source: Caselaw Access Project

license: Public Domain

text:
    January 15, 1982
    No. 81-1282.
    No. 81-1283.
    National Organization for Women, Inc., et al. v. Idaho et al. D. C. Idaho; and National Organization for Women, Inc., et al. v. Idaho et al.
   C. A. 9th Cir. The parties are invited to file on or before Wednesday, January 20, 1982, responses to the suggestion of the Solicitor General that the Court vacate the judgment of the United States District Court for the District of Idaho on grounds of lack of ripeness, without further briefing or oral argument.


text:
    January 18, 1982
    No. 80-1575.
    No. 80-1624.
    Craig et al. v. Bickel et al.; and Larsen et al. v. Van Slooten.
   Appeals from Sup. Ct. Mich, dismissed for want of substantial federal question. Reported below: 410 Mich. 21, 299 N. W. 2d 704.


text:
    No. 81-600.
    Hernandez v. City of Lafayette, Louisiana, et al.
   Appeal from Ct. App. La., 3d Cir., dismissed for want of substantial federal question.


text:
    No. 81-961.
    Vigilant Insurance Co. v. Pitoniak.
   Appeal from Ct. App. Mich, dismissed for want of substantial federal question.


text:
    No. 81-1078.
    Geller v. Merit Systems Protection Board et al.
   Appeal from C. A. 1st Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 80-1498.
    National Labor Relations Board v. H & D, Inc.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Charles D. Bonanno Linen Service, Inc. v. NLRB, 454 U. S. 404 (1982).


text:
    No. A-570.
    Washburn v. Washburn.
   Super. Ct. D. C. Application for stay, addressed to Justice O’Con-nor and referred to the Court, denied.


text:
    No. A-583.
    Melia v. United States et al.
   C. A. 2d Cir. Application for recall and stay of mandate, presented to Justice Marshall, and by him referred to the Court, denied.


text:
    No. A-617.
    United States v. Undetermined Quantities of Articles of Drugs.
   Application for stay of the orders of the United States District Court for the Southern District of Florida, Case Nos. 80-6400-Civ-JLK and 80-6407-Civ-JLK, entered November 13, 1981, presented to Justice Powell, and by him referred to the Court, is granted pending final disposition of the appeal to the United States Court of Appeals for the Eleventh Circuit.


text:
    No. D-255.
    In re Disbarment of Holman.
   It is ordered that James R. Holman, of Tempe, Ariz., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-256.
    In re Disbarment of DeFrancis.
   It is ordered that Frank D. DeFrancis, of Dayton, 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. 80-1190.
    No. 80-1193.
    Pullman-Standard, a division of Pullman, Inc. v. Swint et al.; and United Steelworkers of America, AFL-CIO, et al. v. Swint et al.
   C. A. 5th Cir. [Certio-rari granted, 451 U. S. 906.] Motion of Pullman-Standard to reconsider order denying motion for divided argument denied.


text:
    No. 80-1832.
    No. 80-2170.
    No. 80-2171.
    Immigration and Naturalization Service v. Chadha et al. United States House of Representatives v. Immigration and Naturalization Service et al. United States Senate v. Immigration and Naturalization Service et al.
   C. A. 9th Cir. [Probable jurisdiction postponed, 454 U. S. 812];

C. A. 9th Cir. [Certiorari granted, 454 U. S. 812]; and

C. A. 9th Cir. [Certiorari granted, 454 U. S. 812.] Motions of Council on Administrative Law of the Federal Bar Association, American Bar Association, and Philip Burton et al. for leave to file briefs as amici curiae granted.


text:
    No. 80-2043.
    Board of Education, Island Trees Union Free School District No. 26, et al. v. Pico, by his next friend, Pico, et al.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 891.] Motion of American Federation of Labor and Congress of Industrial Organizations et al. for leave to file a brief as amici curiae granted.


text:
    No. 80-2147.
    Connecticut et al. v. Teal et al.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 813.] Motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae granted.


text:
    No. 80-2150.
    Finnegan et al. v. Leu et al.
   C. A. 6th Cir. [Certiorari granted, 454 U. S. 813.] Motions of American Federation of Labor and Congress of Industrial Organizations and National Labor Law Center of the National Lawyers Guild for leave to file briefs as amici curiae granted.


text:
    No. 81-31.
    No. 81-228.
    No. 81-455.
    California et al. v. Grace Brethren Church et al.; United States et al. v. Grace Brethren Church et al.; and Grace Brethren Church et al. v. United States et al.
   D. C. C. D. Cal. [Probable jurisdiction postponed, 454 U. S. 961.] Motion of the Solicitor General for divided argument granted.


text:
    No. 81-38.
    Crawford et al. v. Board of Education of the City of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. [Certiorari granted, 454 U. S. 892.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and additional time for oral argument is granted to be allotted as follows: Counsel for respondent, 20 minutes; and the Solicitor General, 15 minutes. Petitioners also allotted an additional five minutes for oral argument. Motion of the Attorney General of California for leave to participate in oral argument as amicus curiae and for additional time for oral argument denied.


text:
    No. 81-55.
    New York v. Ferber.
   Ct. App. N. Y. [Certiorari granted, 454 U. S. 1052.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 81-202.
    National Association for the Advancement of Colored People et al. v. Claiborne Hardware Co. et al.
   Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1030.] Motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae granted. Motion of petitioners for divided argument denied.

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


text:
    No. 81-244.
    Loretto v. Teleprompter Manhattan CATV Corp. et al.
   Ct. App. N. Y. [Probable jurisdiction noted, 454 U. S. 938.] Motion of the Attorney General of New York for leave to participate in oral argument as ami-cus curiae and for additional time for oral argument denied.


text:
    No. 81-280.
    No. 81-330.
    No. 81-331.
    No. 81-332.
    No. 81-333.
    General Building Contractors Assn., Inc. v. Pennsylvania et al.; United Engineers & Constructors, Inc. v. Pennsylvania et al.; Contractors Association of Eastern Pennsylvania et al. v. Pennsylvania et al.; Glasgow, Inc. v. Pennsylvania et al.; and Bechtel Power Corp. v. Pennsylvania et al.
   C. A. 3d Cir. [Certiorari granted, 454 U. S. 939.] Motion of petitioner in No. 81-280 for divided argument and for additional time for oral argument granted, and an additional 15 minutes allotted for oral argument to be divided as follows: Counsel for petitioners in Nos. 81-280 and 81-331, 20 minutes; and counsel for petitioners in Nos. 81-330, 81-332, and 81-333, 25 minutes. Respondents also allotted an additional 15 minutes for oral argument. Motion of petitioners in Nos. 81-330, 81-331, 81-332, and 81-333 for divided argument and for additional time for oral argument denied.


text:
    No. 81-349.
    Chicago Bridge & Iron Co. v. Caterpillar Tractor Co. et al.
   Sup. Ct. Ill. [Probable jurisdiction noted, 454 U. S. 1029.] Motion of Committee on State Taxation of the Council of State Chambers of Commerce for leave to participate in oral argument as amicus cuHae and for additional time for oral argument denied. Motion of Mul-tistate Tax Commission for leave to participate in oral argument as amicus curiae denied. Motion of appellees to reconsider order denying motion for additional time for oral argument denied. Justice Stevens and Justice O’Con-nor took no part in the consideration or decision of these motions.


text:
    No. 81-447.
    City of Wichita Falls, Texas, et al. v. Stone,
   454 U. S. 1082. Motion of respondent for award of costs, damages, and related expenses denied.


text:
    No. 81-5761.
    In re Widemon.
   Petition for writ of mandamus denied.


text:
    No. 81-1098 (A-330).
    Central Intelligence Agency et al. v. Holy Spirit Association for the Unification of World Christianity.
   C. A. D. C. Cir. Motion of respondent to modify the order entered by The Chief Justice on November 17, 1981, is granted, and the order is vacated insofar as it relates to the “35 congressionally generated documents.” In all other respects, the order of The Chief Justice entered November 17, 1981, is continued pending this Court’s final disposition of the petition for writ of certiorari.


text:
    No. 81-5612.
    No. 81-5859.
    No. 81-5869.
    In re Beach; In re King; and In re Clayborne.
   Petitions for writs of habeas corpus denied.


text:
    No. 81-5880.
    In re Paul.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 81-485.
    No. 81-930.
    Hillsboro National Bank v. Commissioner of Internal Revenue. United States v. Bliss Dairy, Inc.
   C. A. 7th Cir.; and

C. A. 9th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: No. 81-485, 641 F. 2d 529; No. 81-930, 645 F. 2d 19.


text:
    No. 80-1499.
    Commissioner of Internal Revenue v. Delta Metalforming Co., Inc.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 81-551.
    No. 81-617.
    No. 81-754.
    No. 81-805.
    Zambuto v. United States; D’Angelo v. United States; Vallone v. United States; and Todisco v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 667 F. 2d 255.


text:
    No. 81-649.
    Collins v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-605.
    City of Lafayette v. Hernandez.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-630.
    Cryan, dba Denturist-Denture Lab v. Board of Governors of the Registered Dentists of Oklahoma.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 81-650.
    Kulik v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-685.
    Grieg v. United States.
   Ct. Cl. Certio-rari denied.


text:
    No. 81-701.
    Taylor Diving & Salvage Co., Inc., et al. v. Gaspard.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-702.
    Goldfield Deep Mines Company of Nevada et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-721.
    Scott v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-722.
    Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-726.
    Chagra v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-751.
    Mandelkorn et al. v. Ward et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-755.
    Burlington Northern Inc. v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-772.
    Reader’s Digest Assn., Inc. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-775.
    New England Teamsters & Trucking Industry Pension Fund v. Bunnell et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-783.
    Teclaw v. Watt, Secretary of the Interior.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-812.
    Walker v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-828.
    No. 81-936.
    No. 81-952.
    No. 81-962.
    Crude Co. et al. v. United States; Goss et al. v. United States; Corbitt v. United States; and Fisher v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 646 F. 2d 946.


text:
    No. 81-830.
    Giesey v. Devine, Director, Office of Personnel Management, et al.
   C. A. D. C. Cir. Cer-tiorari denied.


text:
    No. 81-849.
    Sprecher v. Securities and Exchange Commission.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-860.
    Yapalater v. Bates, Westchester County Commissioner of Social Services, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-873.
    Strzelecki et al. v. Sweatlock et al.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 81-937.
    Deer Park Medical Group, P.A., Money Purchase Pension Plan v. Winchell.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-938.
    Gray, Treasurer of Harris County, Texas (Kriegel, successor in office) v. Van Ooteghem.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-941.
    D. W. Browning Contracting Co. et al. v. National Stabilization Agreement of the Sheet Metal Industry Trust Fund et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-943.
    Prime Movers, Inc., et al. v. Kentucky Board of Elections et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-965.
    Gutter v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-967.
    Margoles v. Johns et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-968.
    Witco Chemical Corp. et al. v. Cotten et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-975.
    Cheng v. GAF Corp.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 81-977.
    Schneider Transport, Inc. v. Cattanach, Secretary, Wisconsin Department of Transportation, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1006.
    Vibrant Sales, Inc. v. New Body Boutique, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1083.
    Sarcinelli v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1094.
    Kretchmar et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1102.
    Diaz v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1141.
    Ribotsky v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5532.
    Whalen v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 81-5540.
    Stephens v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-5567.
    Leonard v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5594.
    Piatt v. Lovett et al.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 81-5605.
    Leonard v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5615.
    Sparks v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5736.
    Lee v. Harris, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5744.
    Bush v. Muncy, Superintendent, Powhatan Correctional Center, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5747.
    Poole v. Perini.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 81-5750.
    Boag v. California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5751.
    Weaver v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 81-5752.
    McBroom v. McCarthy.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5753.
    Martinez v. Ohio Bureau of Employment Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5754.
    Dunbar v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-5758.
    Grant v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5760.
    Pennsylvania ex rel. Zapata v. Cuyler, Superintendent, State Correctional Institution, et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-5762.
    Gaston v. New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 81-5763.
    Hamlin v. Warren.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 81-5764.
    Brannon v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 81-5765.
    Bryant v. DeFrancis, Warden, Georgia Earned Release Center, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5768.
    West v. Mabry, Commissioner, Arkansas Department of Correction.
   C. A. 8th Cir. Certio-rari denied.


text:
    No. 81-5769.
    Dillard v. Martin, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5770.
    Hilliard v. Simpson et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-5824.
    Bethea v. Hanberry, Warden, Atlanta Federal Prison.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-5854.
    Phillips v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5860.
    Crenshaw v. United States et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5862.
    Vandetti v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5866.
    Morrison v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5875.
    Winter, aka Goodhead v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5878.
    Quarry v. General Accounting Office.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-5879.
    Ware v. Schweiker, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5889.
    Ryndak v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-604.
    Campagno v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 81-5890.
    Simko v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-940.
    Burton et al. v. City of Jackson, Mississippi.
   C. A. 5th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 81-974.
    Theatres West, Inc., dba Westworld Cinema, Theatre Deauville, and Cinema West, et al. v. Holmes, Harris County District Attorney, et al.
   C. A. 5th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 81-934.
    Arrington, Mayor of Birmingham, et al. v. Associated General Contractors of America, Alabama Branch, Inc., et al.
   Sup. Ct. Ala. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 81-5585.
    No. 81-5627.
    Lunz v. Jimenez et al., Williams v. United States,
   454 U. S. 1101; and

454 U. S. 1090. Petitions for rehearing denied.


text:
    No. 80-2074.
    Worrell, dba Cherokee Homes Apartments v. United States,
   454 U. S. 881. Petition for rehearing denied.

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


text:
    No. 81-500.
    Worrell v. B. F. Goodrich Co.,
   454 U. S. 969. Motion for leave to file petition for rehearing denied.


text:
    January 25, 1982
    No. 81-1031.
    Treen et al. v. Karen B. et al.
   Affirmed on appeal from C. A. 5th Cir.


text:
    No. 81-476.
    Cohen, Consumer Advocate of Pennsylvania, et al. v. Disciplinary Board of the Supreme Court of Pennsylvania et al.
   Appeal from Sup. Ct. Pa. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certio-rari, certiorari denied.

Justice White and Justice Stevens would postpone further consideration of question of jurisdiction to a hearing of the case on the merits.


text:
    No. 81-639.
    Regira et al. v. Falsetta et al.
   Appeal from Sup. Ct. La. dismissed for want of substantial federal question.


text:
    No. 81-840.
    Peters v. Sjoholm et al.
   Appeal from Sup. Ct. Wash, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-1002.
    Cleveland Electric Illuminating Co. v. Office of Consumers’ Counsel et al.
   Sup. Ct. Ohio. Motion of Edison Electric Institute for leave to file a brief as amicus curiae granted. Appeal dismissed for want of a properly presented federal question.


text:
    No. 80-6725.
    Legare v. Zant, Superintendent, Georgia Diagnostic & Classification Center.
   Sup. Ct. Ga. Motion of petitioner for leave to proceed informa pau-peris and certiorari granted. Judgment vacated and case remanded for further consideration in light of Eddings v. Oklahoma, ante, p. 104.


text:
    No.-.
    Local 806, Allied Industrial Workers of America, AFL-CIO v. Caterpillar Tractor Co. et al.
   Motion of petitioner to direct the Clerk to file the petition for writ of certiorari denied.


text:
    No. A-574.
    Amis v. United States et al.
   D. C. M. D. Fla. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. 80-1924.
    Weinberger, Secretary of Defense, et al. v. Rossi et al.
   C. A. D. C. Cir. [Certiorari granted, 454 U. S. 818.] Motion of William V. Chappell, Jr., et al. for leave to file a brief as amici curiae granted.


text:
    No. A-610.
    Local 1814, International Longshoremen’s Assn., et al. v. Waterfront Commission of New York Harbor.
   D. C. S. D. N. Y. Application for stay, addressed to Justice Blackmun and referred to the Court, denied.


text:
    No. 78-1545.
    No. 80-951.
    Zipes et al. v. Trans World Airlines, Inc.; and Independent Federation of Flight Attendants v. Trans World Airlines, Inc., et al.
   C. A. 7th Cir. [Certiorari granted, 450 U. S. 979.] Motion of petitioner in No. 80-951 for leave to file a supplemental brief after argument granted.

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


text:
    No. 80-1429.
    Youngberg, Superintendent, Pennhurst State School and Hospital, et al. v. Romeo, an incompetent, by his mother and next friend, Romeo.
   C. A. 3d Cir. [Certiorari granted, 451 U. S. 982.] Motion of Lowell P. Weicker, Jr., et al. to reconsider denial of leave to file a brief as amici curiae out of time denied.


text:
    No. A-593.
    Ching Yee v. Shintaku, Judge, et al.
   C. A. 9th Cir. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. 81-55.
    New York v. Ferber.
   Ct. App. N. Y. [Certiorari granted, 454 U. S. 1052.] Motions of Covenant House and Charles H. Keating, Jr., et al. for leave to file briefs as amici curiae granted.


text:
    No. 81-150.
    No. 81-546.
    Northern Pipeline Construction Co. v. Marathon Pipe Line Co. et al.; and United States v. Marathon Pipe Line Co. et al.
   D. C. Minn. [Probable jurisdiction noted, 454 U. S. 1029.] Motion of Commercial Law League of America for leave to participate in oral argument as amicus curiae and for additional time for oral argument denied.


text:
    No. 81-225.
    Blue Shield of Virginia et al. v. McCready.
   C. A. 4th Cir. [Certiorari granted, 454 U. S. 962.] Motion of American Psychological Association for leave to file a brief as amicus curiae granted.


text:
    No. 81-341.
    Greene et al. v. Lindsey et al.
   C. A. 6th Cir. [Probable jurisdiction noted, 454 U. S. 938.] Motion of National Housing Law Project for leave to file a brief as amicus curiae granted.


text:
    No. 81-451.
    Hathorn et al. v. Lovorn et al.
   Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1122.] Motion of the parties to dispense with printing the joint appendix denied.


text:
    No. 81-1112.
    Mayor and City Council of Baltimore et al. v. Johnson et al.
   C. A. 4th Cir. Motion of petitioners to expedite consideration of the petition for certiorari denied.


text:
    No. 81-349.
    Chicago Bridge & Iron Co. v. Caterpillar Tractor Co. et al.
   Sup. Ct. Ill. [Probable jurisdiction noted, 454 U. S. 1029.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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


text:
    No. 81-411.
    Jackson Transit Authority et al. v. Local Division 1285, Amalgamated Transit Union, AFL-CIO-CLC.
   C. A. 6th Cir. [Certiorari granted, 454 U. S. 1079.] Motions of Public Service Research Council, National Institute of Municipal Law Officers, and American Public Transit Association for leave to file briefs as amici curiae granted.


text:
    No. 81-420.
    Marshall, Superintendent, Southern Ohio Correctional Facility v. Lonberger.
   C. A. 6th Cir. [Certiorari granted, 454 U. S. 1141.] Motion for appointment of counsel granted, and it is ordered that John Czarnecki, Esquire, of Toledo, Ohio, be appointed to serve as counsel for respondent in this case.


text:
    No. 81-708.
    City of Port Arthur, Texas v. United States et al.
   Appeal from D. C. D. C. Motion of appel-lees Jenkins and Douglas for leave to proceed informa pau-peris granted. Probable jurisdiction noted.


text:
    No. 81-750.
    Fidelity Federal Savings & Loan Assn. et al. v. De la Cuesta et al.
   Appeal from Ct. App. Cal., 4th App. Dist. Probable jurisdiction noted.

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


text:
    No. 81-1282.
    No. 81-1312.
    National Organization for Women, Inc., et al. v. Idaho et al.; and Carmen, Administrator of General Services v. Idaho et al.
   Appeals from D. C. Idaho. Motion of appellants in No. 81-1282 to expedite consideration of the jurisdictional statement granted. The motion, in all other respects including the request to expedite plenary consideration, is denied. Motion of Democratic National Committee for leave to file a brief as amicus curiae in No. 81-1282 granted. Motions for leave to file briefs as amici curiae in Nos. 81-1282 and 81-1283 by the following are granted: American Federation of Labor and Congress of Industrial Organizations et al.; Thomas P. O’Neill, Jr., et al.; Jake Garn et al.; Joseph E. Brennan, Governor of Maine, et al.; American Bar Association; and ERAmerica et al. Motion of Charles Robb, Governor of Virginia, et al. for leave to join the motion of Joseph E. Brennan, Governor of Maine, et al. in Nos. 81-1282 and 81-1283 is granted. Further consideration of question of jurisdiction postponed to hearing of cases on the merits. The cases are consolidated with Nos. 81-1283 and 81-1313, infra. The judgment of the United States District Court for the District of Idaho is stayed pending the sending down of the judgment of this Court. Reported below: 529 F. Supp. 1107.


text:
    No. 81-1283.
    No. 81-1313.
    National Organization for Women, Inc., et al. v. Idaho et al.; and Carmen, Administrator of General Services v. Idaho et al.
   C. A. 9th Cir. Motion of petitioners in No. 81-1283 to expedite consideration of the petition for writ of certiorari before judgment granted. The motion, in all other respects including the request to expedite plenary consideration, is denied. Certiorari before judgment granted, and cases consolidated with Nos. 81-1282 and 81-1312, supra. The judgment of the United States District Court for the District of Idaho is stayed pending the sending down of the judgment of this Court.


text:
    No. 81-1003.
    White, Mayor of Boston, et al. v. Massachusetts Council of Construction Employers, Inc., et al.
   Sup. Jud. Ct. Mass. Certiorari granted.


text:
    No. 81-423.
    Alander v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 81-644.
    Davis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-718.
    Sumner et ux. v. Sheppard.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 81-762.
    Estes v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-779.
    Holland v. Sea-Land Service, Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-781.
    Sea-Land Service, Inc., et al. v. Alaska Railroad et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-796.
    Andrews v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-814.
    Cady et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-856.
    No. 81-870.
    Schriever v. United States; and Williams v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 652 F. 2d 1000.


text:
    No. 81-877.
    Zwego v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-886.
    Sailors’ Union of the Pacific, AFL-CIO v. Schweiker, Secretary of Health and Human Services, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-910.
    Murphy, Sheriff of Osceola County, et al. v. Adams.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-921.
    Kessinger et al. v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 81-923.
    Tant, t/a Super Duper Food Store v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-945.
    Scoles, dba College Exxon Service Station v. Donovan, Secretary of Labor, United States Department of Labor.
   C. A. 9th Cir. Certio-rari denied.


text:
    No. 81-954.
    First Pentecostal Church v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-971.
    Wynn Oil Co. v. Southern Union Exploration Co.
   Ct. App. N. M. Certiorari'denied.


text:
    No. 81-976.
    Lowe v. Ohio State Bar Assn.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 81-978.
    Glitsch, Inc. v. Jones.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-988.
    Commodore Business Machines, Inc., et al. v. McDonnell Douglas Corp.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 81-997.
    Charlton v. Cortez Development Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1007.
    Lektro-Vend Corp. et al. v. Vendo Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1009.
    Auburn News Co., Inc., et al. v. Providence Journal Co. et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-1013.
    Johnson v. Superior Court of California, City and County of San Francisco (Bank of America et al., Real Parties in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 81-1018.
    Vorbeck et al. v. Schicker et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1025.
    Watts et al. v. Cook et al.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 81-1053.
    Couf et al. v. DeBlaker et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1057.
    Barnes, Sheriff of Washington County, Oregon v. Carden.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 81-1072.
    Harper v. Barnes Group, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1117.
    Rufenacht et al. v. Iowa Beef Processors, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1125.
    Sedigh v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1147.
    Lerma v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1165.
    Leader et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1169.
    Dearmas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1199.
    Hughes v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5519.
    Ayers v. Collins, Warden, Maryland Penitentiary.
   C. A. 4th Cir. Certiorari denied.'


text:
    No. 81-5576.
    Palmer v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 81-5604.
    Hopkinson v. Wyoming.
   Sup. Ct. Wyo. Certiorari denied.


text:
    No. 81-5624.
    Arnold v. Marshall et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5629.
    Murtishaw v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 81-5648.
    Ward v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5670.
    Gomez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5694.
    Crick v. Smith, Warden, Kentucky State Reformatory.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5708.
    Mazyak et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5713.
    Cortez, aka Cortez-Espinoza v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5721.
    McClendon v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5746.
    Yazzie v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-5771.
    Winters v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-5774.
    Vasquez-Gonzales v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5775.
    Jiles v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5776.
    Antonelli v. Old Republic Insurance Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-5778.
    Kelly v. Oklahoma Pardon and Parole Board et al.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 81-5781.
    Bennett v. Ford Motor Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5782.
    Chicco v. Peck et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-5785.
    McIntyre v. Morris, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5791.
    Amir v. Sacred Heart Hospital.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5796.
    Bromwell v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 81-5797.
    Evans v. Reed et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5798.
    Johnson v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5800.
    Moore v. Wainwright, Secretary, Florida Department of Offender Rehabilitation.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5803.
    Phillips et al. v. Pennsylvania Higher Education Assistance Agency et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5804.
    Reneer v. Smith, Superintendent, Kentucky State Reformatory.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 81-5805.
    Chicco v. City of New Bedford et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-5806.
    Pleasant v. New York.
   Ct. App. N. Y.' Certiorari denied.


text:
    No. 81-5808.
    No. 81-5913.
    Tinkle v. United States; and Garrett v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 655 F. 2d 617.


text:
    No. 81-5809.
    Scott v. Louisiana.
   Sup. Ct. La. Cer-tiorari denied.


text:
    No. 81-5811.
    Cunningham v. Perini.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5814.
    Goetz v. North Dakota.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 81-5816.
    Moye v. Barnes et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5818.
    Shabazz v. Maynard, Warden, et al.
   Ct. Crira. App. Okla. Certiorari denied.


text:
    No. 81-5819.
    Penoyer v. Wainwright, Secretary, Florida Department of Offender Rehabilitation.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5821.
    Alford v. Garrison et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5825.
    Hawkins v. West Virginia.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 81-5829.
    Spradlin v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 81-5835.
    Krupp v. New Jersey.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 81-5842.
    Moss v. Polland et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5843.
    Myers v. Johnston et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5850.
    Watson v. Busbee et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5851.
    Watson v. Evans et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5856.
    Reddish v. Wainwright.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5881.
    Foddrell v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5891.
    Best v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 81-5909.
    Carter v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5911.
    Todd v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5915.
    Pool v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5916.
    Torres et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5918.
    Hollingshead v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5923.
    Greathouse v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-5932.
    Myrick et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5933.
    Young v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5945.
    Ross v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5948.
    Ray v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5950.
    Gaylor v. United States.
   C. A. 4th Cir. Certiorari denied.


author: Justice Brennan and Justice Marshall,

text:
    No. 80-6843.
    No. 81-5628.
    No. 81-5687.
    No. 81-5749.
    No. 81-5801.
    High v. Georgia. Roach v. South Carolina et al. Coppola v. Warden, Virginia State Penitentiary. Morgan v. Montgomery, Warden, Georgia State Prison. Wallace v. Georgia.
   Sup. Ct. Ga.;

Sup. Ct. S. C.;

Sup. Ct. Va.;

Sup. Ct. Ga.; and

Sup. Ct. Ga. Cer-tiorari denied. Reported below: No. 80-6843, 247 Ga. 289, 276 S. E. 2d 5; No. 81-5687, 222 Va. 369, 282 S. E. 2d 10; No. 81-5801, 248 Ga. 255, 282 S. E. 2d 325.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 81-347.
    Michigan v. Dugan.
   Ct. App. Mich. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 81-1067.
    Smith’s Moving & Trucking Co. et al. v. Svendsen.
   Ct. App. N. Y. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 81-1131.
    Estelle, Director, Texas Department of Corrections v. Sellers.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 81-811.
    American Bridge Division, United States Steel Corp. v. Alford et al.
   C. A. 5th Cir. Motion of Kaiser Aluminum & Chemical Sales, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 81-711.
    Mesa Petroleum Co. v. Kansas Power & Light Co., Inc., et al.
   Sup. Ct. Kan. Motions of Kansas Independent Oil & Gas Association et al. and Legal Foundation of America for leave to file briefs as amici curiae granted. Certiorari denied.

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


text:
    No. 81-973.
    United States v. Dahlstrum.
   C. A. 9th Cir. Certiorari denied.

The Chief Justice, Justice Powell, and Justice O’Connor would grant certiorari and summarily reverse the judgment.


text:
    No. 81-1043.
    Federal Prescription Service, Inc., et al. v. American Pharmaceutical Assn.
   C. A. D. C. Cir. Motion of National Association of Mail Service Pharmacies for leave to file a brief as amicus curiae granted. Cer-tiorari denied.


text:
    No. 81-5899.
    Gates v. Arizona.
   Sup. Ct. Ariz. Cer-tiorari denied.

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


text:
    No. 80-848.
    No. 80-883.
    Piper Aircraft Co. v. Reyno, Personal Representative of the Estates of Fehilly et al., Hartzell Propeller, Inc. v. Reyno, Personal Representative of the Estates of Fehilly et al.,
   454 U. S. 235; and

454 U. S. 235. Petition for rehearing denied.

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


text:
    No. 81-5186.
    Salama v. Virginia et al.,
   454 U. S. 874. Petition for rehearing denied.

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


text:
    No. 80-2049.
    No. 80-6692.
    No. 81-16.
    No. 81-204.
    No. 81-217.
    No. 81-274.
    No. 81-427.
    No. 81-589.
    No. 81-780.
    No. 81-5441.
    No. 81-5478.
    No. 81-5504.
    No. 81-5545.
    Ralston, Warden v. Robinson, Busbee v. Texas, Caldwell et al. v. Missouri et al., Roberts v. United States, Morgan v. United States, Zavala-Pizano v. United States, Davis v. District Director, Immigration and Naturalization Service, McCluney v. Jos. Schlitz Brewing Co., Ackerman et al. v. National Bureau of Standards et al., Brown v. New York, Hardy v. Georgia, Galis v. Wainwright, Secretary of the Department of Offender Rehabilitation, et al., Webb v. Alberto-Culver Co., Inc.,
   454 U. S. 201;

454 U. S. 1074;

454 U. S. 1081;

454 U. S. 1031;

454 U. S. 1031;

454 U. S. 1031;

454 U. S. 942;

454 Ü. S. 1071;

454 U. S. 1086;

454 U. S. 1126;

454 U. S. 1114;

454 U. S. 1088; and

454 U. S. 1089. Petitions for rehearing denied.


text:
    No. 80-812.
    Mescalero Apache Tribe v. O’Cheskey, Commissioner of Revenue of New Mexico, et al.,
   450 U. S. 959. Motion for leave to file petition for rehearing denied.


text:
    January 29, 1982
    No. 81-864.
    L/P/G Benghazi et al. v. Velibor et al.
   C. A. 3d Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    February 9, 1982
    No. 81-625.
    Missouri v. McGee [and other cases under this Court’s Rule 19.4].
   Sup. Ct. Mo. Certiorari dismissed as to Bobby Joe McGee under this Court’s Rule 53.


text:
    February 18, 1982
    No. 81-924.
    J. P. Stevens Employees Education Committee et al. v. Donovan, Secretary of Labor, United States Department of Labor.
   C. A. 4th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    February 19, 1982
    No.-.
    Haldeman, Trustee of Lehigh Valley Railroad Co. v. United States Railway Assn. et al.
   Appeal from Sp. Ct. R. R. R. A. dismissed without prejudice, it appearing that the appeal would not be in the interest of an expeditious conclusion to the proceedings.


text:
    February 22, 1982
    No. 81-1028.
    Williams v. Williams.
   Appeal from Sup. Ct. N. H. dismissed for want of substantial federal question.


text:
    No. 81-1048.
    Razatos v. Colorado.
   Appeal from Sup. Ct. Colo, dismissed for want of substantial federal question.


text:
    No. 81-1104.
    S. H. Goss, Inc., et al. v. Pennsylvania Department of Agriculture.
   Appeal from Pa. Commw. Ct. dismissed for want of substantial federal question.


text:
    No. 81-1164.
    Hein v. California.
   Appeal from App. Dept., Super. Ct. Cal., San Diego County, dismissed for want of substantial federal question.


text:
    No. 81-5943.
    Bixby v. Ross.
   Appeal from App. Div., Sup. Ct. N. Y., 3d Jud. Dept., dismissed for want of substantial federal question.


text:
    No. 81-6012.
    Cepulonis v. Massachusetts.
   Appeal from Sup. Jud. Ct. Mass, dismissed for want of substantial federal question.


text:
    No. 81-1041.
    Stan Musial & Biggies, Inc. v. Florida Department of Revenue.
   Appeal from Dist. Ct. App. Fla., 1st Dist., dismissed for want of jurisdiction.


text:
    No. 81-1183.
    Southern State College et al. v. Arkansas Gazette Co.
   Appeal from Sup. Ct. Ark. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-5967.
    Robinson, by his mother and next friend, Robinson v. Armand et al.
   Appeal from D. C. N. D. Ill. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 81-723.
    Hybud Equipment Corp. et al. v. City of Akron, Ohio, et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Community Communications Co. v. Boulder, ante, p. 40.


text:
    No. 81-843.
    Northwest Excavating, Inc. v. Waggoner et al., Trustees.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for farther consideration in light of Kaiser Steel Corp. v. Mullins, ante, p. 72.


text:
    No. 80,
    Orig.
    Colorado v. New Mexico et al.
    [For earlier order herein, see, e. g., 449 U. S. 1007.]
   Report of the Special Master on the Equitable Apportionment of the Vermejo River is received and ordered filed. Exceptions, if any, with supporting briefs to the Report may be filed by the parties within 45 days. Reply briefs, if any, to such Exceptions may be filed within 30 days.


text:
    No. 85,
    Orig.
    Texas v. Oklahoma.
    [For earlier order herein, see, e. g., 452 U. S. 957.]
   Report of the Special Master on motion for entry of judgment is received and ordered filed. Exceptions, if any, with supporting briefs to the Report may be filed by the parties within 30 days. Reply briefs, if any, to such Exceptions may be filed within 15 days.


text:
    No. 78-1545.
    No. 80-951.
    Zipes et al. v. Trans World Airlines, Inc.; and Independent Federation of Flight Attendants v. Trans World Airlines, Inc., et al.
   C. A. 7th Cir. [Certiorari granted, 450 U. S. 979.] Motion of respondent Trans World Airlines, Inc., for leave to file a supplemental brief after argument granted.

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


text:
    No. 80-644.
    G. D. Searle & Co. v. Cohn et al.
   C. A. 3d Cir. [Certiorari granted, 451 U. S. 905.] Motion of respondents for leave to file a supplemental brief after argument granted.


text:
    No. 80-1002.
    Board of Education of the Hendrick Hudson Central School District, Westchester County, et al. v. Rowley, by her parents, Rowley et ux.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 961.] Motion of respondents to permit interpretation of oral argument granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 80-1012.
    No. 80-1030.
    No. 80-1052.
    Rice, Director, Department of Alcoholic Beverage Control of California v. Norman Williams Co. et al.; Bohemian Distributing Co. v. Norman Williams Co. et al.; and Wine & Spirits Wholesalers of California v. Norman Williams Co. et al.
   Ct. App. Cal., 3d App. Dist. [Certiorari granted, 454 U. S. 1080.] Motion of petitioners Bohemian Distributing Co. and Wine & Spirits Wholesalers of California for divided argument granted. Motion of petitioner Baxter Rice for divided argument granted.


text:
    No. 80-1305.
    Alfred L. Snapp & Son, Inc., et al. v. Puerto Rico ex rel. Quiros, Secretary of Labor and Human Resources.
   C. A. 4th Cir. [Certiorari granted, 454 U. S. 1079.] Motion of the Attorney General of New York for leave to participate in oral argument as amicus curiae and for additional time for oral argument denied.


text:
    No. 80-1952.
    Blum, Commissioner of the New York State Department of Social Services, et al. v. Yaretsky et al.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 815.] Motion of National Citizens’ Coalition for Nursing Home Reform for leave to file a brief as amicus curiae granted.


text:
    No. 80-2070.
    No. 81-24.
    Sumitomo Shoji America, Inc. v. Avagliano et al.; and Avagliano et al. v. Sumitomo Shoji America, Inc.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 962.] Motion of Ministry of International Trade and Industry of the Government of Japan for leave to file a brief as amicus curiae granted.


text:
    No. 80-2116.
    Williams v. United States.
   C. A. 5th Cir. [Certiorari granted, 454 U. S. 1030 and 1096.] Motion of the Solicitor General to permit Richard G. Wilkins, Esquire, to present oral argument pro hac vice granted.


text:
    No. 80-2162.
    Ramah Navajo School Board, Inc., et al. v. Bureau of Revenue of New Mexico.
   Ct. App. N. M. [Probable jurisdiction noted, 454 U. S. 1079.] Motions of Navajo Tribe of Indians, Association on American Indian Affairs, Inc., and Pueblo of Santa Ana for leave to file briefs as amici curiae granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 81-9.
    Washington et al. v. Seattle School District No. 1 et al.
   C. A. 9th Cir. [Probable jurisdiction noted, 454 U. S. 890.] Motion of NAACP Legal Defense and Educational Fund, Inc., for leave to file a brief as amicus curia& granted.


text:
    No. 81-55.
    New York v. Ferber.
   Ct. App. N. Y. [Certiorari granted, 454 U. S. 1052.] Motion of Covenant House for leave to participate in oral argument as amicus curiae and for additional time for oral argument denied.


text:
    No. 81-150.
    No. 81-546.
    Northern Pipeline Construction Co. v. Marathon Pipe Line Co. et al.; and United States v. Marathon Pipe Line Co. et al.
   D. C. Minn. [Probable jurisdiction noted, 454 U. S. 1029.] Motion of the Solicitor General for divided argument granted. Request for additional time for oral argument denied.


text:
    No. 81-202.
    National Association for the Advancement of Colored People et al. v. Claiborne Hardware Co. et al.
   Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1080.] Motion of petitioners to reconsider order denying motion for divided argument denied.

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


text:
    No. 81-298.
    No. 81-799.
    Community Television of Southern California v. Gottfried et al.; and Federal Communications Commission v. Gottfried et al.
   C. A. D. C. Cir. [Certiorari granted, 454 U. S. 1141.] Motion of the Solicitor General to consolidate these cases for briefing and oral argument granted.


text:
    No. 81-389.
    No. 81-390.
    Union Labor Life Insurance Co. v. Pireno; and New York State Chiropractic Assn. v. Pireno.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 1052.] Motion of petitioners for divided argument denied.


text:
    No. 81-406.
    Mississippi University for Women et al. v. Hogan.
   C. A. 5th Cir. [Certiorari granted, 454 U. S. 962.] Motion of National Women’s Law Center et al. for leave to file a brief as amici curiae granted.


text:
    No. 81-431.
    Guardians Assn. et al. v. Civil Service Commission of the City of New York et al.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 1140.] Motion of the parties to dispense with printing the joint appendix granted.


text:
    No. 81-554.
    Equal Employment Opportunity Commission v. Wyoming et al.
   D. C. Wyo. [Probable jurisdiction noted, 454 U. S. 1140.] Motion of the parties to dispense with printing the joint appendix granted.


text:
    No. 81-451.
    Hathorn et al. v. Lovorn et al.
   Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1122.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 81-613.
    Sporhase et al. v. Nebraska ex rel. Douglas, Attorney General.
   Sup. Ct. Neb. [Probable jurisdiction noted, 454 U. S. 1079.] Motion of appellants and City of El Paso for divided argument to permit City of El Paso to present oral argument as amicus curiae denied.


text:
    No. 81-460.
    Middlesex County Ethics Committee v. Garden State Bar Assn. et al.
   C. A. 3d Cir. [Certio-rari granted, 454 U. S. 962.] Motions of American Civil Liberties Union, NAACP Legal Defense and Educational Fund, Inc., et al., and National Alliance Against Racist and Political Repression for leave to file briefs as amici curiae granted. Motion of respondents to dismiss the writ of certiorari as improvidently granted denied.


text:
    No. 81-535.
    United States Department of State et al. v. Washington Post Co.
   C. A. D. C. Cir. [Certiorari granted, 454 U. S. 1030.] Motion of respondent to dismiss the writ of certiorari as improvidently granted denied.


text:
    No. 81-837.
    No. 81-839.
    No. 81-982.
    No. 81-984.
    No. 81-1097.
    City of Indianola, Mississippi, et al. v. Dotson et al. Sklar et al. v. Shores, Executor. First National Bank of Boston (International) v. Banco Nacional de Cuba. First National City Bank v. Banco para el Comercio Exterior de Cuba. Johnson et al. v. Board of Education of the City of Chicago et al.
   D. C. N. D. Miss.;

C. A. 5th Cir.;

C. A. 2d Cir.;

C. A. 2d Cir.; and .

C. A. 7th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 81-920.
    Verlinden B. V. v. Central Bank of Nigeria.
   C. A. 2d Cir. [Certiorari granted, 454 U. S. 1140.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 81-969.
    Washington et al. v. United States.
   C. A. 9th Cir. Motion of Multistate Tax Commission for leave to file a brief as amicus curiae granted.


text:
    No. 81-5976.
    In re Balla.
   Petition for writ of habeas corpus denied.


text:
    No. 81-5321.
    Enmund v. Florida.
   Sup. Ct. Fla. [Certiorari granted, 454 U. S. 939.] Motion of George R. Georgieff to permit Lawrence A. Kaden, Esquire, to present oral argument pro hac vice granted. Motion of William C. McLain to permit James S. Liebman, Esquire, to present oral argument pro hac vice granted.


text:
    No. 81-5900.
    In re Talley.
   Petition for writ of mandamus denied.


text:
    No. 81-1105.
    In re Hoehn.
   Petition for writ of mandamus and/or other relief denied.


text:
    No. 81-1119.
    In re Ellis et al.
   Petition for writ of prohibition and/or other relief denied.


text:
    No. 81-897.
    Director, Office of Workers’ Compensation Programs, United States Department of Labor v. Perini North River Associates et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 81-1055.
    Poythress, Secretary of State of Georgia, et al. v. Duncan et al.
   C. A. 11th Cir. Cer-tiorari granted.


text:
    No. 81-1064.
    City of Los Angeles v. Lyons.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 81-1203.
    Moses H. Cone Memorial Hospital v. Mercury Construction Corp.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 81-927.
    Connecticut v. Johnson.
   Sup. Ct. Conn. Motion of respondent for leave to proceed informa pauperis and certiorari granted.


text:
    No. 80-2079.
    Reno, State Attorney of Dade County, Florida, et al. v. Concerned Democrats of Florida et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-286.
    Coen et al. v. Harrison County School Board et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-291.
    Illinois v. Bochniak.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-433.
    Coopers & Lybrand v. Sharp et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-586.
    Diamond M Co. v. Raines et al.
   Ct. App. La., 3d Cir. Certiorari denied.


text:
    No. 81-664.
    Stoddard v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-729.
    No. 81-730.
    Ladmer v. United States; and DiLapi v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-742.
    No. 81-761.
    Suggs v. Alabama; and Suggs v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied. Reported below: No. 81-742, 403 So. 2d 309; No. 81-761, 403 So. 2d 303.


text:
    No. 81-748.
    Thoreen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-763.
    Katz v. Florida.
   Sup. Ct. Fla. Certio-rari denied.


text:
    No. 81-756.
    Bank of Miami et al. v. Meason et al.; and Bank of Miami, formerly known as Northside Bank, et al. v. Meason.
   C. A. 5th Cir. Certiorari denied. Reported below: 652 F. 2d 542 (first case); 654 F. 2d 722 (second case).


text:
    No. 81-788.
    Gerard et al. v. Louisiana.
   24th Jud. Dist. Ct. La., Jefferson Parish. Certiorari denied.


text:
    No. 81-815.
    Shamy v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-841.
    E. L. Wiegand Division, Emerson Electric Co. v. National Labor Relations Board et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-846.
    No. 81-944.
    Tavelman v. United States; and Job v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 650 F. 2d 1133.


text:
    No. 81-859.
    Rucinski et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-863.
    J. R. Simplot Co. v. Occupational Safety and Health Administration, U. S. Department of Labor.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-867.
    Young, Mayor of Detroit, et al. v. Baldrige, Secretary of Commerce, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-881.
    Chicago, Milwaukee, St. Paul & Pacific Railway Co. v. Leer.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 81-890.
    Rapides Parish School Board et al. v. Valley et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-892.
    Goins et al. v. Bethlehem Steel Corp. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-895.
    Seregos v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-901.
    Weigand v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-902.
    400 E. Baltimore Street, Inc., et al. v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 81-911.
    White v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-915.
    Permanent Label Corp. v. National Labor Relations Board.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-925.
    Maine Caterers, Inc., et al. v. National Labor Relations Board et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-932.
    Ostrer et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-939.
    Ramsey et al. v. Donovan, Secretary of Labor.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-949.
    Blackie’s House of Beef, Inc. v. Castillo, Commissioner, Immigration and Naturalization Service, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-963.
    Friendly Retirement Center, Inc. v. Colling, Successor Trustee.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-979.
    Tabcor Sales Clearing, Inc., et al. v. Department of the Treasury et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-981.
    Dema et al. v. Internal Revenue Service.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-985.
    No. 81-5874.
    Morrone v. United States; and Turchi v. United States; and Kester v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 672 F. 2d 905.


text:
    No. 81-999.
    Hawg-N-Action, Inc. v. Trustees of the Teamsters Construction Workers Local No. 13 Health & Welfare Trust Fund for Colorado et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1016.
    No. 81-1017.
    Akers v. United States; and Kendall v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 655 F. 2d 199.


text:
    No. 81-1021.
    No. 81-1036.
    Zinser et al. v. Palmby et al.; and Cleveland v. Palmby et al.
   C. A. 10th Cir. Certiorari denied. Reported below: 660 F. 2d 754.


text:
    No. 81-1023.
    Local 359, United Seafood Workers, Smoked Fish & Cannery Union v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1026.
    Ruppert v. Ohio.
   Ct. App. Ohio, Butler County. Certiorari denied.


text:
    No. 81-1037.
    Israel & Raley v. Futuronics Corp. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1040.
    Jacob v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1042.
    Clements et al. v. Logan.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1045.
    Fenner et ux. v. General Motors Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1051.
    Weaver v. Bowers et al.
   C. A., 3d Cir. Certiorari denied.


text:
    No. 81-1054.
    No. 81-1065.
    No. 81-1082.
    BP Oil, Inc., et al. v. Bankers Trust Co. et al.; Villaneuva Compania Naviera, S.A. v. Bankers Trust Co. et al.; and Bankers Trust Co. et al. v. Villaneuva Compania Naviera, S.A., et al.


text:
    No. 81-1058.
    Morter v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1059.
    Weinstein v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1061.
    Ganley v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 81-1070.
    Wood, dba National Photo Services v. McEwen et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1073.
    Moyer v. Elder-Beerman Stores Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1074.
    Midwest Growers Cooperative et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1075.
    Sherrod v. Meyers et al.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 81-1079.
    Northeastern Telephone Co. v. American Telephone & Telegraph Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1080.
    Bloch v. Veteran Corps of Artillery, State of New York, Constituting the Military Society of the War of 1812.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 81-1085.
    Sangiacomo et al. v. Zigas et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 81-1088.
    No. 81-1177.
    EMI Ltd. v. Bennett et al.; and Capitol Industries-EMI, Inc. v. Bennett et al.
   C. A. 9th Cir. Certiorari before judgment denied.


text:
    No. 81-1092.
    Williams et al. v. General Motors Corp.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1093.
    Gomez v. Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 81-1096.
    Eubank v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 81-1100.
    Merski v. New Hampshire.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 81-1107.
    Herzog et ux. v. Endeco, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-1111.
    Johns v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 81-1112.
    Mayor and City Council of Baltimore et al. v. Johnson et al.
   C. A. 4th Cir. Certiorari before judgment denied.


text:
    No. 81-1121.
    St. Martin v. Hegewald et ux.
   Ct. App. Wash. Certiorari denied.


text:
    No. 81-1122.
    Farmer v. Strickland, Sheriff of Pierce County, Georgia.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1124.
    Great American Screen, aka Be-Down Home Designs, et al. v. Musidor, B.V., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1128.
    No. 81-1150.
    J. Ray McDermott & Co., Inc. v. Signal Oil & Gas Co. et al.; and Sun Oil Co. et al. v. Signal Oil & Gas Co.
   C. A. 5th Cir. Certiorari denied. Reported below: 654 F. 2d 1164.


text:
    No. 81-1129.
    Mitchell v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1130.
    Comay v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1136.
    Messenger et ux. v. Bucyrus-Erie Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1137.
    Alioto’s Fish Co., Ltd., et al. v. Human Rights Commission of San Francisco et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 81-1138.
    Connecticut v. Smith.
   Super. Ct. Conn., New Haven County. Certiorari denied.


text:
    No. 81-1140.
    East Coast Tender Service, Inc. v. Duty et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1145.
    Cooper v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1146.
    Richardson, Administrator v. City of Indianapolis et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1148.
    No. 81-1237.
    Butler et al. v. United States; and Angelilli v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 660 F. 2d 23.


text:
    No. 81-1149.
    Sliger et al. v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 81-1151.
    Stewart v. Kutner et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1153.
    Tookes v. Georgia.
   Ct. App. Ga. Cer-tiorari denied.


text:
    No. 81-1155.
    Badgett v. Erspan.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1156.
    American Federation of Government Employees, AFL-CIO v. Federal Labor Relations Authority et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1159.
    No. 81-1353.
    Baszner v. United States; and Caggiano v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 660 F. 2d 184.


text:
    No. 81-1158.
    McDaniel et al. v. Helms.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1160.
    Stroup v. Tucker et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1162.
    Crown Paint Co. v. Bankston.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 81-1163.
    McCutcheon v. Chicago Board of Education et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1166.
    Jacques Syl Knitwear, Inc., et al. v. National Labor Relations Board et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1167.
    Enserch Exploration, Inc., et al. v. Bullock, Comptroller of Public Accounts of Texas, et al.
   Ct. Civ. App. Tex., 3d Sup. Jud. Dist. Certiorari denied.


text:
    No. 81-1171.
    Nellie-Jeanne Corp. v. City of Columbus, Division of Recreation and Parks, et al.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 81-1173.
    Certain-Teed Piping Materials, Inc. v. Hydroaire, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1174.
    Ortiz Funeral Home Corp. v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1176.
    Hoagland et al. v. Lumbermens Mutual Casualty Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1178.
    Yunker v. Kentucky.
   Cir. Ct. Daviess, Ky. Certiorari denied.


text:
    No. 81-1179.
    Denman v. Bulger, President of the Massachusetts Senate, et al.
   C. A. 1st Cir. Certio-rari denied.


text:
    No. 81-1182.
    Peterson et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1187.
    Middlebury Associates v. Pike Industries, Inc., et al.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 81-1188.
    Monroe v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 81-1189.
    Blackwell v. Anderson, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1190.
    Zan-Car Enterprises, Inc., et al. v. Home State Savings Assn. et al.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 81-1193.
    Speight v. Georgia.
   Ct. App. Ga. Cer-tiorari denied.


text:
    No. 81-1194.
    Kagarise et al. v. Cumberland, Maryland, Area Teamsters Pension Fund.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1201.
    Davidson v. Roadway Express, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-1202.
    Waters v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-1204.
    Matthews Bros., Inc. v. Pierce, Guardian ad Litem, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1206.
    Childers v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 81-1211.
    Purrazzo v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-1212.
    Sessums et al. v. Louisiana Power & Light Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1215.
    Schnapper et al. v. Foley, Director, Administrative Office of the U. S. Courts, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-1217.
    North River Insurance Co. et al. v. Fed Sea/Fed Pac Line et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1218.
    Cucchiara v. Secretary of the Treasury et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1221.
    General Atomic Co. v. United Nuclear Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1224.
    Bollow v. Federal Reserve Bank of San Francisco et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1226.
    Hepke v. Schweiker, Secretary of Health and Human Services.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1230.
    Johnson v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 81-1234.
    Langford v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 81-1235.
    McIntosh v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1243.
    First National Bank of Alabama-Huntsville, formerly Henderson National Bank v. Haile et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-1245.
    Marchese v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1246.
    Benslimane v. United States.
   Ct. App.’ D. C. Certiorari denied.


text:
    No. 81-1261.
    Smith v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1265.
    Eden v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1269.
    Avedisian v. Hubbard et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1285.
    No. 81-1292.
    Farace v. New York; and Granato v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied. Reported below: 81 App. Div. 2d 643, 440 N. Y. S. 2d 557.


text:
    No. 81-1289.
    No. 81-1337.
    Sutherland v. United States; and Walker v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 656 F. 2d 1181.


text:
    No. 81-1293.
    Goldstein, Secretary, New Mexico Health and Environment Department v. Nunez et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-1305.
    No. 81-6092.
    Maguire v. United States; and Haley v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 661 F. 2d 943.


text:
    No. 81-1322.
    Palamone v. United States; and Gerry et al. v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 673 F. 2d 1301 (first case); 673 F. 2d 1299 (second case).


text:
    No. 81-1334.
    Henrique v. United States Marshal et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-1366.
    Downing v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-1368.
    McNeely v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-1378.
    Minton et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-1395.
    Outler v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-1396.
    Scull v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5079.
    McMichael v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5573.
    Gaylor v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5633.
    Barrett v. Bureau of Customs et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5638.
    Smith v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 81-5655.
    Warren v. United States Parole Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-5679.
    Jimenez v. Montez et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5703.
    Fleming v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5704.
    Hall v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 81-5718.
    Stinson v. Smith, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5733.
    Washington v. Harris, Superintendent, Green Haven Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5738.
    Archie v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5740.
    Krall v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-5757.
    Donaldson v. Dalsheim, Superintendent, Ossining Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5767.
    Bonnette v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5810.
    Wilson et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5812.
    Anderson v. Baird.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 81-5830.
    Cordle v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 81-5831.
    Leuschner v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 81-5838.
    Clark v. Municipal Employees Credit Union of Baltimore, Inc.
   Ct. App. Md. Certiorari denied.


text:
    No. 81-5845.
    Johnson v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-5847.
    Jones et al. v. Consolidated Edison Company of New York et al.
   Ct. App. N. Y. Certio-rari denied.


text:
    No. 81-5861.
    Jones v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 81-5863.
    Rosa v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-5864.
    Stanley v. City of Portland.
   Ct. App. Ore. Certiorari denied.


text:
    No. 81-5868.
    Kinner v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5870.
    Sere v. Welsh.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 81-5877.
    Johnson v. Johnson.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5883.
    Hernandez v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5884.
    Carter v. Garrison, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5885.
    Gonzalez v. Hilton, Superintendent, New Jersey State Prison, et al.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 81-5886.
    Frazier v. S/S Delta Mar et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5888.
    Madison v. Estelle, Director, Texas Department of Corrections, et al.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 81-5892.
    Hale v. Illinois.
   App. Ct. Ill., 5th Dist. Certiorari denied.


text:
    No. 81-5893.
    Ehl v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5895.
    Garcia v. Illinois.
   Sup. Ct. Ill. Certio-rari denied.


text:
    No. 81-5896.
    Cooper v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5898.
    Vargas v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-5901.
    Owens v. Zimmerman.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5902.
    Vasquez v. New York.
   Sup. Ct. N. Y., Bronx County. Certiorari denied.


text:
    No. 81-5903.
    Reese v. Byrne et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5904.
    Mitchell v. Bolton et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-5905.
    Lowe v. New York City Department of Social Services.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5906.
    Toughill et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5910.
    Eicher v. Florida Department of Corrections et al.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 81-5914.
    Getch v. Hammock, Chairman, New York State Board of Parole.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5917.
    Talamantez v. California et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 81-5920.
    Simmons v. Winsberg et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-5921.
    Russell v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 81-5922.
    Spann v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 81-5924.
    Alexander v. Texas.
   Ct. Civ. App. Tex., 5th Sup. Jud. Dist. Certiorari denied.


text:
    No. 81-5925.
    Mack v. Engle.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 81-5926.
    Bornes v. Blackburn, Warden.
   Sup. Ct. La. Certiorari denied.


text:
    No. 81-5927.
    Clay v. Texas et al.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 81-5928.
    Blechman v. Federal Communications Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5929.
    Flenner v. Pontifex et al.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 81-5930.
    Whitelaw v. MWP Limited Partnership.
   Ct. App. D. C. Certiorari denied.


text:
    No. 81-5931.
    Bosch v. Spalding.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 81-5934.
    United States ex rel. Tolbert v. Franzen.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-5936.
    Lee v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 81-5938.
    Vite v. Wisconsin.
   Sup. Ct. Wis. Cer-tiorari denied.


text:
    No. 81-5939.
    Alderson v. United States.
   C. A. 6th Cir, Certiorari denied.


text:
    No. 81-5941.
    Carter v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-5942.
    Lewis v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 81-5946.
    Bruce v. Duckworth, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-5951.
    Johnson v. Ohio.
   Ct. App. Ohio, Cuya-hoga County. Certiorari denied.


text:
    No. 81-5953.
    Antonelli v. Drug Enforcement Administration et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-5954.
    Antwine v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5955.
    Dixon v. MacDougall.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 81-5956.
    Willoughby v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5958.
    Engleman v. Engleman et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5959.
    Jackson v. Alabama Department of Public Safety et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5963.
    Rumph v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5964.
    Rucker v. Bakewell et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5965.
    Reed v. Parratt, Warden, Nebraska Penal and Correctional Complex.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5966.
    McMillion v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 81-5969.
    Jones v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5972.
    Hopkins v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-5973.
    Collins v. Ohio.

   Ct. App. Ohio, Cuya-hoga County. Certiorari denied.


text:
    No. 81-5974.
    House v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5975.
    Kleinschmidt v. Sun Bank of Miami, Personal Representative of the Estate of Kleinschmidt.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 81-5977.
    MacArthur v. Philippine Air Lines, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5978.
    Creasy v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 81-5981.
    Wolff v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-5982.
    Fontana v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-5983.
    McDonald v. Metropolitan Government of Nashville and Davidson County.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 81-5985.
    Pardue v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5987.
    Sutterer v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5991.
    Jones v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-5992.
    Diaz v. New York.
   Ct. App. N. Y. Cer-tiorari denied.


text:
    No. 81-5993.
    Green v. Director of Institutions, North Dakota State Prisons, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-5994.
    Cooper v. Sowders, Warden, Kentucky State Penitentiary.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-5995.
    Ballet v. Pence et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5997.
    Kops v. Wisconsin.
   Sup. Ct. Wis. Cer-tiorari denied.


text:
    No. 81-5998.
    Smith v. Estelle, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-5999.
    Carlsen v. Utah.
   Sup. Ct. Utah. Cer-tiorari denied.


text:
    No. 81-6000.
    Rhodes v. United States Navy et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6001.
    Owens v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6003.
    Simmons v. Hilton, Superintendent, New Jersey State Prison, et al.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 81-6004.
    McQuade et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6005.
    Reliford v. City of Kansas City, Missouri, Parks and Recreation Department.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6007.
    Piscanio v. Beans, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6008.
    Thayer v. Puerto Rico.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 81-6009.
    Walker v. Wainwright.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 81-6010.
    Simons v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 81-6011.
    Sanders v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 81-6022.
    Turner v. Gillespie et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 81-6023.
    Matthews v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6024.
    Herrera v. White, Woodbury County Sheriff.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 81-6026.
    Thompson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6029.
    Upsher v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 81-6033.
    Ochoa v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6034.
    Winley v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6035.
    Pisani v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6049.
    Zia v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6050.
    No. 81-6109.
    Fleming v. United States; and Ragins et al. v. United States.
   C. A. 4th Cir. Certiorari denied. Reported below: 667 F. 2d 440.


text:
    No. 81-6051.
    Harris v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6059.
    Posey v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6064.
    Castro v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 81-6076.
    Griffin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6084.
    No. 81-6116.
    Odom v. United States; and Wolf v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: No. 81-6084, 667 F. 2d 1032; No. 81-6116, 667 F. 2d 1033.


text:
    No. 81-6085.
    Perry v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 81-6086.
    Ellis v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 81-6098.
    Murphy v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6104.
    Hamlen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 81-6113.
    Gibbs v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6115.
    Horton, aka Bynum v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 81-6121.
    Bowling v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 81-6128.
    Short v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 81-6129.
    Haner v. United States.
   C. A. 9th Cir. Certiorari denied.


author: Justice Rehnquist,

text:
    No. 80-2112.
    No. 80-2153.
    Long et al. v. Bonnes et al.; and Kenley, Commissioner, Department of Health of Virginia, et al. v. Young.
   C. A. 4th Cir. Certiorari denied. Reported below: No. 80-2112, 651 F. 2d 214; No. 80-2153, 641 F. 2d 192.

Justice Rehnquist,

with whom Justice O’Connor joins,

dissenting.

By enacting the Civil Rights Attorney’s Fees Awards Act of 1976 (Act), Congress created a statutory basis for courts, in the exercise of their sound discretion, to award attorney’s fees to private litigants who prevail in litigation under various civil rights laws. The Courts of Appeals responsible for interpreting the Act have differed as to the correct construction of more than one of its provisions. Because the two cases from the Court of Appeals for the Fourth Circuit which the Court today declines to review present examples of this difference on the important issue of how to determine when a party “prevails” within the meaning of the Act, I dissent from the denial of certiorari.

The Act, codified as the last sentence of 42 U. S. C. § 1988, provides for the discretionary award of attorney’s fees to the “prevailing party” in a lawsuit brought under one or more of eight specified statutes. The Senate Report accompanying the Act, S. Rep. No. 94-1011 (1976), provides that “[i]t is intended that the standards for awarding fees be generally the same as under the fee provisions of the 1964 Civil Rights Act.” Id., at 4. Two principal cases from this Court deal with the question of when a party shall recover attorney’s fees under the Civil Rights Act of 1964. Newman v. Piggy Park Enterprises, Inc., 390 U. S. 400 (1968), held that “one who succeeds in obtaining an injunction under . . . Title [II] should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Id., at 402. Christiansburg Garment Co. v. EEOC, 434 U. S. 412 (1978), held that a defendant who successfully defended a charge of employment discrimination under Title VII could recover attorney’s fees where the District Court found that the plaintiff’s action “was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Id., at 421.

In each of these cases, this Court found it unnecessary to decide any question respecting the definition of “prevailing party,” because in each case the suit had gone to judgment in favor of the party seeking attorney’s fees. Nor has this Court had occasion to define “prevailing party” as used in the Act. As more and more litigation has ensued in which claims for attorney’s fees are made under the Act, however, more troublesome questions as to when a party has “prevailed” have confronted the Courts of Appeals.

The Court of Appeals for the Fourth Circuit, in one of the judgments which the Court today declines to review, has established a test for determining when a party “prevails” within the meaning of § 1988. That test requires the trial court to determine

“ ‘the precise legal/factual condition that the fee claimant has sought to change or affect so as to gain a benefit or be relieved of a burden. With this condition taken as a benchmark, inquiry may turn to whether as a quite practical matter the outcome ... is one to which the plaintiff fee claimant’s efforts contributed in a significant way, and which does involve an actual conferral of benefit or relief from burden when measured against the benchmark condition.’” 651 P. 2d 214, 217 (1981), quoting Bonnes v. Long, 599 F. 2d 1316, 1319 (CA4 1979).

This test, which focuses only on the factual question of whether the lawsuit caused a change favorable to the plaintiff, apparently is well established in the Fourth Circuit, for it was followed by the Court of Appeals in another case denied review today, Young v. Kenley, 641 F. 2d 192 (1981). The effect of the Bonnes test is best demonstrated by the facts of Young.

Willie E. Young, a black woman, was hired in 1973 as a public health nurse by the Virginia State Department of Health. Because Young had graduated from a school that was not accredited by the National League of Nursing, she was assigned a category “A” position, the lowest salary level for public health nurses in Virginia. Although she was promoted to level “B” after complaining to the State’s Equal Opportunity Coordinator, she was denied further promotion for lack of an accredited degree.

In February 1977, the Health Department eliminated the regulation which barred Young from further promotion, and on June 23, 1978, the Deputy State Health Commissioner invited Young to apply for advancement. Two days later, the change in policy notwithstanding, Young filed a complaint in federal court alleging that the State’s promotion policy violated 42 U. S. C. § 1981 and § 1983. Although the complaint was dismissed for failure to obtain a right-to-sue letter from the Equal Employment Opportunity Commission (to which she had complained about the State’s policy in 1976), and although she qualified for promotion in September 1978 by taking and passing the State’s merit examination, Young filed an amended complaint in October 1978. A hearing was held on November 2, 1978, and the parties reached a settlement two weeks later. The settlement granted Young a promotion to public health nurse level “C” retroactive to March 1977 with $992 in backpay, and upgraded her current position from level “B” to level “C” so that she would not have to relocate within the State.

The United States District Court for the Eastern District of Virginia twice denied Young’s request for § 1988 attorney’s fees, once after the settlement and once after a remand from the Court of Appeals. The District Court found that her “suit was wholly ineffective to remove [the regulatory] bar to promotion since the bar had been removed by a voluntary, unrelated act of the defendant well before [Young’s] suit was instituted.” Young v. Kenley, 485 F. Supp. 365, 368 (1980). The District Court also found that the objectives of the Act would not be furthered by the award of attorney’s fees in this case: “While actions by ‘private attorneys general’ are to be rewarded under the attorney’s fees provision, it could not be intended that a party be encouraged to file a suit where litigation would be superfluous. A benefit which can be obtained by an informal request need not be the subject of a formal demand.” Id., at 370.

Applying the standard set forth in Bonnes, the Court of Appeals for the Fourth Circuit reversed the denial of attorney’s fees. In a brief per curiam opinion the court stated:

“The district court properly noted that a plaintiff whose case ends in settlement may be considered a ‘prevailing party’ under the civil rights attorney’s fees provisions. In making its determination whether the plaintiff was in fact the ‘prevailing party,’ the court applied the test set forth in Nadeau v. Helgemoe, 581 F. 2d 275 (1st Cir., 1978). After the district court rendered its opinion, this court issued its decision in Bonnes [v. Long, 599 F. 2d 1316 (1979)]. Bonnes establishes the test to be applied in this circuit for the consideration whether a party to a case which ends in settlement is a ‘prevailing party’ within the meaning of 42 U. S. C. §§ 1988 and 2000e-5(k).
“Accordingly, the order of the district court is vacated and the case remanded for further proceedings consistent with this opinion.” Young v. Kenley, 614 F. 2d 373, 374 (1979).

It would thus seem that the Court of Appeals for the Fourth Circuit implicitly recognized that its so-called Bonnes test conflicted with that followed by the Court of Appeals for the First Circuit in Nadeau v. Helgemoe, 581 F. 2d 275 (1978). The District Court on remand certainly treated the Court of Appeals’ brief per curiam opinion as having this effect: “[I]t is apparent from the language of the . . . per curiam memorandum vacating and remanding this case, that a Nadeau analysis is inappropriate in this Circuit. A Bonnes analysis is required.” 485 F. Supp., at 366.

The District Court, attempting to follow the “Bonnes analysis,” again declined to award attorney’s fees. Upon a second appeal, the Fourth Circuit reversed outright the denial of attorney’s fees.' It found that Young had obtained discernible benefits which she did not have before the suit was initiated: backpay and reclassification of her position to level “C.” 641 F. 2d, at 195. That the receipt of these benefits was “caused” by the suit was evident to the Court of Appeals from the fact of settlement: “[Settlement in the midst of trial demonstrates [that] the lawsuit and the benefits obtained are causally related.” Ibid. Thus, by filing a lawsuit to change a regulation which had already been changed, to obtain a promotion for which she had already qualified at the invitation of the State, and to receive other benefits which the District Court found were available upon informal request, Young became entitled to attorney’s fees as a prevailing party under the standard adopted by the Court of Appeals for the Fourth Circuit.

A different approach to §1988, and one which demonstrates the divergence of views among the Courts of Appeals, is that set forth by the Court of Appeals for the First Circuit in Nadeau v. Helgemoe, supra. Like the Bonnes test, the Nadeau test requires that the lawsuit result in some discernible benefit to the plaintiff. Unlike the Bonnes test, the Nadeau test also requires that the benefit have some basis in law:

“Even if plaintiffs can establish that their suit was causally related to the defendants’ actions which improved their condition, this is only half of their battle. The test they must pass is legal as well as factual. If it has been judicially determined that defendants’ conduct, however beneficial it may be to plaintiffs’ interests, is not required by law, then defendants must be held to have acted gratuitously and plaintiffs have not prevailed in a legal sense.” 581 F. 2d, at 281.

Under this second requirement of the Nadeau test, it is doubtful that Young would have prevailed in her request for attorney’s fees. Because the law already entitled her to every benefit she was seeking by litigation, it cannot be said that the benefits received in settlement were legally caused by her lawsuit.

In my view, the standard adopted by the Court of Appeals for the First Circuit in Nadeau more closely approaches the intent of Congress in amending § 1988 than does the Bonnes standard of the Court of Appeals for the Fourth Circuit. When it passed the Act, Congress was aware that “[t]he effective enforcement of Federal civil rights statutes depends largely on the efforts of private citizens,” H. R. Rep. No. 94-1558, p. 1 (1976), and that “a vast majority of the victims of civil rights violations cannot afford legal counsel [and] are unable to present their cases to the courts.” Ibid. Accordingly, the Act was passed to encourage the “vigorous enforcement of modem civil rights legislation,” S. Rep. No. 94-1011, p. 4 (1976), by “‘private attomey[s] general’ advancing the rights of the public at large, and not merely some narrow parochial interest.” 122 Cong. Rec. 35122 (1976) (remarks of Rep. Drinan, sponsor).

It is clear beyond peradventure that unless an action brought by a private litigant contains some basis in law for the benefits ultimately received by that litigant, the litigant cannot be said to have “enforced” the civil rights laws or to have promoted their policies for the benefit of the public at large. The Bonnes standard, at least as applied in No. 80-2153, seems largely to disregard this central purpose of § 1988, awarding attorney’s fees even if the discernible benefit was conferred gratuitously by the defendant or was undertaken simply to avoid further litigation expenses. I would grant certiorari in one or both of these cases to resolve the conflict among the Circuits and to establish a standard consistent with the purposes of the Act.

       The relevant portion of 42 U. S. C. § 1988 provides:
      “In any action or proceeding to enforce a provision of sections 1981, 1982, 1983,1985, and 1986 of this title, title IX of Public Law 92-318 [20 U. S. C. § 1681 et seq.], or in any civil action or proceedings, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964 [42 U. S. C. § 2000d et seq.], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”

       Section 706(k) of Title II of the Civil Rights Act of 1964 provides in full: “In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.” 42 U. S. C. §2000e-5(k).

       The Nadeau test does not require a finding that the plaintiff would have prevailed on the merits, nor does it require the trial court to hold the very trial which the settlement was intended to avoid. As the Court of Appeals explained, at the time of settlement the trial court in most cases will have had “sufficient exposure to the facts and law ... to determine, whether if the plaintiffs had continued to press their claims . . . , their action could be considered ‘frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.’ If the court reaches that conclusion, we think it should deny plaintiffs’ attorney’s fees on those issues regardless of the impact of their suit on defendants’ willingness to improve the conditions of. . . the plaintiff class.” 581F. 2d, at 281 (citation omitted), quoting Christiansburg Garment Co. v. EEOC, 434 U. S. 412, 422 (1978).