minutes; one counsel for appellees, 30 minutes; and the Solicitor General as amicus curiae, 15 minutes. Justice Kennedy took no part in the consideration or decision of these motions.


text:
    No. 87-1337.
    Boersma, Personal Representative of the Estates of Boersma et al. v. Karnes, Nebraska State Tax Commissioner, et al. O. N. E. Shipping, Ltd. v. Flota Mercante Grancolombiana, S. A., et al.
    No. 87-1350.
   Appeal from Sup. Ct. Neb.; and C. A. 2d Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 87-1389.
    In re Thomas.
   Petition for writ of habeas corpus and/or petition for writ of certiorari denied.


text:
    No. 87-6420.
    In re McDonald.
   Petition for writ of mandamus denied.


text:
    No. 87-1022.
    Board of Estimate of City of New York et al. v. Morris et al.; and Ponterio v. Morris et al.
    No. 87-1112.
   Appeals from C. A. 2d Cir. Probable jurisdiction noted, cases consolidated,

and a total of one hour allotted for oral argument.


text:
    No. 87-1054.
    Firestone Tire & Rubber Co. et al. v. Bruch et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 87-1055.
    Chan et al. v. Korean Air Lines, Ltd.
   C. A. D. C. Cir. Certiorari granted..


text:
    No. 87-1095.
    Director, Office of Workers’ Compensation Programs, United States Department of Labor v. Broyles et al.
   C. A. 4th Cir. Motion of respondents Charlie

Broyles and Lisa Kay Colley for leave to proceed informa pauperis granted. Certiorari granted, case consolidated with No. 87-821, Pittston Coal Group et al. v. Sebben et al. [certiorari granted, 484 U. S. 1058], and No. 87-827, McLaughlin, Secretary of Labor, et al. v. Sebben et al. [certiorari granted, 484 U. S. 1058], and a total of one hour allotted for oral argument.


text:
    No. 87-781.
    Atkinson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-943.
    City of St. Louis v. Jamison.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-985.
    Fina Oil & Chemical Co. et al. v. El Paso Natural Gas Co.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 87-992.
    McNeil v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1015.
    Monahan et al. v. Federal Trade Commission.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-1049.
    Air Florida System, Inc., et al. v. Federal Deposit Insurance Corporation.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1069.
    Arcoren v. Peters et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1077.
    Millang v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1139.
    Gagliardi v. Ziegler et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1140.
    Purcell v. Commissioner of Internal Revenue.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1157.
    Alaska Federation of Natives et al. v. Alaska Fish & Wildlife Federation & Outdoor Council, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1169.
    Bean v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1191.
    Messerlian et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1219.
    G. & T. Terminal Packaging Co., Inc., et al. v. Consolidated Rail Corporation.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1261.
    Honig, Superintendent of Public Instruction for the State of California, et al. v. Bennett, Secretary of Education.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1336.
    Bennett v. International Bank of Miami, N. A.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 87-1348.
    Chicago & North Western Transportation Co. v. Brotherhood of Maintenance of Way Employes.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1351.
    Uberoi v. University of Colorado et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1353.
    King et ux. v. Reliance Insurance Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1355.
    Hayes v. Cook, Judge, Edmonson Circuit Court, Edmonson County, Kentucky, et al.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 87-1356.
    Harkrider, Executor of the Estate of Cory, et al. v. Lafayette Bank & Trust Co. et al.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 87-1378.
    Evans v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 87-1385.
    Rampp et ux. v. Luzerne County Assessment and Valuation Board.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 87-1388.
    Atonio et al. v. Wards Cove Packing Co., Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1397.
    Pyro Mining Co. v. Smith.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1407.
    City of Philadelphia et al. v. Disabled in Action of Pennsylvania et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1411.
    New England Insurance Co. v. International Bank of Miami, N. A.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 87-1429.
    Southwestern Bell Telephone Co. v. Arkansas Public Service Commission et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1436.
    Sampson v. Weidell et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1443.
    Lonsdale et ux. v. Cagle et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1470.
    Cole et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1475.
    Anchor Estates, Inc., et al. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-5962.
    Bryant v. Marsh, Secretary of the Army.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6075.
    Conard v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6080.
    Burr v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 87-6186.
    Santistevan v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-6194.
    Alevras v. Edmiston, Superintendent, Southern State Correctional Facility, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6237.
    Cofield v. Burford et al.; and Cofield v. Hughes et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-6341.
    Chipps v. United States Department of Education et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6344.
    Jones v. Oitker et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6357.
    Benjamin v. United States Postal Service.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-6396.
    Engelhartson v. Department of Agriculture.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-6414.
    Romero v. Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 87-6415.
    Culbert v. Young.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6419.
    Marshall v. Marshall.
   Ct. App. Ga. Certiorari denied.


text:
    No. 87-6424.
    Hannivig v. Reagan, President of the United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6427.
    Peters v. McCutcheon et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6461.
    Puleio v. Vose, Deputy Commissioner, Massachusetts Department of Correction.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-6466.
    Short v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6469.
    Armijo v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6477.
    Williams v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6496.
    Parker v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6500.
    Kistner v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6507.
    Shea v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6514.
    Gonzalez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6524.
    Williams v. Burlington Northern Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6529.
    Boring et al. v. Kozakiewicz, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6530.
    Browne v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6531.
    Brice v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6542.
    Bowen v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6543.
    Esch v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6545.
    Tobias v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6547.
    Moore v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6550.
    Richards v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6551.
    Olsowy v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6552.
    Shaw v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6563.
    Ward v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6572.
    Cedar v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-993.
    Missouri v. Carpenter.
   Sup. Ct. Mo. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1010.
    Taylor v. United States.
   C. A. 9th Cir. Certiorari denied.

Justice White,

dissenting.

Petitioner’s husband was left comatose when he was disconnected from his ventilator while in a military hospital. She brought suit against the Government under the Federal Tort Claims Act for personal injury as a result of negligence, and won a judgment of $500,000 for emotional distress and loss of consortium. In a postjudgment motion, the Government argued for the first time that Cal. Civ. Code Ann. §3333.2 (West Supp. 1988) limits non-economic damages to $250,000 in this case. The District Court rejected this claim, which it noted had not been raised before or during the trial. The Ninth Circuit reversed, holding that the Government had not waived the application of the state statute by failing to plead it, and therefore the damages recovered by petitioner must be limited to $250,000. 821 F. 2d 1428 (1987).

Under the accepted interpretation of Rule 8(c) of the Federal Rules of Civil Procedure, any matter “constituting an avoidance or affirmative defense” to the matters raised in the plaintiff’s complaint must be pleaded in a timely manner or it is deemed to be waived. As a matter of California law, the state statute at issue in this case is understood to be an affirmative defense. The Ninth Circuit held, however, that this determination is not binding on a federal court because the proper characterization of the statute in this case, which was brought in federal court, is a matter of federal procedural law. The court ruled that this statute is a mere limitation of liability, rather than an avoidance or an affirmative defense. This conclusion conflicts with the decisions of two other Courts of Appeals. In Ingraham v. United States, 808 F. 2d 1075, 1078-1079 (1987), the Fifth Circuit held that an identical statutory limitation on damages recoverable in the State of Texas is an affirmative defense that is waived under the Federal Rules by failure to plead it in a timely manner. And in Jakobsen v. Massachusetts Port Authority, 520 F. 2d 810, 813 (1975), the First Circuit held that a statutory limitation on liability is an affirmative defense under Rule 8(c). Both courts also ruled that any such statute is deemed to be waived when the application of the statute is not raised during the trial but instead is raised for the first time after the trial, on appeal. I would grant certiorari to resolve this conflict among the Courts of Appeals.


text:
    No. 87-1032 (A-489).
    Texas v. Long.
   Ct. Crim. App. Tex. Application for continuance of stay, addressed to Justice O’Con-nor and referred to the Court, denied. Certiorari denied.


text:
    No. 87-1213.
    Baja Contractors, Inc., et al. v. City of Chicago et al.
   C. A. 7th Cir. Motion of respondents to disqualify counsel for petitioners denied. Certiorari denied.


text:
    No. 87-1343.
    Shimoda, Administrator, Oahu Community Correctional Center, et al. v. Akao et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-1347.
    Zimmerman, Attorney General of Pennsylvania, et al. v. Para-Professional Law Clinic et al.
   C. A. 3d Cir. Motion of respondents Jabbar, Williams, and Clifton for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1354.
    CBS Inc. et al. v. Brown & Williamson Tobacco Corp.
   C. A. 7th Cir. Motion of Capital Cities/ABC, Inc., et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 87-1430.
    Lou v. Belzberg et al.
   C. A. 9th Cir. Certiorari denied. Justice Stevens took no part in the consideration or decision of this petition.


text:
    No. 87-5920.
    Boggs v. Bair, Warden. Hill v. Florida. Sandles v. Missouri. Johnson v. Tennessee.

      No. 87-6367.
    No. 87-6416.
   Sup. Ct. Va.; Sup. Ct. Fla.; Sup. Ct. Mo.; and Sup. Ct. Tenn. Certiorari denied.

No. 87-6458.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-5891.
    Slater et ux. v. Delaware Trust Co. et al., Dean v. Georgia Department of Transportation et al., Embrey v. United States,
    No. 87-6021.
    No. 87-6081.
   484 U. S. 1069; 484 U. S. 1070; and 484 U. S. 1072. Petitions for rehearing denied.


text:
    No. 87-5757.
    Campos v. LeFevre, Superintendent, Clinton Correctional Facility, et al., Terry v. Morgan et al.,
    No. 87-5918.
   484 U. S. 1014; and 484 U. S. 1030. Petitions for rehearing denied.

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


text:
    April 5, 1988
    No. 87-1146.
    Pratt & Whitney Canada Inc. v. Rainey et al.
   C. A. 11th Cir. [Certiorari granted, ante, p. 904.] Writ of certiorari dismissed under this Court’s Rule 53.


text:
    April 6, 1988
    No. 87-1615.
    Texaco Inc. v. Pennzoil Co.
   Ct. App. Tex., 1st Dist. Motion of Thomas R. Berner et al. for leave to intervene denied.


text:
    April 7, 1988
    No. 87-1615.
    Texaco Inc. v. Pennzoil Co.
   Ct. App. Tex., 1st Dist. Certiorari dismissed under this Court’s Rule 53.


text:
    April 11, 1988
    No. 87-1285.
    Udolf v. Plan and Zoning Commission of the Town of West Hartford et al.
   Appeal from Super. Ct. Conn., Hartford/New Britain Jud. Dist., dismissed under this Court’s Rule 53.


text:
    April 13, 1988
    No. A-792 (87-6780).
    Lowenfield v. Butler, Warden.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application.

Justice Brennan,

with whom

Justice Marshall joins, dissenting.

Petitioner Leslie Lowenfield has been sentenced to death. The law of the State that is about to execute him entitles him to “raiste] at any time” the issue of his “mental incapacity to proceed” with the execution. La. Code Crim. Proc. Ann., Art. 642 (West 1981). See State v. Perry, 502 So. 2d 543, 564 (La. 1986). If there is a “reasonable ground to doubt” petitioner’s sanity, the court “shall order a mental examination,” La. Cpde Crim. Proc. Ann., Art. 643 (West 1981), and may permit “no further steps” in his punishment until he “is found to have the mental capacity to proceed,” Art. 642. In any event, state law affords petitioner the right to pre-execution review by a sanity commission if he can “show by a preponderance of evidence that he lacks the present capacity to undergo execution.” Perry, supra, at 564.

Petitioner moved for review by a sanity commission, presenting evidence that he is currently insane. The evidence consisted of a sworn affidavit by Dr. Marc L. Zimmerman, a duly licensed clinical psychologist who interviewed and tested petitioner for five hours on March 26, 1988, and concluded that “it is highly probable that Mr. Lowenfield is suffering from paranoid schizophrenia. . . . A study has found that 85% of persons who obtain the same profile as Mr. Lowenfield . . . are diagnosed as paranoid schizophrenics.” App. to Pet. for Cert. 2 (citation omitted). Dr. Zimmerman continued: “As a paranoid schizophrenic, Mr. Lowenfield’s capacity to understand the death penalty would be impaired. Indeed, my clinical interview with Mr. Lowenfield indicated that he is currently unable to understand the death penalty.” Id., at 3 (emphasis added). The State presented no evidence either to refute Dr. Zimmerman’s conclusions or to question his credentials. In the face of that unrefuted evidence, the Louisiana trial court, and then the Louisiana Supreme Court, denied the motion without explanation.

Petitioner thereafter filed an application for habeas relief with the District Court. The District Court denied on the basis of an “extended conversation” with Dr. Zimmerman. Civ. Action No. 88-1549, p. 3 (ED La., Apr. 12, 1988). From that conversation, which the District Court conducted without any notice to petitioner’s counsel and apparently before petitioner’s application was filed, the District Court concluded that, contrary to Dr. Zimmerman’s affidavit, “petitioner has the capacity to understand the realities of the pending execution. Petitioner, though [a] paranoid schizophrenic, is apparently able to understand that the execution is going forward in accordance with law.” Ibid. A divided panel of the Court of Appeals affirmed in an opinion that reached this chambers a mere 15 minutes before the scheduled execution. 843 F. 2d 183 (CA5 1988).

Every court that has considered petitioner’s insanity claim has made a mockery of this Court’s precedent and of the most fundamental principles of ordered justice. In Ford v. Wainwright, 477 U. S. 399, 409-410 (1986), we held that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.” In the course of the opinion, we characterized any such execution as “‘savage and inhuman,’” id., at 406 (citation omitted); “ ‘a miserable spectacle, both against Law, and of extream inhumanity and cruelty,’” id., at 407 (citation omitted); “‘cruel and inhumane,’” id., at 408, n. 1 (citation omitted); and “abhorren[t],” id., at 409.

A majority of this Court did not agree on the precise procedures that the Constitution requires when the question is raised of a prisoner’s sanity for execution. A majority did, however, hold that due process demands a hearing at least once the prisoner has made some “threshold showing” that he has become insane since his trial. Id., at 417 (opinion of Marshall, J., joined by Brennan, Blackmun, and Stevens, JJ.); id., at 426 (Powell, J., concurring in part and concurring in judgment). Justice Powell, providing a fifth vote for that proposition, stated that “[t]he State . . . may properly presume that petitioner remains sane at the time sentence is to be carried out, and may require a substantial threshold showing of insanity merely to trigger the hearing process.” Ibid, (footnote omitted). See also id., at 429-430 (O’Connor, J., joined by White, J., concurring in result in part and dissenting in part) (where state law prohibits execution of the insane, the State must provide a hearing).

The Louisiana Legislature has set the requisite “threshold showing” at that level of evidence that would constitute a “reasonable ground to doubt” the prisoner’s sanity. La. Code Crim. Proc. Ann., Art. 643 (West 1981). It is beyond me why Dr. Zimmerman’s unrefuted affidavit did not meet that threshold. For that matter, I am at a loss to explain why the affidavit, which was the sole evidence before the courts, did not establish petitioner’s insanity by a preponderance of the evidence, entitling petitioner not merely to a hearing but to the relief he seeks. Neither state court furnished any explanation. In fact, neither court so much as articulated the standard it was applying. For all we know, the state courts defaulted entirely on their obligation to consider petitioner’s claim. The Louisiana courts, by declining to provide any explanation for their denial of relief, as a practical matter have required petitioner to meet not “a substantial threshold showing of insanity” but an insurmountable one. The effect extends far beyond this case, for the state courts have challenged all death-row inmates to a harrowing game of Russian roulette, in which each must take a wild guess at the “threshold” or suffer the consequences. Where, as here, there is no way to discern whether the state courts’ “fact-finding procedure . . . was not adequate for reaching reasonably correct results,” Townsend v. Sain, 372 U. S. 293, 316 (1963), their bare denial of relief is entitled to no presumption of correctness. See 28 U. S. C. § 2254(d).

Even more outrageous was the injustice perpetrated by the federal courts to which petitioner resorted upon the state courts’ default of their constitutional responsibilities. The District Court expressly adopted Dr. Zimmerman’s conclusion that petitioner was a “paranoid schizophrenic.” Civ. Action No. 88-1549, supra, at 3. That conclusion should have compelled the District Court, at the very least, to “receive evidence and argument from [petitioner’s] counsel” on whether petitioner is “aware that his death is approaching” and “perceives the connection between his crime and his punishment.” Ford, supra, at 427, 422 (opinion of Powell, J.). Instead, the District Court excluded counsel entirely and conducted its own ex parte investigation in which it managed to extract from Dr. Zimmerman a concession (“Petitioner ... is apparently able to understand that the execution is going forward in accordance with law,” Civ. Action No. 88-1549, supra, at 3) that contradicted his sworn affidavit dated three days earlier (“[H]e is currently unable to understand the death penalty,” App. to Pet. for'Cert. 3). The District Court’s consideration of petitioner’s insanity claim fell far short of the de novo review that it was obliged to provide upon the state courts’ default. See Ford, 477 U. S., at 418. Instead, its review was functionally equivalent to the “‘policy of excluding all advocacy on the part of the condemned,’” which we have held unconstitutional. Id., at 412-413 (citations omitted).

Worse yet, petitioner alleges — and the State does not deny— that the District Court conducted its ex parte investigation before it even had jurisdiction over the case; as Judge Johnson, dissenting from the Court of Appeals’ judgment, observed, “the district court failed to make any finding on the record.” 843 F. 2d, at 188. “Procedural shortcuts are always dangerous. Greater— surely not lesser — care should be taken to avoid the risk of error when its consequences are irreversible.” Autry v. Estelle, 464 U. S. 1, 6 (1983) (footnote omitted).

The Court of Appeals, for its part, compounded the District Court’s abuse by ignoring it entirely and proceeding to address the sufficiency of Dr. Zimmerman’s affidavit as an original matter, without a proper District Court predicate. Even that determination hopelessly conflated the principles articulated in Ford. From Justice Powell’s observation that the “State . . . may require a substantial threshold showing of insanity merely to trigger the hearing process,” Ford, supra, at 426 (emphasis added), the Court of Appeals supposed that the State must do so, see 843 F. 2d, at 187 (“[Petitioner has not made a substantial threshold showing”), and overlooked the State’s decision to require merely a showing of a “reasonable ground to doubt” in order to trigger further examination.

The abuses and mistakes in every court that has considered this case are no doubt attributable, at least in part, to the haste with which they proceeded:

1. On the afternoon of April 11, petitioner filed in Louisiana state court a petition for postconviction relief raising the claims that are now before us.
2. Later that afternoon the state trial court denied relief.
3. At 6 p.m. (eastern daylight time) the next day, April 12, the Louisiana Supreme Court denied relief and petitioner applied to the District Court for a writ of habeas corpus. 843 F. 2d, at 184-185.
4. At 8:30 p.m. the District Court denied petitioner’s application. Id., at 185.
5. At 12:10 a.m. that same night the Court of Appeals affirmed.
6. At 12:45 a.m. (15 minutes before the scheduled execution) the Court of Appeals’ opinions were circulated to this Court.
7. At 1:05 a.m., with petitioner already strapped in the electric chair, this Court denied his application for a stay of execution.
8. At 1:25 a.m. petitioner was pronounced dead. N. Y. Times, Apr. 14, 1988, p. A28, col. 1. Time ran out before we voted on the certiorari petition that accompanied petitioner’s stay application.

The haste that attended disposition of this case is reprehensible. It is hardly surprising that a case scudding through the state courts in 24 hours should yield orders devoid of law or logic — the ones in this ease simply read, “DENIED” — for which the description “terse” would be charitable. If the federal courts are intent on accelerating the pace at any cost, as they were in this case, their only choice is to take procedural shortcuts and give short shrift to substance. And simple arithmetic suggests grave injustice when the Court of last resort takes 15 minutes to read and analyze 17 pages of opinions from the court below and cast a vote on fife or death.

Due process means little if it requires the courts to provide an “opportunity to be heard,” Grannis v. Ordean, 234 U. S. 385, 394 (1914), without imposing on them a concomitant duty to listen— and, at least when a life is at stake, to listen very carefully. Presumably, it was in recognition of the injustice that four of us (one less than the requisite five) voted to stay petitioner’s execution, so as to consider his insanity claim in an atmosphere that was not itself lunatic.

Regrettably, this case is not atypical. It is the natural product of a penal system conducive to inaccurate factfinding and shoddy analysis. And I doubt that any system could be devised to cure the evil, so long as States continue to impose punishments so severe as to be irrevocable. Even were I not convinced that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth Amendment, see Gregg v. Georgia, 428 U. S. 153, 227 (1976) (dissenting opinion), I would have no part of a penal system that permits a State’s interest in meting out death on schedule to convert our constitutional duty to dispense justice into a license to dispense with it.

I dissent.


text:
    April 14, 1988
    No. 87-6787 (A-797).
    Clanton v. Muncy, Warden, et al.
   C. A. 4th Cir. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. 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 the application for stay of execution and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    April 18, 1988
    No. 87-1366.
    Dubish v. Kansas.
   Appeal from Ct. App. Kan. dismissed for want of jurisdiction. Treating the pápers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1400.
    Clausell et ux. v. Hobart Corp.
   Appeal from Sup. Ct. Fla. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1457.
    Hurley et al. v. West American Insurance Co. of Ohio Casualty Group et al.
   Appeal from Ct. App. Ohio, Franklin County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6485.
    Boles v. Ellis et al.
   Appeal from D. C. M. D. N. C. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1392.
    First American National Bank of Knoxville v. Taylor, Commissioner of Revenue for the State of Tennessee.
   Appeal from Sup. Ct. Tenn. dismissed for want of substantial federal question. Justice Blackmun would note probable jurisdiction and set case for oral argument.


text:
    No. 87-1435.
    Blume v. Gregersen, Chief, Bureau of Occupational Licenses, Department of Self-Governing Agencies of Idaho, et al.
   Appeal from Ct. App. Idaho dismissed for want of substantial federal question.


text:
    No. 87-6444.
    Nunley v. Oklahoma.
   Appeal from Ct. Crim. App. Okla. dismissed for want of jurisdiction.


text:
    No.---.
    Eisen v. Sackman-Gilliland Corp.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. A-738.
    Rapp v. United States.
   Application for bail, addressed to Justice White and referred to the Court, denied.


text:
    No. A-788.
    Hastings, Judge, United States District Court for the Southern District of Florida v. Committee on the Judiciary of the United States House of Representatives et al.
   C. A. 11th Cir. Application to continue the stay of mandate, presented to Justice Kennedy, and by him referred to the Court, denied.

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


text:
    No. D-668.
    In re Disbarment of Rubino.
   Disbarment entered. [For earlier order herein, see 484 U. S. 1039.]


text:
    No. D-670.
    In re Disbarment of Lewis.
   Disbarment entered. [For earlier order herein, see 484 U. S. 1040.]


text:
    No. D-673.
    In re Disbarment of Simon.
   Disbarment entered. [For earlier order herein, see 484 U. S. 1040.]


text:
    No. D-674.
    In re Disbarment of Dozoryst.
   Nicholas George Dozoryst II, of Chicago, 111., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on January 25, 1988 [484 U. S. 1040], is hereby discharged.


text:
    No. D-693.
    In re Disbarment of Goldman.
   Due to mistaken identity, the order entered April 4, 1988 [ante, p. 984], suspending Ronald Laurence Goldman, of Marina Del Rey, Cal., from the practice of law in this Court is vacated and the rule to show cause issued on that date is discharged.


text:
    No. D-699.
    In re Disbarment of Hopkins.
   It is ordered that Richard J. Hopkins, of Silver Spring, 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-700.
    In re Disbarment of Culmer.
   It is ordered that Harold Churchill Culmer, 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-701.
    In re Disbarment of Meros.
   It is ordered that George Nicholas Meros, of St. Petersburg, 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.