author: Justice Stevens,

text:
    No. 91-6392.
    Head v. Thornburg, Attorney General of North Carolina.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pawperis denied pursuant to this Court’s Rule 39.8. Petitioner is allowed until March 23, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Stevens,

with whom Justice Blackmun joins,

dissenting.

Earlier this Term, the Court applied its new Rule 39.8 for the first time, denying in forma pauperis status to two indigent litigants — Vladimir Zatko and James Martin. Zatko v. California, 502 U. S. 16 (1991) (per curiam). In explaining its action, the Court emphasized that Zatko and Martin were “unique.” Id., at 18. What distinguished these petitioners, the Court explained, was not the frivolousness, but the frequency of their filings. Indeed, the Court found it “important to observe” that it had not applied Rule 39.8 to numerous other frivolous petitions. Ibid. The Court noted that these other petitions were denied “in the usual manner, underscoring our commitment to hearing the claims, however meritless, of the poor.” Ibid.

Zatko had filed 73 petitions in this Court over the past 10 years; Martin had filed more than 45. Id., at 17. In invoking Rule 39.8 today, the Court denies leave to proceed in forma pauperis to petitioner Joseph Head. Head has previously filed one petition in this Court.

Today’s action thus represents an unexplained expansion of Rule 39.8 and an apparent rejection of the explanation for the action taken with respect to petitioners Zatko and Martin. I would grant leave to proceed informa pauperis, deny the petition for writ of certiorari, and get on with the business of the Court.

       This Court’s Rule 39.8 provides:
      “If satisfied that a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ, as the case may be, is frivolous or malicious, the Court may deny a motion for leave to proceed in forma pauperis.”

       See Head v. Pinion, 500 U. S. 956 (1991).


source: Caselaw Access Project

license: Public Domain

text:
    No. 91-6781.
    Kattula v. United States.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until March 23, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.


text:
    No. 91-7005.
    No. 91-7203.
    In re Giles; and In re Kaltenbach.
   Petitions for writs of ha-beas corpus denied.


text:
    No. 91-6926.
    No. 91-6964.
    In re Marin; and In re Zolicoffer.
   Petitions for writs of mandamus denied.


text:
    No. 91-687.
    Montana v. Imlay.
   Sup. Ct. Mont. Certiorari granted.


text:
    No. 91-719.
    Parke, Warden v. Raley.
   C. A. 6th Cir. Cer-tiorari granted.


text:
    No. 91-781.
    United States v. A Parcel of Land, Buildings, Appurtenances, and Improvements, Known as 92 Buena Vista Avenue, Rumson, New Jersey, et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 91-905.
    Barr, Attorney General, et al. v. Flores et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 91-946.
    Church of Scientology of California v. United States et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 91-1188.
    Rowland, Former Director, California Department of Corrections, et al. v. California Men’s Colony, Unit II Men’s Advisory Council.
   C. A. 9th Cir. Cer-tiorari granted.


text:
    No. 91-6194.
    Crosby v. United States.
   C. A. 8th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 91-6646.
    Hadley v. United States.
   C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 91-560.
    Cook et al. v. Alexander et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-676.
    Gumby et al. v. General Public Utilities Corp. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-691.
    No. 91-1045.
    Thulen v. Bausman, Sheriff, Carroll County, Illinois; and Upton v. Thompson, Sheriff of Kankakee County.
   C. A. 7th Cir. Certiorari denied. Reported below: 930 F. 2d 1209.


text:
    No. 91-761.
    Penn Central Corp. v. United States et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-843.
    Little Forest Medical Center of Akron v. Ohio Civil Rights Commission.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-915.
    ISCA Enterprises et al. v. City of New York et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 91-918.
    Kalan Inc. v. United States; and Hospital Corporation of America v. United States.
   C. A. Fed. Cir. Certiorari denied. Reported below: 944 F. 2d 847 (first case); 945 F. 2d 417 (second case).


text:
    No. 91-986.
    Sherman v. United States et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1019.
    Clemons et al. v. Federal Deposit Insurance Corporation.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1052.
    Goodwin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1081.
    Wirsing v. Board of Regents of University of Colorado et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-1082.
    Foster v. Rutgers, The State University, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1100.
    Funnell v. Martin.
   Ct. App. Okla. Certio-rari denied.


text:
    No. 91-1102.
    Chez Sez III Corp. et al. v. Township of Union et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1103.
    Central GMC, Inc. v. General Motors Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-1110.
    Harwood v. Partredereit af. 15.5.81.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-1119.
    McGill v. Duckworth et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-1121.
    Willoughby v. Willoughby.
   Dist. Ct. App. Fla., 5th Dist. Certiorari denied.


text:
    No. 91-1126.
    Kutsko v. Superior Court of California, City and County of San Francisco (Kutsko, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 91-1127.
    Accardo et ux. v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-1129.
    Beck v. Beck.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 91-1137.
    Lin v. Securities and Exchange Commission.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1144.
    Starr v. City of Altoona et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1149.
    Noble v. National Mines Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1156.
    Locricchio et al. v. Evening News Assn., Inc., et al.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 91-1189.
    Evans, Individually and as Guardian of Evans, Ward and Spouse v. Northwest Airlines, Inc., et al.
   Ct. App. Minn. Certiorari denied.


text:
    No. 91-1223.
    Sanders v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1257.
    Guthrie, Now Deceased, by and Through Guthrie v. Tifco Industries, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5965.
    Pizzuto v. Idaho.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 91-6157.
    James v. United States.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 91-6189.
    Henderson v. Alabama.
   Sup. Ct. Ala. Cer-tiorari denied.


text:
    No. 91-6262.
    Arky v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 91-6290.
    Wood et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6365.
    Davis v. United States.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 91-6378.
    Rigsby v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-6476.
    Warner et al. v. Ellerbe et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6571.
    Ramos et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6690.
    Duncan v. California.
   Sup. Ct. Cal. Cer-tiorari denied.


text:
    No. 91-6771.
    Stowell, aka Tucker v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6788.
    Pedroza v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6828.
    Netelkos v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6878.
    Shelton v. Davis et al.; and Shelton v. Mattina et al.
    No. 91-6879.
   C. A. 2d Cir. Certiorari denied. Reported below: 948 F. 2d 1277.


text:
    No. 91-6881.
    Carter v. Barr et al.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 91-6912.
    Funk v. Loyalty Enterprises, Ltd.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6913.
    Taylor v. Schweitzer et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6930.
    Todaro v. Fulcomer, Deputy Commissioner, Western Region, Pennsylvania Department of Corrections, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6931.
    Brown v. William, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6937.
    Springer v. Roth, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6944.
    Nabkey v. Peckeral et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6945.
    Bahr v. Department of the Army.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-6947.
    Ferris v. Kass, Judge, Second Judicial Court.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6948.
    Dean v. Smith et al.
   C. A. 11th Cir. Certio-rari denied.


text:
    No. 91-6949.
    Dean v. Homeowner’s Repair Service et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6950.
    Usher v. Jones, Superintendent, Moberly Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6951.
    Schlup v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6955.
    Gaunce v. Burgener et al.
   C. A. -9th Cir. Certiorari denied.


text:
    No. 91-6960.
    Florian v. LeFevre, Superintendent, Franklin Correctional Facility, et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-6971.
    Shabazz v. Arkansas.
   Sup. Ct. Ark. Cer-tiorari denied.


text:
    No. 91-6975.
    Davis v. Jabe, Warden.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-6976.
    Widenhouse v. Louisiana.
   Ct. App. La., 2d Cir. Certiorari denied.


text:
    No. 91-6980.
    Shaw v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 91-6981.
    Wesley v. Redman et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6982.
    White v. Singletary, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certio-rari denied.


text:
    No. 91-6983.
    Messer v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 91-6984.
    Vorhauer v. Nix et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 91-6985.
    Brooks et al. v. Georgia.
   Ct. App. Ga. Cer-tiorari denied.


text:
    No. 91-6987.
    Alleyn v. Warden, Smithfield State Prison.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 91-6990.
    Harris v. Vasquez, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6994.
    Mitchell v. Renfro et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6998.
    Pariseau v. Jago, Superintendent, London Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7020.
    Lawson v. Lewis et al.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 91-7022.
    Murray v. Department of Health and Rehabilitative Services.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-7024.
    Rub et al. v. Adolph Rub Trust et al.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 91-7044.
    Watts v. United States.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 91-7055.
    Diaz-Reyes v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7057.
    Hunter v. Lindler, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7082.
    Dingess v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7090.
    Schmalzried v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7091.
    Peters v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7093.
    McCafferty v. Leapley, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7099.
    Moore v. Barr, Attorney General of the United States, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7100.
    Owens v. Department of Veterans Affairs.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7110.
    Jackson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7114.
    Farris v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 91-7125.
    Swinick v. Diamond et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 91-7126.
    Miller v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7137.
    Parker v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 91-7144.
    Williams v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7148.
    Daniels v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7155.
    Privette v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7161.
    Singletary v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7167.
    Adedeji v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7194.
    Echols v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7195.
    Pea v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-7196.
    Ocampo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7222.
    Ramirez v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


author: Justice White,

text:
    No. 91-785.
    Christophersen, Surviving Spouse of Christopherson, Deceased, et al. v. Allied-Signal Corp. et al.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

This ease concerns the appropriate standard for determining the admissibility of expert testimony. It is an issue that has long divided the federal courts, see Mustafa v. United States, 479 U. S. 953 (1986) (White, J., joined by Brennan, J., dissenting from denial of certiorari), and here deeply divided the Court of Appeals for the Fifth Circuit, sitting en banc.

Albert Roy Christophersen died of a rare form of cancer in 1986. Petitioners, his widow and son, brought suit, claiming that Christophersen’s illness was caused by fumes from the manufacture of nickel/cadmium batteries in the factory where he had worked for 14 years. Petitioners based this claim upon the expert opinion of an internist and toxicologist. Respondents contended that there was no reliable basis for the expert’s views and moved for summary judgment. The United,States District Court for the Western District of Texas agreed that the doctor’s affidavit was “not based upon the type of evidence usually relied upon by experts in the field of cancer research” and entered judgment for respondents. App. C to Pet. for Cert. 74-75.

A panel of the Court of Appeals reversed, 902 F. 2d 362 (1990), but on rehearing en banc, eight members of the court voted to affirm the judgment of the District Court, based in part on their conclusion that the admissibility of an expert witness’ evidence should turn on whether his or her methodology is generally accepted within the scientific community. 939 F. 2d 1106 (1991) (per curiam). This standard, known as the Frye test, was announced almost 70 years ago. See Frye v. United States, 54 App. D. C. 46, 293 F. 1013 (1923). But five members of the Court of Appeals concluded that the Frye test was not the applicable evidentiary standard. 939 F. 2d, at 1116 (Clark, C. J., concurring in result); id., at 1122, 1136 (Reavley, King, Johnson, Wiener, JJ., dissenting in two opinions).

As the Fifth Circuit is divided, so the Courts of Appeals are in disagreement. Some continue to apply the approach set forth in Frye in deciding whether expert evidence is admissible. E. g., Daubert v. Merrell Dow Pharmaceuticals, Inc., 951 F. 2d 1128 (CA9 1991); United States v. Two Bulls, 918 F. 2d 56 (CA8 1990); United States v. Smith, 869 F. 2d 348 (CA7 1989). But courts in other Circuits have concluded that Frye was superseded in 1975 by the Federal Rules of Evidence, which they maintain established a lower threshold for determining the admissibility of expert evidence. E.g., United States v. Jakobetz, 955 F. 2d 786 (CA2 1992); DeLuca v. Merrell Dow Pharmaceuticals, Inc., 911 F. 2d 941 (CA3 1990). Because this is an important and recurring issue, I would grant certiorari to resolve the conflict.


text:
    No. 91-883.
    Children’s Legal Foundation, Inc., et al. v. Action for Children’s Television et al.; and Federal Communications Commission et al. v. Action for Children’s Television et al.
    No. 91-952.
   C. A. D. C. Cir. Certiorari denied.

Justice White and Justice O’Connor would grant certiorari. Justice Thomas took no part in the consideration or decision of these petitions.

Reported below: 290 U. S. App. D. C. 4, 932 F. 2d 1504.


text:
    No. 91-966.
    Michigan v. Mason.
   Ct. App. Mich. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-1148.
    South Carolina v. Manning.
   Sup. Ct. S. C. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-995.
    Del Tufo, Attorney General of New Jersey, et al. v. Ivy Club.
   C. A. 3d Cir. Motion of Tiger Inn for leave to file a brief as amicus curiae out of time denied. Certio-rari denied.


text:
    No. 91-1072.
    Utah v. Sampson.
   Ct. App. Utah. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Justice White and Justice O’Connor would grant certiorari.


text:
    No. 91-1109.
    Camoscio v. Rouse, Judge.
   Sup. Jud. Ct. Mass. Motion of petitioner for an order to direct respondent to correct the court docket denied. Certiorari denied.


text:
    No. 91-1117.
    Southwestern Bell Telephone Co. v. Langston et al.
   C. A. Fed. Cir. Certiorari denied.

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


text:
    No. 91-1166.
    Phonetele, Inc. v. American Telephone & Telegraph Co. et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 91-789.
    No. 91-6312.
    Grunst v. United States et al., Damian v. Federal Express Corp., Kent v. Department of Labor, Newcomb v. Ingle et al., Johnson v. United States,
   502 U. S. 1034;

502 U. S. 1050;

No. 91-6390.

No. 91-6438.

No. 91-6472.

502 U. S. 1042;

502 U. S. 1044; and

502 U. S. 1063. Petitions for rehearing denied.


text:
    March 3, 1992
    No. 91-7476 (A-651).
    Ellis v. Texas.
   Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied.

Justice Blackmun and Justice Souter would grant the application for stay of execution.


text:
    No. 91-7477 (A-652).
    Ellis v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied.

Justice Blackmun and Justice Souter would grant the application for stay of execution.


text:
    March 6, 1992
    No. 91-891.
    Eichleay Corp. v. International Association of Bridge, Structural & Ornamental Iron Workers et al.
   C. A. 3d Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. 91-7240 (A-641).
    Robison v. Oklahoma.
   Ct. Crim. App. Okla. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari denied.


text:
    March 9, 1992
    No. 91-1182.
    City of Emporia, Kansas v. Renfro et al.
   C. A. 10th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. 88-790.
    Turnock, Director of the Illinois Department of Public Health, et al. v. Ragsdale et al.
   C. A. 7th Cir. [Probable jurisdiction postponed, 492 U. S. 916.] Appeal dismissed under this Court’s Rule 46.


text:
    No. 90-7699.
    Minniefield v. Perkins.
   C. A. 5th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Hudson v. McMillian, ante, p. 1.


text:
    No.-.
    Van Woundenberg v. Oklahoma.
   Motion for leave to proceed in forma pauperis without an affidavit of indi-gency executed by petitioner granted.


text:
    No. D-1060.
    In re Disbarment of Blumenfeld.
    [For earlier order herein, see 502 U. S. 1010.]
   Disbarment entered.


text:
    No. D-1061.
    In re Disbarment of Waldron.
    [For earlier order herein, see 502 U. S. 1010.]
   Disbarment entered.


text:
    No. D-1064.
    In re Disbarment of Solomon.
    [For earlier order herein, see 502 U. S. 1011.]
   Disbarment entered.


text:
    No. D-1067.
    In re Disbarment of Cardin.
    [For earlier order herein, see 502 U. S. 1026.]
   Disbarment entered.


text:
    No. D-1091.
    In re Disbarment of Crabtree.
   It is ordered that Granville H. Crabtree, Jr., of Sarasota, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1092.
    In re Disbarment of Devine.
   It is ordered that Stephen John Devine, of Norristown, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1093.
    In re Disbarment of Robbins.
   It is ordered that Alan E. Robbins, of Van Nuys, Cal, be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 108,
    Orig.
    Nebraska v. Wyoming et al.
    [For earlier order herein, see, e. g., 502 U. S. 1055.]
   Motions of National Audubon Society and Platte River Whooping Crane Critical Habitat Maintenance Trust for leave to file briefs as amici curiae granted.


text:
    No. 90-747.
    United States Department of State v. Ray et al.,
   502 U. S. 164. Motion of respondents to retax costs denied.

Justice Blackmun would grant this motion.


text:
    No. 90-1676.
    Gade, Director, Illinois Environmental Protection Agency v. National Solid Wastes Management Assn.
   C. A. 7th Cir. [Certiorari granted, 502 U. S. 1012.] Motion of the Solicitor General to permit William K. Kelly, Esq., to present oral argument pro hoc vice granted.


text:
    No. 91-17.
    Estate of Cowart v. Nicklos Drilling Co. et al.
   C. A. 5th Cir. [Certiorari granted, 502 U. S. 1008.] Motions of Petroleum Helicopters, Inc., et al. and National Association of Stevedores et al. for leave to file briefs as amici curiae granted.


text:
    No. 91-542.
    Wright, Warden, et al. v. West.
   C. A. 4th Cir. [Certiorari granted, 502 U. S. 1012.] Motion of the Attorney General of North Dakota to withdraw as amicus curiae granted.


text:
    No. 91-543.
    No. 91-558.
    No. 91-563.
    New York v. United States et al.; County of Allegany, New York v. United States et al.; and County of Cortland, New York v. United States et al.
   C. A. 2d Cir. [Certiorari granted, 502 U. S. 1023.] Motion of respondents Washington et al. for divided argument granted.


text:
    No. 91-763.
    Republic of Argentina et al. v. Weltover, Inc., et al.
   C. A. 2d Cir. [Certiorari granted, 502 U. S. 1024.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 91-786.
    Clarke v. Loma Linda Foods, Inc., et al.,
   502 U. S. 1034. Respondents are invited to file a response to the petition for rehearing within 30 days.


text:
    No. 91-894.
    Maxie et al. v. Felix,
   502 U. S. 1093. Motion of respondent for leave to proceed in forma pauperis granted.


text:
    No. 91-1195.
    Beijing Ever Bright Industrial Co. v. Timber Falling Consultants, Inc.
   C. A. 9th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 91-1370.
    King v. Palmer, Director, District of Columbia Department of Corrections, et al.
   C. A. D. C. Cir. Motion of petitioner to expedite consideration of the petition for writ of certiorari denied.

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


text:
    No. 91-6821.
    In re Anderson.
   Petition for writ of mandamus denied.


text:
    No. 91-1010.
    Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 91-1200.
    City of Cincinnati v. Discovery Network, Inc., et al.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 91-6516.
    Soldal et ux. v. Cook County, Illinois, et al.
   C. A. 7th Cir. Motion of petitioners for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 90-1208.
    Pearson et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-8325.
    Joubert v. Nebraska.
   Sup. Ct. Neb. Cer-tiorari denied.


text:
    No. 91-873.
    Ryan et al. v. City of Chicago et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 91-914.
    Young v. Sullivan, Secretary of Health and Human Services.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-947.
    Finkelman v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-967.
    Teich v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-997.
    Official Committee of Unsecured Creditors of White Farm Equipment Co. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-1001.
    Nye County, Nevada, et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1074.
    Meyer v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1113.
    No. 91-1114.
    Legislature of the State of California et al. v. Eu et al.; and Californians for a Citizen Government v. Legislature of the State of California et al.
   Sup. Ct. Cal. Certiorari denied. Reported below: 54 Cal. 3d 492, 816 P. 2d 1309.


text:
    No. 91-1130.
    Illinois v. Krueger.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 91-1143.
    Owens-Corning Fiberglas Corp. et al. v. Webb et al.
   Ct. App. Tex., 6th Dist. Certiorari denied.


text:
    No. 91-1147.
    Gnatovich v. Ohio.
   Ct. App. Ohio, Medina County. Certiorari denied.


text:
    No. 91-1150.
    Jama Construction Corp., Inc. v. City of Los Angeles et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1154.
    Standard Fruit Co. et al. v. Republic of Nicaragua.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1165.
    Illinois v. Casazza et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 91-1167.
    Sky Chefs, Inc. v. Dias.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1168.
    International Eateries of America, Inc. v. Broward County, Florida.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1174.
    Meyers v. Kallestead, dba Bette Mom’s Tavern.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 91-1181.
    Coleman v. Virginia.
   Sup. Ct. Va. Certio-rari denied.


text:
    No. 91-1187.
    Hooper v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 91-1190.
    Arizona v. Quinton.
   Ct. App. Ariz. Certio-rari denied.


text:
    No. 91-1192.
    Lake at Las Vegas Investors Group, Inc. v. Transcontinental Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1215.
    Blas, as Personal Representative of the Estate of Blas v. Government of Guam et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1245.
    Dennis v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-1298.
    Nowicki v. Wisconsin Supreme Court, Judicial Administrative Districts 1, 2, and 3, et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 91-6239.
    Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6296.
    Jacobs v. Supreme Court of Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 91-6542.
    Coletti v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6638.
    Lewis v. Texas.
   Ct. Crim. App. Tex. Certio-rari denied.


text:
    No. 91-6668.
    Lewis v. Russe et al.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 91-6672.
    Foster v. Georgia et al.
   Sup. Ct. Ga. Cer-tiorari denied.


text:
    No. 91-6703.
    Davis v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 91-6724.
    Medina v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6750.
    Manfred v. Derwinski, Secretary of Veterans Affairs.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-6763.
    Boyle v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 91-6784.
    Toro Aristizabal v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-6816.
    Bonham v. Bobo et al.
   C. A. D. C. Cir. Cer-tiorari denied.


text:
    No. 91-6823.
    Weninger v. Brooks.
   C. A. 10th Cir. Certio-rari denied.


text:
    No. 91-6872.
    Demarest v. Manspeaker, Clerk of the United States District Court for the District of Colorado, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6890.
    Cox v. United States.
   C. A. 8th Cir. Cer-tiorari. denied.


text:
    No. 91-6952.
    Kennedy v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 91-6993.
    Maurer v. Los Angeles County Sheriff’s Department et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7000.
    Sun v. Forrester.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7003.
    Dixon v. Department of Services for Children et al.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 91-7009.
    Cain v. Redman, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7011.
    Steele v. Minnesota.
   Ct. App. Minn. Cer-tiorari denied.


text:
    No. 91-7026.
    Covillion v. Aetna Life & Casualty et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-7029.
    Butler v. Burton, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7032.
    Jackson v. Dow Chemical Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7033.
    Fresquez v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 91-7035.
    Keyes v. Huckleberry House et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7042.
    Robinson v. Ponte, Superintendent, Old Colony Correctional Center.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-7043.
    Ortis et al. v. Delmar Offshore, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7046.
    McKinney v. Singletary, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7068.
    Elder v. Hahn, Superintendent, Tennessee Federal Prison Camp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7095.
    Prather v. Thomas et al.
   Sup. Ct. Ga. Cer-tiorari denied.


text:
    No. 91-7096.
    Phelps v. Angelone, Director, Nevada Department of Prisons, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7112.
    Nabraski v. Workers’ Compensation Appeals Board et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-7180.
    Smith v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-7192.
    Walsh v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-7199.
    Anderson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7202.
    Gale v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-7205.
    Gallardo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7208.
    Allred v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7209.
    Bock, aka Cullom v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7217.
    Cooper v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7227.
    Mitchell v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-7253.
    Clay v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 91-774.
    Hiersche, Personal Representative of the Estate of Hiersche, Deceased v. United States.
   C. A. 9th Cir. Certiorari denied.

Opinion of

Justice Stevens,

respecting the denial of the petition for writ of certiorari.

Petitioner asks us to resolve a recurring conflict- among the Courts of Appeals concerning the meaning of a once obscure sentence in §3 of the Mississippi River Flood Control Act of 1928. During the past decade that sentence has assumed greater and greater importance because it has provided the Government with a defense to claims for personal injury and death caused by federal negligence, gross negligence, and even “conscious governmental indifference to the safety of the public.” United States v. James, 478 U. S. 597, 600 (1986) (citation and internal quotation marks omitted).

This is the latest in an expanding series of tragic cases. Jerome Hiersche, a professional diver, contracted with the Government to inspect submerged fish screens at the hydroelectric intake on the John Day Dam on the Columbia River between Oregon and Washington. Although Government employees assured him that the water flow to the fish bypass system would be shut off, they negligently failed to do so. Petitioner’s head was drawn into an orifice in the fish bypass system, and he suffered fatal injuries. The Government defended this wrongful-death action on the ground that the 1928 Act immunizes it from liability for all personal injuries caused by its employees in federal flood-control projects. Following this Court’s unfortunate decision in James, as well as settled precedent in the Ninth Circuit, the District Court and the Court of Appeals sustained that defense.

Since 1928 when Congress authorized the construction of the levees on the banks of the Mississippi River, the number and importance of federal flood-control projects has grown dramatically. In addition to controlling floods, these projects generate hydroelectric power and create artificial lakes that serve important recreational and conservation purposes. In some Circuits the Government’s flood-control immunity would not constitute a defense in the case of injuries resulting from Government conduct that was unrelated to any flood-control purpose, see, e. g., Boyd v. United States ex rel. United States Army, Corps of Engineers, 881 F. 2d 895 (CA10 1989); Hayes v. United States, 585 F. 2d 701 (CA4 1978). If this case had arisen in one of those Circuits, the claim would likely succeed because Hiersche’s assignment related to fish conservation and power generation, rather than flood control. But in the Ninth Circuit, if flood control was one of the purposes of the Act of Congress authorizing the project itself, the immunity applies. The Seventh Circuit has suggested that immunity might depend on whether the flood-control activities at the project increased the probability of injury. See Fryman v. United States, 901 F. 2d 79 (CA7), cert. denied, 498 U. S. 920 (1990).

This Court has a duty to resolve conflicts among the courts of appeals. As several scholars have recognized, however, that duty is not absolute. Some conflicts are tolerable. Others can be resolved more effectively by Congress. This is such a case.

The statute at issue here is an anachronism. It was enacted 18 years before the Federal Tort Claims Act, 28 U. S. C. § 2671 et seq., waived the Federal Government’s sovereign immunity from liability for personal injuries. At the time of its enactment, no consideration was given to the power generation, recreational, and conservation purposes of flood-control projects, or to their possible impact on the then nonexistent federal liability for personal injury and death caused by the negligent operation of such projects. Today this obsolete legislative remnant is nothing more than an engine of injustice. Congress, not this Court, has the primary duty to confront the question whether any part of this harsh immunity doctrine should be retained.

       Section 3 of the statute, which is now codified as 33 U. S. C. § 702c, reads in full as follows:
      “Sec. 3. Except when authorized by the Secretary of War upon the recommendation of the Chief of Engineers, no money appropriated under authority of this Act shall be expended on the construction of any item of the project until the States or levee districts have given assurances satisfactory to the Secretary of War that they will (a) maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the provisions of section 4; (c) provide without cost to the United States, all rights of way for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes.

        “No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however, That if in carrying out the purposes of this Act it shall be found that upon any stretch of the banks of the Mississippi River it is impracticable to construct levees, either because such construction is not economically justified or because such construction would unreasonably restrict the flood channel, and lands in such stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the construction of levees on the opposite banks of the river it shall be the duty of the Secretary of War and the Chief of Engineers to institute proceedings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands.” 45 Stat. 535-536 (emphasis added).

       As one court noted, while Congress often enacts special legislation to aid the victims of floods, thus mitigating the harsh effect of §702e with respect to property damage, Congress does not pass special legislation to assist individuals who suffer personal injury in flood-control waters as a result of Government negligence. See Fryman v. United States, 901 F. 2d 79, 80 (CA7), cert. denied, 498 U. S. 920 (1990).

       See McCarthy v. United States, 850 P. 2d 558 (1988), cert. denied, 489 U. S. 1052 (1989).

       See McCarthy v. United States, 850 F. 2d, at 562; see also Zavadil v. United States, 908 F. 2d 334 (CA8 1990) (per curiam), cert. denied, 498 U. S. 1108 (1991); Mocklin v. Orleans Levee District, 877 F. 2d 427 (CA5 1989).

       See generally A. Heilman, Unresolved Intercircuit Conflicts: The Nature and Scope of the Problem, Final Report: Phase I, pp. 66-80 (1991) (report of Federal Judicial Center); Wallace, The Nature and Extent of Intercircuit Conflicts: A Solution Needed for a Mountain or a Molehill?, 71 Calif. L. Rev. 913, 929-931 (1983).


text:
    No. 91-976.
    McGinnis, Director, Michigan Department of Corrections, et al. v. Sweeton et al.
   C. A. 6th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-994.
    Pennsylvania v. Welch.
   Super. Ct. Pa. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-1090.
    No. 91-1095.
    Schacht et al. v. Caterpillar, Inc.; and Binkley et al. v. Caterpillar, Inc.
   App. Ct. Ill., 3d Dist. Certiorari denied. Reported below: 213 Ill. App. 3d 169, 571 N. E. 2d 1215.

Justice White,

with whom Justice Blackmun joins,

dissenting.

These cases present the question whether, following our decision in Caterpillar Inc. v. Williams, 482 U. S. 386 (1987), a state-law cause of action is pre-empted under §301 of the Labor Management Relations Act by a defense based on a collective-bargaining agreement. A state-law cause of action is pre-empted under § 301 if its resolution is “substantially dependent on analysis of a collective-bargaining agreement.” Electrical Workers v. Hechler, 481 U. S. 851, 859, n. 3 (1987). See also Allis-Chalmers Corp. v. Lueck, 471 U. S. 202, 220 (1985).

In the decision below, petitioners based their claims solely on state law, but respondent’s defense invoked the provisions of a collective-bargaining agreement. The Illinois court held that petitioners’ state-law claims were pre-empted under § 301 because their resolution was substantially dependent on interpretation of the applicable collective-bargaining agreement. 213 Ill. App. 3d 169, 175-176, 571 N. E. 2d 1215, 1218 (1991). Several Federal Courts of Appeals similarly have held that a court must look to defenses to determine whether a claim requires interpretation of a collective-bargaining agreement. See, e.g., Smith v. Colgate-Palmolive Co., 943 F. 2d 764, 769-771 (CA7 1991); Hanks v. General Motors Corp., 859 F. 2d 67, 70 (CA8 1988).

By contrast, the Court of Appeals for the Third Circuit, relying on our decision in Caterpillar Inc. v. Williams, has held that “in order for there to be section 301 preemption, the plaintiff, in its well-pleaded complaint, must plead an action that requires interpretation of the collective bargaining agreement.” That court accordingly examined the claims presented in the complaint and found no §301 pre-emption. Berda v. CBS Inc., 881 F. 2d 20, 25 (1989). See also McCormick v. AT & T Technologies, Inc., 934 F. 2d 531, 545 (CA4 1991) (en banc) (Phillips, J., dissenting). The Illinois court below expressly rejected the reasoning of Berda.

I would grant certiorari to resolve this conflict.


text:
    No. 91-1220.
    Viehweg v. Devereux.
   C. A. 8th Cir. Motion of petitioner to strike and for sanctions denied. Certiorari denied.


text:
    No. 91-704.
    No. 91-755.
    No. 91-847.
    No. 91-6236.
    No. 91-6272.
    No. 91-6384.
    No. 91-6395.
    No. 91-6481.
    No. 91-6505.
    Ray v. Consolidated Rail Corporation, aka Conrail, Coral Construction Co. et al. v. King County, Washington, Johnson v. Johnson et al., Gargallo v. Quick & Reilly Clearing Corp. et al., Pressler v. United States Fidelity & Guaranty Co. et al., In re Rettig, Davis v. Stone Container Corp., Von Croney v. Garrett, Secretary of the Navy, Worth v. United States, Eno v. United States,
   502 U. S. 1048;

502 U. S. 1033;

502 U. S. 1059;

502 U. S. 1038;

502 U. S. 1039;

502 U. S. 1029;

502 U. S. 1042;

502 U. S. 1063;

502 U. S. 1064; and

No. 91-6648.

502 U. S. 1080. Petitions for rehearing denied.


text:
    No. 90-7830.
    Miller v. Georgia,
   501 U. S. 1259. Petition for rehearing denied.

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


text:
    No. 91-5257.
    Holland v. United States,
   502 U. S. 969. Motion for leave to file petition for rehearing denied.


text:
    March 10, 1992
    No. 91-7568 (A-673).
    Parks v. Reynolds, Warden, et al.
   C. A. 10th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari denied.


text:
    March 11, 1992
    No. 91-615.
    Allied-Signal, Inc., as Successor-in-Interest to the Bendix Corp. v. Director, Division of Taxation.
   Sup. Ct. N. J. [Certiorari granted, 502 U. S. 977.] Case restored to calendar for reargument during the April session. The parties are requested to simultaneously file with the Clerk of this Court and serve upon the parties, on or before 3 p.m., Friday, April 10, 1992, supplemental briefs addressing the following questions:

“1. Should the Court overrule ASARCO Inc. v. Idaho State Tax Comm’n, 458 U. S. 307 (1982), and F. W. Woolworth Co. v. Taxation and Revenue Dept. of New Mexico, 458 U. S. 354 (1982)?
“2. If ASARCO and Woolworth were overruled, should the decision apply retroactively?
“3. If ASARCO and Woolworth were overruled, what constitutional principles should govern state taxation of corporations doing business in several states?”

Replies thereto, if any, are to be filed with the Clerk and served upon the parties on or before noon, Friday, April 17, 1992. The views of amici curiae are invited.


text:
    No. 91-1420.
    Growe, Secretary of State of Minnesota, et al. v. Emison et al.
   Appeal from D. C. Minn. Motion to expedite consideration of jurisdictional statement granted. Ap-pellees’ response to the jurisdictional statement is to be filed with the Clerk of this Court and served upon counsel for appellants on or before 1 p.m., Monday, March 23, 1992.


text:
    March 12, 1992
    No. 91-7599 (A-684).
    Robison v. Reynolds, Warden, et al.
   C. A. 10th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari denied.


text:
    March 13, 1992
    No. A-687.
    Richards, as Next Friend of Pennell v. Delaware Court Officials.
   Application for stay of execution of sentence of death, presented to Justice Souter, and by him referred to the Court, denied.


text:
    March 14, 1992
    No. A-688.
    Pennell, as Next Friend of Pennell v. Risley, Adult Bureau Chief, Delaware Department of Correction.
   Application for stay of execution of sentence of death, presented to Justice Souter, and by him referred to the Court, denied.


text:
    March 20, 1992
    No. 91-1502.
    Franklin, Secretary of Commerce, et al. v. Massachusetts et al.
   Appeal from D. C. Mass. Motion to expedite consideration of statement as to jurisdiction granted. Probable jurisdiction noted. Motion to permit filings initially in typewritten form granted. The joint appendix is to be filed by Wednesday, March 25, 1992. If the State of Washington should wish to file any further papers on the application for stay, it must do so by Wednesday, March 25, 1992. Briefs on the merits are to be filed by the parties with the Clerk of this Court and served upon the parties on or before 3 p.m., Monday, April 13, 1992. Replies thereto, if any, are to be filed with the Clerk and served upon the parties on or before 3 p.m., Monday, April 20, 1992. The case is set for oral argument on Tuesday, April 21, 1992.


text:
    March 23, 1992
    No. 90-1977.
    Dupree et al. v. Moore, Attorney General of Mississippi, et al.
   Appeal from D. C. S. D. Miss. Judgment vacated and case remanded for further consideration in light of Clark v. Roemer, 500 U. S. 646 (1991).


text:
    No. 91-1210.
    Clinton, Governor of Arkansas, et al. v. Jeffers et al.
   Appeal from D. C. E. D. Ark. Judgment vacated and case remanded with instructions to enter a fresh judgment from which an appeal may be taken to the United States Court of Appeals for the Eighth Circuit.


text:
    No. 90-1164.
    Smith v. Black, Commissioner, Mississippi Department of Corrections, et al.
   C. A. 5th Cir. Certio-rari granted, judgment vacated, and case remanded for further consideration in light of Stringer v. Black, ante, p. 222.


text:
    No. 91-432.
    Moore v. Nevada.
   Sup. Ct. Nev. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dawson v. Delaware, ante, p. 159.


text:
    No. 91-701.
    Illinois v. Kelk.
   App. Ct. Ill, 4th Dist. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of Florida v. Jimeno, 500 U. S. 248 (1991).

Justice Stevens dissents.


text:
    No. 91-885.
    Easley v. Southern Shipbuilding Corp.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Southwest Marine, Inc. v. Gizoni, 502 U. S. 81 (1991).


text:
    No. 91-5293.
    Flanagan v. Nevada.
   Sup. Ct. Nev. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dawson v. Delaware, ante, p. 159.


text:
    No. 91-5787.
    Prows v. United States.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of McCarthy v. Madigan, ante, p. 140.


text:
    No. 91-6700.
    Kochekian v. United States.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Williams v. United States, ante, p. 193.


text:
    No. 91-7135.
    Jefferies v. South Carolina.
   Ct. App. S. C. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Yates v. Evatt, 500 U. S. 391 (1991).


text:
    No.-.
    Travers et al. v. Bullis School, Inc.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-681.
    Union Mortgage Co., Inc. v. Barlow et al.
   Sup. Ct. Ala. Application for stay of mandate, presented to Justice O’Connor, and by her referred to the Court, denied.


text:
    No. D-1066.
    In re Disbarment of Kros.
   James John Kros, of Aurora, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on January 13, 1992 [502 U. S. 1026], is hereby discharged.


text:
    No. D-1068.
    In re Disbarment of White.
    [For earlier order herein, see 502 U. S. 1026.]
   Disbarment entered.


text:
    No. D-1069.
    In re Disbarment of Baker.
    [For earlier order herein, see 502 U. S. 1026.]
   Disbarment entered.


text:
    No. D-1074.
    In re Disbarment of Clements.
    [For earlier order herein, see 502 U. S. 1054.]
   Disbarment entered.


text:
    No. D-1075.
    In re Disbarment of Pack.
    [For earlier order herein, see 502 U. S. 1055.]
   Disbarment entered.


text:
    No. D-1076.
    In re Disbarment of Ratliff.
    [For earlier order herein, see 502 U. S. 1055.]
   Disbarment entered.


text:
    No. D-1094.
    In re Disbarment of Feige.
   It is ordered that Hans Charles Otto Feige, of Coral Springs, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1095.
    In re Disbarment of O’Bryan.
   It is ordered that Adrian F. O’Bryan, of Louisville, Ky., 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-1096.
    In re Disbarment of Garrick.
   It is ordered that Max Carleton Garrick, Jr., of Whittier, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1097.
    In re Disbarment of Friedman.
   It is ordered that Bruce Alan Friedman, of Los Angeles, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1098.
    In re Disbarment of Kenney.
   It is ordered that Michael Thomas Kenney, of Santa Ana, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 90-1258.
    Gomez, Warden, Deuel Vocational Institution of California v. McKinney,
   502 U. S. 1025. Motion of respondent to retax costs granted.


text:
    No. 90-1918.
    Kraft General Foods, Inc. v. Iowa Department of Revenue and Finance.
   Sup. Ct. Iowa. [Certiorari granted, 502 U. S. 1056.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 90-8370.
    Medina v. California.
   Sup. Ct. Cal. [Certio-rari granted, 502 U. S. 924.] Motion of petitioner for leave to file a supplemental brief after argument denied.


text:
    No. 91-155.
    No. 91-339.
    International Society for Krishna Consciousness, Inc., et al. v. Lee, Superintendent of Port Authority Police; and Lee, Superintendent of Port Authority Police v. International Society for Krishna Consciousness, Inc., et al.
   C. A. 2d Cir. [Certiorari granted, 502 U. S. 1022.] Motion of petitioners/cross-respondents to strike amicus curiae brief of Airports Association Council International-North America denied.


text:
    No. 91-538.
    Forsyth County, Georgia v. Nationalist Movement.
   C. A. 11th Cir. [Certiorari granted, 502 U. S. 1023.] Motions of American Civil Liberties Union et al. and Public Citizen for leave to file briefs as amici curiae granted.


text:
    No. 91-542.
    Wright, Warden, et al. v. West.
   C. A. 4th Cir. [Certiorari granted, 502 U. S. 1012.] Motions of Benjamin R. Civiletti et al. and Gerald Gunther et al. for leave to file briefs as amici curiae granted.


text:
    No. 91-744.
    No. 91-902.
    Planned Parenthood of Southeastern Pennsylvania et al. v. Casey, Governor of Pennsylvania, et al.; and Casey, Governor of Pennsylvania, et al. v. Planned Parenthood of Southeastern Pennsylvania et al.
   C. A. 3d Cir. [Certiorari granted, 502 U. S. 1056.] Motion of Alan Ernest to represent children unborn and born alive denied. Motion of Legal Defense for Unborn Children for leave to file a brief as amicus curiae denied.


text:
    No. 91-790.
    No. 91-1206.
    No. 91-1111.
    CSX Transportation, Inc. v. Easterwood. Easterwood v. CSX Transportation, Inc. Hartford Fire Insurance Co. et al. v. California et al. Merrett Underwriting Agency Management Ltd. et al. v. California et al. Wintherthur Reinsurance Corporation of America v. California. Unionamerica Insurance Co. Ltd. et al. v. California et al.
   C. A. 11th Cir.;

C. A. 11th Cir.;

C. A. 9th Cir.;

No. 91-1128.

No. 91-1131.

No. 91-1146.

C. A. 9th Cir.;

C. A. 9th Cir.; and

C. A. 9th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 91-849.
    No. 91-865.
    Board of Education of Community Consolidated School District No. 21 v. Illinois State Board of Education et al.; and Illinois State Board of Education v. Board of Education of Community Consolidated School District No. 21 et al.,
   502 U. S. 1066. Motion of respondents Brozer et ux. for assessment of attorney’s fees and costs denied.


text:
    No. 91-913.
    Patterson, Trustee v. Shumate.
   C. A. 4th Cir. [Certiorari granted, 502 U. S. 1057.] Motion of David B. Tatge, Trustee, for leave to file a brief as amicus curiae granted.


text:
    No. 91-946.
    Church of Scientology of California v. United States et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 905.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 91-1188.
    Rowland, Former Director, California Department of Corrections, et al. v. California Men’s Colony, Unit II Men’s Advisory Council.
   C. A. 9th Cir. [Cer-tiorari granted, ante, p. 905.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 91-6109.
    Gilbertson v. Graham et al.,
   502 U. S. 1003. Motion of respondent Walker for attorney’s fees denied.


text:
    No. 91-6194.
    Crosby v. United States.
   C. A. 8th Cir. [Certiorari granted, ante, p. 905.] Motion for appointment of counsel granted, and it is ordered that Mark D. Nyvold, Esq., of St. Paul, Minn., be appointed to serve as counsel for petitioner in this case.


author: Justice Blackmun and Justice Stevens,

text:
    No. 91-7064.
    Toliver v. County of Sullivan et al.
   C. A. 2d Cir. Motion of petitioner for leave to proceed in forma pau-peris denied. Petitioner is allowed until April 13, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Blackmun and Justice Stevens,

dissenting.

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


text:
    No. 91-7451.
    In re Lee.
   Petition for writ of habeas corpus denied.


text:
    No. 91-7084.
    No. 91-7085.
    No. 91-7256.
    No. 91-7428.
    In re Martin; In re Meade; In re Cox; and In re Johns.
   Petitions for writs of mandamus denied.


text:
    No. 91-871.
    Bath Iron Works Corp. et al. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 91-948.
    Church of the Lukumi Babalu Aye, Inc., et al. v. City of Hialeah.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 91-998.
    Commissioner of Internal Revenue v. Soliman.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 91-1158.
    Mississippi et al. v. Louisiana et al.
   C. A. 5th Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition and to the following question: Did the District Court properly assert jurisdiction over respondents’ third-party complaint against petitioner State of Mississippi?


text:
    No. 91-6824.
    Zafiro et al. v. United States.
   C. A. 7th Cir. Motion of petitioners for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 91-851.
    Medley v. United States.
   Ct. Mil. App. Cer-tiorari denied.


text:
    No. 91-929.
    Kimes v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 91-942.
    Richardson et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-944.
    Cooper Electric Supply Co. et al. v. Martin, Secretary of Labor.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-969.
    Allen v. United States.
   Ct. Mil. App. Cer-tiorari denied.


text:
    No. 91-982.
    Employees of the Butte, Anaconda & Pacific Railway Co., Represented by the United Transportation Union et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-991.
    Griffey v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 91-1006.
    U. S. Marine Corp. et al. v. National Labor Relations Board et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-1007.
    Caine v. Hardy et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 91-1026.
    East Alabama Health Care Authority, dba East Alabama Medical Center v. Auburn Medical Center, Inc., et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 91-1036.
    Jones et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1041.
    Taitague et al. v. First Island Industry, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1062.
    Schatz et ux. v. Weinberg & Green.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-1068.
    Edwards et al., dba Carl Edwards & Sons Stables v. United States Department of Agriculture.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1139.
    Franklin Savings Assn. et al. v. Director, Office of Thrift Supervision, et al.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 91-1175.
    Morgan v. Community Redevelopment Agency of the City of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-1178.
    Basham v. Blankenship et al.
   Ct. App. Okla. Certiorari denied.


text:
    No. 91-1184.
    Erickson et al. v. Desert Palace, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1191.
    Hecker v. Franklin National Bank.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-1194.
    Committee of Unsecured Creditors v. Mellon Bank, N. A., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1201.
    Shutt v. Sandoz Crop Protection Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1204.
    Robinson v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 91-1205.
    Lavergne v. Cameron Iron Works.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-1207.
    Front Royal & Warren County Industrial Park Corp. et al. v. Town of Front Royal, Virginia, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-1212.
    Mitchell v. Mobil Oil Corp. et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-1214.
    Brooks v. Sulphur Springs Valley Electric Cooperative et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1219.
    Cully v. Cotofan.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-1222.
    California Electric Co. v. Briley et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1224.
    Ouzts v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 91-1226.
    Davis et al. v. Hollis.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 91-1228.
    Csoka v. Walden et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-1230.
    Houston Lighting & Power Co. v. Morris, Judge (City of San Antonio et al., Real Parties in Interest).
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 91-1232.
    Norman, Executrix of the Estate of Norman, Deceased v. Virginia Electric & Power Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-1235.
    Navarro, Sheriff of Broward County v. Review Publications, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1237.
    Hamilton v. Air Jamaica, Ltd.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1238.
    No. 91-1273.
    Paty et al. v. Price, aka Maui Loa, et al.; and Price et al. v. Hawaii et al.
   C. A. 9th Cir. Certiorari denied. Reported below: 939 F. 2d 702.


text:
    No. 91-1244.
    HyPoint Technology, Inc. v. Hewlett-Packard Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1246.
    Arlen v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 91-1247.
    Marx v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 91-1249.
    Nowers v. Virginia.
   Ct. App. Va. Certiorari denied.


text:
    No. 91-1250.
    McAllan v. Kerr et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-1253.
    Cook v. Cain.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-1256.
    Klavonick v. Ironworkers of Western Pennsylvania Benefits Plans et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 91-1258.
    Boyd et ux. v. Ford Motor Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1261.
    Texas v. Walker.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 91-1262.
    Bowers et al. v. Perko.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 91-1264.
    Soehngen v. Merit Systems Protection Board.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-1277.
    Farsaci v. Bush, President of the United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-1279.
    Kulzer, Individually and as Executrix of the Estate of Kulzer, Deceased v. Owens-Corning Fiberglas Corp. et al.
   . C. A. 2d Cir. Certiorari denied.


text:
    No. 91-1287.
    Irby et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-1294.
    Parker v. New Jersey.
   Sup. Ct. N. J. Cer-tiorari denied.


text:
    No. 91-1297.
    Ohio Department of Human Services v. Ohio Hospital Assn. et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-1307.
    Rangel v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-1318.
    Metallo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1336.
    Reichlin v. Williams, Novack & Hansen et al.
   Ct. App. Wash. Certiorari denied.


text:
    No. 91-1338.
    Girling Health Systems, Inc. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-1343.
    Goos v. Commissioner of Internal Revenue.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-1357.
    Peralta v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1364.
    Hassneh Insurance Company of Israel, Ltd. v. Superior Court of California, County of Los Angeles (Garamendi, Insurance Commissioner of California, Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-5006.
    J. E. B. v. Wisconsin.
   Ct. App. Wis. Certio-rari denied.


text:
    No. 91-6461.
    Cunningham v. Peters, Director, Illinois Department of Corrections.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6490.
    Hester v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6510.
    Young v. Herring et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 91-6611.
    Purvis v. Singletary, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6633.
    Williams v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-6661.
    Gibson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6666.
    Mosco v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-6676.
    Zavesky v. Town of Schererville, Indiana, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6693.
    Fisher v. Alabama.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 91-6722.
    Kelly v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-6726.
    Parmasavam v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6742.
    Williams v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6774.
    Barnett v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6805.
    Bodre v. United States.
   C. A. 1st Cir. Cer-tiorari denied.


text:
    No. 91-6806.
    Swan et ux. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6811.
    Dunnick v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6814.
    Frazier v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-6817.
    Donovan et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-6825.
    Dunson et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6833.
    Navarro-Botello v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6839.
    Ogunleye v. Immigration and Naturalization Service.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6850.
    Eddmonds v. Illinois.
   Sup. Ct. Ill. Certio-rari denied.


text:
    No. 91-6853.
    Cruz v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 91-6869.
    Escolastico-Disla v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6886.
    Abate v. Department of Housing and Urban Development et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6891.
    Bevill v. Mississippi.
   Sup. Ct. Miss. Certio-rari denied.


text:
    No. 91-6910.
    Sosa v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 91-6953.
    Cohen v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 91-6965.
    Pinkston v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6992.
    Cabral Perez v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6995.
    Allen v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7007.
    Khan v. Tanner et al.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 91-7017.
    Fraley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7037.
    Jones v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-7053.
    Whitlock v. O’Leary, Assistant Deputy Director, Adult Institutions, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7056.
    Battenfield v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 91-7058.
    Cunningham v. Woodman et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7060.
    Clarke v. Clarke County, Georgia, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7062.
    Salim v. Murray, Director, Virginia Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7063.
    N. S. v. El Paso County, Colorado, Department of Social Services, et al.
   Ct. App. Colo. Certiorari denied.


text:
    No. 91-7065.
    Harris v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 91-7066.
    Holman v. O’Leary, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7070.
    Gonzalez-Calas v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7071.
    Dill, aka Tucker v. Love, Superintendent, State Correctional Institution at Huntingdon, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7074.
    Boudette et al. v. County of Yavapai et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7075.
    Ruiz v. United States.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 91-7079.
    Ritcherson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7083.
    Moore, aka Savage v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-7089.
    Franzen v. Wright et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7098.
    Sully v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-7101.
    Montgomery v. University of Chicago et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7102.
    Thomason v. United States Steel Corp. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7104.
    Moister v. First National Bank of Atlanta.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7111.
    Smith v. Lynaugh et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7115.
    Harding v. Redman, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7118.
    Bacchus v. Postman.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 91-7120.
    Scott v. Texas.
   Ct. App. Tex., 3d Dist. Cer-tiorari denied.


text:
    No. 91-7123.
    Simmons v. Beyer, Superintendent, New Jersey State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7130.
    Starks v. McMackin, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7132.
    Idziak v. Michigan.
   Ct. App. Mich. Certio-rari denied.


text:
    No. 91-7133.
    Henry v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7134.
    Howard v. Zimmerman et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7136.
    In re Jesse.
   Sup. Ct. Mo, Certiorari denied.


text:
    No. 91-7138.
    Lucien v. Peters, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7139.
    Lucien v. Johnson, Commissioner, Court of Claims.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7140.
    Lucien v. Roper et al.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 91-7141.
    Reininghaus v. Reininghaus.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 91-7145.
    Galbraith v. Northern Telecom, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7147.
    Chung Kun Yim v. Prelesnik, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7149.
    Francois v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7150.
    Hunter v. Roberts et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7153.
    Ritcherson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7154.
    Mendez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7156.
    Petillo v. McClellan, Superintendent, Southport Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7157.
    Owens v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7158.
    Zimmerman v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 91-7160.
    Aten, Executrix of the Estate of Porcaro v. Neubert et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7162.
    Parziale v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7163.
    Rollins v. Tennessee.
   Sup. Ct. Tenn. Cer-tiorari denied.


text:
    No. 91-7164.
    Reinbold v. Dewey County Bank.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7165.
    Marin v. Brigham Young University.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7166.
    Lovings v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 91-7171.
    Justice v. LTV Steel Co., Inc., for Itself and as Successor to Republic Steel Corp., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7172.
    Huffsmith v. Wyoming County Prison Board et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7177.
    Sireci v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-7178.
    Yeatts v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 91-7183.
    Ferguson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7204.
    Harris v. Sivley, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7207.
    Conner v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 91-7210.
    Waggoner v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7212.
    Lowe v. United States.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 91-7213.
    Hardy v. LeCureux, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7220.
    Miller v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7221.
    Phillipe v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-7225.
    Ruggles v. City of Riverside.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7226.
    Albury et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7230.
    Batts v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 91-7235.
    Minota-Guerrero v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7237.
    McFadden v. Derwinski, Secretary of Veterans Affairs.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-7238.
    Ward v. Ward.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-7241.
    Kennedy v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7254.
    Andrews v. Singletary, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certio-rari denied.


text:
    No. 91-7259.
    Fairman v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7261.
    Gomez v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 91-7265.
    Diaz v. Terrell et al.
   C. A.'7th Cir. Cer-tiorari denied.


text:
    No. 91-7266.
    Rogers v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7267.
    Pelaez-Carmona v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7268.
    Moreno v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7281.
    Lawson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7284.
    Harrison v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7289.
    Cano v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 91-7290.
    Straughter v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7291.
    Hernandez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7296.
    Harper v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7297.
    Williams v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-7303.
    Samuels v. Hawley, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7305.
    No. 91-7349.
    Pink v. United States; and Rodney v. United States.
   C. A. 4th Cir. Certiorari denied. Reported below: 953 F. 2d 640.


text:
    No. 91-7306.
    Oseguera-Lucatero v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7307.
    Poole v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7310.
    Arache v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-7318.
    Malone v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7319.
    Stewart v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7321.
    Zepeda v. Dorsey et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7322.
    Crum v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7324.
    Thompson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-7329.
    Mata v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7330.
    Oakley v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-7331.
    Muracciole v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7334.
    Grunden v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7338.
    Fowler v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7341.
    Skillern v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7346.
    Moore v. Deputy Commissioner of the State Correctional Institution at Huntingdon et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-7353.
    Giles v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 91-7357.
    Roark v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7359.
    Smylie v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7361.
    Bauman v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-7362.
    Vaccaro v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7364.
    Abadia, aka Ochoa v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-7368.
    Gilbert v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-7369.
    Johnson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-7372.
    Williams v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-7373.
    Minicone v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7374.
    Maya v. United States.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 91-7382.
    Abrego v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-7393.
    Doe v. Gross et al.
   Sup. Jud. Ct. Mass. Cer-tiorari denied.


text:
    No. 91-7396.
    Greene v. Senkowski, Superintendent, Clinton Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-7418.
    Savage v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-7422.
    Jozwiak et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-1861.
    Greenville Public School District et al. v. Western Line Consolidated School District et al.
   Sup. Ct. Miss. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 91-977.
    No. 91-1025.
    District 6, International Union of Industrial Service, Transport & Health Employees v. National Labor Relations Board; and Human Development Assn. v. National Labor Relations Board et al.
   C. A. D. C. Cir. Certiorari denied.

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

Reported below: 290 U. S. App. D. C. 339, 937 F. 2d 657.


text:
    No. 91-1040.
    Penthouse International, Ltd. v. Meese, Former Attorney General of the United States, et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 91-996.
    California v. Cribas.
   Ct. App. Cal., 4th App. Dist. Motion of respondent for leave to proceed in forma pau-peris without an affidavit of indigency executed by respondent granted. Certiorari denied.


text:
    No. 91-1002.
    No. 91-1199.
    Young & Rubicam, Inc. v. Midler; and Midler v. Young & Rubicam, Inc.
   C. A. 9th Cir. Motion of American Association of Advertising Agencies, Inc., for leave to file a brief as amicus curiae in No. 91-1002 granted. Certiorari denied. Reported below: 944 F. 2d 909.


text:
    No. 91-1009.
    Schowengerdt v. United States et al.
   C. A. 9th Cir. Motion of petitioner for leave to proceed as a veteran granted. Certiorari denied.


text:
    No. 91-1159.
    Mouradian v. John Hancock Cos. et al.
   C. A. 1st Cir. Motion of petitioner for leave to proceed as a veteran granted. Certiorari denied.


text:
    No. 91-1196.
    Heggy v. Heggy.
   C. A. 10th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-1331.
    Pipefitters’ Association Local Union No. 597 v. Daniels.
   C. A. 7th Cir. Certiorari denied. .

Justice White would grant certiorari.


text:
    No. 91-6681.
    Smith v. United States.
   C. A. 9th Cir. Cer-tiorari denied.

Justice White would grant certiorari.


text:
    No. 91-6685.
    Calderon v. United States.
   C. A. 1st Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-6830.
    Barrett v. United States.
   C. A. 5th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-6849.
    Frierson v. United States.
   C. A. 3d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-1216.
    Sutherland v. Sutherland.
   Ct. App. Cal., 2d App. Dist. Motions of Institute in Basic Life Principles et al. and Lincoln Legal Foundation for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 91-1236.
    Abraham, District Attorney of Philadelphia County v. Harris et al.
   C. A. 3d Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-1240.
    Engelke v. Scher.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-1280.
    Zant, Warden v. Horton.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-7002.
    Bailey v. Noot et al.
   C. A. 8th Cir. Certio-rari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

The issue in this case is whether the Ex Post Facto Clause of the Constitution, Art. I, § 9, cl. 3, is violated when a newly modified state parole regulation is applied to a prisoner who began serving his sentence prior to the rule change.

Petitioner pleaded guilty to the 1976 kidnap, sexual abuse, and murder of a young girl; he was sentenced to three concurrent jail terms, the longest of which was 40 years. In 1981, the Minnesota Corrections Board determined that, because of the severity of petitioner’s crimes, the target date for his release should be the expiration of his sentence. In a letter to petitioner, the board stated that it would “not consider any form of release prior to the expiration of your sentence unless psychiatric, psychological, and correctional staff can certify that you are no longer a danger to the public in general and/or young females specifically.”

A year later, the Minnesota Legislature abolished the corrections board and transferred parole responsibility to the commissioner of corrections. Minn. Stat. §243.05 (1990). The commissioner enacted new parole regulations, including a rule that “[a]ll release dates established by the Minnesota corrections board will be left in full force and effect by the commissioner.” 3 Minn. Rule §2940.1500, subp. 2 (1991). Petitioner was informed that this new regulation effectively froze his release date.

Petitioner filed this civil rights action under Rev. Stat. § 1979, 42 U. S. C. § 1983, asserting that application of the new parole regulation to his case violated the Ex Post Facto Clause. The United States District Court for the District of Minnesota entered summary judgment for respondents. A divided panel of the Court of Appeals for the Eighth Circuit affirmed, holding that “the Minnesota parole regulations are not ‘laws’ for ex post facto purposes ... .” Bailey v. Gardebring, 940 F. 2d 1150, 1157 (1991). The court, again divided, denied rehearing en banc.

The judgment of the Court of Appeals conflicts with decisions of other Courts of Appeals, which have held that application of changed state parole regulations may pose ex post facto problems. See, e. g., Akins v. Snow, 922 F. 2d 1558 (CA11), cert. denied, 501 U. S. 1260 (1991); Royster v. Fauver, 775 F. 2d 527 (CA3 1985). Because the issue is likely to arise frequently, I would grant certiorari to resolve the disagreement.


text:
    No. 91-7239.
    Mount v. United States.
   C. A. 1st Cir. Cer-tiorari denied.

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


text:
    No. 91-899.
    No. 91-5477.
    No. 91-5613.
    No. 91-6199.
    No. 91-6225.
    No. 91-6334.
    No. 91-6469.
    No. 91-6474.
    No. 91-6514.
    No. 91-6523.
    Sloan v. United States, Brown v. United States, Wade v. Georgia, Kennedy v. Singletary, Secretary, Florida Department of Corrections, et al., Ahmed v. Stone, Secretary, Department of the Army, Chalk v. Harrison et al., Smythe v. Green et al., Stone v. Dallman, Warden, White v. Alabama, Lombard v. New York City Board of Education et al., Brymer v. Hesson, Acting Warden, et al., Greene v. Teledyne Electronics,
   502 U. S. 1060;

502 U. S. 1075;

502 U. S. 1060;

502 U. S. 1066;

502 U. S. 1062;

502 U. S. 1041;

502 U. S. 1063;

502 U. S. 1063;

502 U. S. 1076;

502 U. S. 1064;

No. 91-6563.

No. 91-6649.

502 U. S. 1077; and

502 U. S. 1080. Petitions for rehearing denied.


text:
    No. 91-5694.
    Ferguson v. Giant Foods, Inc.,
   502 U. S. 927. Petition for rehearing denied.

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


text:
    March 24, 1992
    No. 91-6894.
    Shano v. United States.
   C. A. 5th Cir. Cer-tiorari dismissed under this Court’s Rule 46.


text:
    No. 91-7200.
    Castillo v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari dismissed under this Court’s Rule 46.


text:
    March 27, 1992
    No. 91-1335.
    Walker et al. v. United States District Court for the Middle District of Louisiana (Exxon Corp., Real Party in Interest).
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. A-700.
    Camp, Secretary of State of Alabama v. Wesch et al.
   D. C. S. D. Ala. Application for stay, presented to Justice Kennedy, and by him referred to the Court, denied. Motion to expedite consideration of the jurisdictional statement denied. Motion to permit filings initially in typewritten form granted.


text:
    No. 91-1502 (A-696).
    Franklin, Secretary of Commerce, et al. v. Massachusetts et al.
   D. C. Mass. [Probable jurisdiction noted, ante, p. 929.] Application for stay, presented to Justice Souter, and by him referred to the Court, granted, and it is ordered that the judgment of the United States District Court for the District of Massachusetts, case No. Civ. 91-11234-WD, be stayed pending disposition of the appeal in this Court. In the event the judgment is affirmed, this order is to terminate automatically. If the judgment is vacated or reversed, this stay is to remain in effect pending the sending down of the judgment of this Court.


text:
    March 30, 1992
    No. 91-1288.
    Kindig et al. v. Department of Transportation et al.
   C. A. D. C. Cir. Certiorari dismissed as to petitioner Valentine under this Court’s Rule 46.


text:
    No.-.
    No.-.
    Cuevas v. United States; and Halas v. Quigg.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No. A-642.
    Pandey v. United States.
   Application for release, addressed to Justice White and referred to the Court, denied.


text:
    No. A-670 (91-1494).
    Gunter et al. v. Abdullah.
   C. A. 8th Cir. Application for stay, addressed to Justice Thomas and referred to the Court, denied.


text:
    No. A-689.
    Ayars et ux. v. New Jersey.
   Application for bail, addressed to Justice White and referred to the Court, denied.


text:
    No. D-1065.
    In re Disbarment of Solowitch.
   Eric Steven Solowitch, of University Heights, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on January 18, 1992 [502 U. S. 1026], is hereby discharged.


text:
    No. D-1071.
    In re Disbarment of Wiley.
    [For earlier order herein, see 502 U. S. 1054.]
   Disbarment entered.


text:
    No. D-1072.
    In re Disbarment of Trudgeon.
    [For earlier order herein, see 502 U. S. 1054.]
   Disbarment entered.


text:
    No. D-1073.
    In re Disbarment of Zadan.
    [For earlier order herein, see 502 U. S. 1054.]
   Disbarment entered.


text:
    No. D-1077.
    In re Disbarment of Swickle.
    [For earlier order herein, see 502 U. S. 1055.]
   Disbarment entered.


text:
    No. D-1080.
    In re Disbarment of Bryan.
    [For earlier order herein, see 502 U. S. 1055.]
   Disbarment entered.


text:
    No. D-1099.
    In re Disbarment of Hart.
   It is ordered that Henry Clay Hart, Jr., of Morgantown, W. Va., 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-1100.
    In re Disbarment of Cunningham.
   It is ordered that Michael Eaton Cunningham, of Brick, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1101.
    In re Disbarment of Watson.
   It is ordered that Mark Temple Watson, of Elizabethtown, Ky., 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-1102.
    In re Disbarment of Conner.
   It is ordered that Kurt R. Conner, of North Wilkesboro, N. C., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1103.
    In re Disbarment of Winn.
   It is ordered that Newton Alfred Winn, of St. Petersburg, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1104.
    In re Disbarment of Blank.
   It is ordered that Gary L. Blank, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1105.
    In re Disbarment of Mekas.
   It is ordered that Peter G. Mekas, of Reed City, Mich., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 91-471.
    Chemical Waste Management, Inc. v. Hunt, Governor of Alabama, et al.
   Sup. Ct. Ala. [Certiorari granted, 502 U. S. 1070.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 91-744.
    No. 91-902.
    Planned Parenthood of Southeastern Pennsylvania et al. v. Casey, Governor of Pennsylvania, et al.; and Casey, Governor of Pennsylvania, et al. v. Planned Parenthood of Southeastern Pennsylvania et al.
   C. A. 3d Cir. [Certiorari granted, 502 U. S. 1056.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 91-538.
    Forsyth County, Georgia v. Nationalist Movement.
   C. A. 11th Cir. [Certiorari granted, 502 U. S. 1023.] Motion of International Association of Chiefs of Police et al. for leave to file a brief as amici curiae granted.


text:
    No. 91-719.
    Parke, Warden v. Raley.
   C. A. 6th Cir. [Cer-tiorari granted, ante, p. 905.] Motion of respondent for leave to proceed further herein in forma pauperis granted. Motion for appointment of counsel granted, and it is ordered that J. Gregory Clare, Esq., of Louisville, Ky., be appointed to serve as counsel for respondent in this case.


text:
    No. 91-971.
    Two Pesos, Inc. v. Taco Cabana, Inc.
   C. A. 5th Cir. [Certiorari granted, 502 U. S. 1071.] Motion of respondent to expedite consideration of motion to dismiss the writ as improvidently granted is granted. Motion of respondent to dismiss the writ as improvidently granted is denied.


text:
    No. 91-1010.
    Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.
   C. A. 1st Cir. [Certiorari granted, ante, p. 918.] Motion of respondent for summary disposition denied.


text:
    No. 91-1270.
    Richards, Governor of Texas, et al. v. Terrazas et al.
   Appeal from D. C. W. D. Tex. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 91-1283.
    Greenberg, Independent Executor of Estate of McGann, Deceased v. H & H Music Co. et al.
   C. A. 5th Cir. Motions of American Public Health Association et al., Bay Area Lawyers for Individual Freedom et al., and Michigan Protection & Advocacy for leave to file briefs as amici curiae granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 91-6619.
    No. 91-7252.
    Shannon et ux. v. United Services Automobile Assn. et al. Newman et al. v. Orentreich.
   Sup. Ct. Wis.; and

Ct. App. N. Y. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until April 20,1992, within which to pay the docketing fee required by Rule 38(a) and to submit petitions in compliance with Rule 33 of the Rules of this Court.


text:
    No. 91-6646.
    Hadley v. United States.
   C. A. 9th Cir. [Certiorari granted, ante, p. 905.] Motion for appointment of counsel granted, and it is ordered that John Trebon, Esq., of Flagstaff, Ariz., be appointed to serve as counsel for petitioner in this case.


text:
    No. 91-7511.
    No. 91-7542.
    In re Zzie; and In re Gates.
   Petitions for writs of habeas corpus denied.


text:
    No. 91-1420.
    Growe, Secretary of State of Minnesota, et al. v. Emison et al.
   Appeal from D. C. Minn. Probable jurisdiction noted.


text:
    No. 91-1043.
    Professional Real Estate Investors, Inc., et al. v. Columbia Pictures Industries, Inc., et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 91-10.
    Spectrum Sports, Inc., et al. v. McQuillan et vir, dba Sorboturf Enterprises.
   C. A. 9th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 91-7094.
    Richmond v. Lewis, Director, Arizona Department of Corrections, et al.
   C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pawperis granted. Cer-tiorari granted.


text:
    No. 91-758.
    Cruz Rasa et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-961.
    International Chemical Co. et al. v. National Labor Relations Board.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-1058.
    McBride v. Immigration and Naturalization Service.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-1097.
    Ward v. Secretary of Transportation.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-1104.
    Kegley et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1123.
    Rives et al. v. Interstate Commerce Commission et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-1124.
    Havasupai Tribe et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-1155.
    Smith, Individually and as Administratrix of the Estate of Smith, et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-1266.
    Wilson et al. v. Karr, Tuttle, Koch, Campbell, Mawer, Morrow & Sax et al.
   Ct. App. Wash. Cer-tiorari denied.


text:
    No. 91-1268.
    City of Newport et al. v. Lee, dba Brass Bull.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-1275.
    Wilkerson v. Lake County Superior Court et al.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 91-1276.
    Gordon et ux. v. Board of Zoning Appeals, Carroll County, Maryland, et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 91-1278.
    Feldman v. Glucroft et al.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 91-1290.
    Schwarzer v. Douglas County, Nevada.
   9th Jud. Dist. Ct. Nev., County of Douglas. Certiorari denied.


text:
    No. 91-1291.
    Carlisle et al. v. Bradshaw et al.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 91-1293.
    Lendabarker v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.

575 N. E. 2d 568.


text:
    No. 91-1309.
    Cortec Industries, Inc., et al. v. Westinghouse Credit Corp.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-1311.
    Rapps, Individually and as Director of the Missouri Division of Child Support Enforcement, et al. v. Jackson et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-1315.
    Mirman v. Grievance Committee for Second and Eleventh Judicial Districts.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.